REVIEW AND ADJUSTMENT OF A SUPPORT ORDER

CS 450P-4 Procedures to Adjust Judicial Order—AGO Referral

10/90 Revised 10/10/14 Training Completed 07/28/12

45 CFR 303.8; UCA 62A-11-304.4, 306.2, 320.5 and 320.6, 78B-12-202, 111, 210 and 112; R527-231 and 255

 

The overall steps for CSS cases and CIC cases coded for review and adjustment are similar.  Any specific procedural differences discussed in this section will refer to “CSS case coded” or “CIC case coded.”  Every letter used in the review and adjustment process on a CSS case has a parallel letter to be used on a CIC case; however, the automation may not be the same.  Those differences are noted below where they are known.

 

Procedures to Adjust Judicial Order—AGO Referral

 

After you enter the review complete code on ORSIS for judicial orders, follow the steps below to make a referral to the AGO.

 

1.                  Update ORSIS.  

 

NOTE:  If the case being referred to the AGO is a CSS case but the Juvenile Court has jurisdiction, refer the case to the CSS AGO and if appropriate, the CSS AG will refer the case to the CIC AG.  If the case being referred to the AGO is a CIC case and there is a Juvenile Court order, ORSIS should be updated with the CIC attorney’s worker ID and referred to the CIC attorney in the Salt Lake Attorney General’s Office.

 

2.                  If there is pending judicial action or a previous order, verify that the name listed on the judicial action is listed on ORSIS. 

 

3.                  Prepare the referral packet. 

 

If Juvenile Court is involved because the child is in state custody, make note the state agency has custody of the child.

 

c.                   The “Request for Review and Adjustment of the Child Support Obligation” signed by the requesting party.

 

NOTE:  If “UTAH” is the requestor, this form is not required as part of the referral packet.  The referral form should be marked “N/A” in the “Request for Review and Adjustment of Child Support Obligation section in the document table and write “State of Utah is the requestor” in the “Comments” section.  

 

d.                  The appropriate Utah guidelines worksheet.  NOTE:  This document will always be a paper copy included in the referral packet.

 

e.                   The original “Worksheet Income Verification Affidavit” signed by the agent and notarized by a Notary Public.  NOTE:  This document will always be a paper copy with an original signature and notary included in the referral packet.

 

f.                   The income information used to calculate the Utah guidelines worksheet.

 

g.                  Any documentation in support of present family credit (e.g. current spouse income, marriage certificate, birth certificates, evidence of paternity establishment, etc.).

 

h.                  Any documentation in support of previously ordered support credit (i.e., a copy of the order).

 

i.                    The “Income Worksheet – Alleged Current Income”completed by the agent.

 

j.                    Any Financial Declarations (e.g. financial statement, such as the CRVU and supporting documentation).

 

k.                  The “Affidavit of Decreased Income” completed by the parent(s) whose income(s) may have decreased.

 

l.                    The “Review and Adjustment Worksheet” completed by the agent to calculate the difference between the existing award and the new amount for both parents.

 

m.                The UIFSA petition (if the case is an incoming interstate case).

 

n.                  Other items which may be unique to your office (e.g. prepared legal documents, service fee check for long-arm, etc.).

 

o.                  A photo for process service.

 

7.                  Refer the referral packet to the AGO.  Place the referral form and any paper documents in an envelope and forward to the AGO.  If you believe that one of the parents will provide you with additional information that could affect your decision to open a referral to the AGO then delay creating the referral packet for up to 15 days.

 

NOTE:  Referral packets and AG litigation files are the property of the AGO and will not be used by CSS nor returned to the agent once the judicial action is completed.  CSS agents may not access the referral packets once they are referred to the AGO and may not obtain copies of any of the documents that may be contained in the AG litigation files.

 

NOTE 2:  Once a referral has been made to the AGO, all questions related to the pending legal action should be directed to the assigned AG’s legal secretary.

 

8.                  If additional information is provided, review the facts of the case with the AGO and decide what action, if any, to take on the case.  You may wish to contact the other parent to reconcile discrepancies in the evidence.

 

If a parent disagrees with the results of the review, the parent may present an argument at the judicial hearing or seek private counsel.

 

9.                  When the AGO is done with the modification, they will close the referral in the Attorney General Referral system.  Once the system is updated, it will close the referral on ORSISand it will no longer be viewable in ORSIS. 

 

NOTE:  If a referral has not been closed on ORSIS, e-mail the attorney listed on the screen to close the referral in their system. 

 

10.              If the AGO declines to proceed with the modification, verify that Volume 2 was followed.  If procedures in Volume 2 were followed, complete the steps listed below.  If not, consult with your management chain for further discussion.  The case may need to be addressed in the monthly meetings held with the AGO.

a.                   If consensus is reached that the case will not be pursued, the agent sends the letter denying the modification.  Choose the option that best describes the reason for the denial.  If none of the options fit, use the “AGO Denial” option. 

i.                    End the review and adjustment process on ORSIS

 

11.              If the order was modified, update ORSIS.

 

12.               After adding the order to ORSIS and completing any other updates, if the order has not previously been imaged, attach the order and any other necessary documents with a black clip and forward to the Central Imaging Unit (CIU).  All judicial orders returning from the AGO will be scanned and imported directly into the assigned modification agent’s mailbox.  The assigned modification agent is responsible to ensure that the order and all other additional documents have been received and are attributed into the correct Item Type with the appropriate Form Name(s).  If there are other cases that may be affected by the order, the agent must also attribute the order to those cases and notify the assigned worker, if appropriate, that a new order has been received and attributed to his/her case.  Documents returning from the AGO that should be imaged include:

a.                   Any judicial orders; and,

b.                  The appropriate Utah guidelines worksheet associated with the final order.

 

NOTE:  If a paper document is received from the AGO that is on the imaging index, check the system to determine whether the document has already been imaged or verify that the document needs to be prepared for imaging.

 

13.              Write a case narrative any time you take an action during the review process.