REVIEW AND ADJUSTMENT

CS 450P-5 Procedures to Adjust CSS Administrative Order

10/90 Revised 08/29/14 Training Completed 07/28/12

45 CFR 303.8; U.C.A. 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 CSS Administrative Order

 

Do not attempt to take an administrative order to adjust an award set by a judicial order.  If the administrative order has been registered for judicial enforcement only, you may proceed administratively.  If an administrative order has been registered and modified in district court, the order must be treated as a judicial order and modified in the district court.

  

1.                  Prepare a Notice of Agency Action.  Prepare the notice for the Presiding Officer to sign with the appropriate cover letter that informs both parties that all worksheets, including the present family worksheet, are submitted to the court and will become public record. 


If one of the respondents was not served in the initial administrative order, serve that respondent with the notice.  If the respondent was served under the original order, send the notice by first class mail.  List the effective date in the notice as two months later from when you send the notice out for service.

 

EXAMPLE: If you are sending the notice in June, list August as the month the modification will be effective.  Send the notice by first class mail to the NCP’s current address.  If after diligent searching you cannot find a current address, send the notice by first class mail to the most recent address on file unless you know that the NCP does not live there any longer.  If you know that the NCP is not at the last known address you must locate the NCP before sending the notice.  Also, send a copy of the notice to the CP. 

 

Do not initiate non-cooperation proceedings against a IV-A recipient for refusing to sign a stipulation to modify an order.


If you do not generate the notice within 20 days of entering the review code, you receive the alert.  This alert is deleted when you generate the notice.

 

NOTE:  If waiting for service for one or all of the parties, do not forward the notice packet until successful service has been returned and can be attached to the notice.  The notice packet should include the following documents:

 

a.                   the original notice signed by the Presiding Officer;

b.                  the mailing certificate;

 

NOTE:  The notice has page numbers printed on the upper left hand corner of the document; the mailing certificate also has a page number listed on the upper left hand corner. The pages of the notice and mailing certificate must be in consecutive order for imaging.

c.                   the Utah guidelines worksheets used to prepare the notice (this includes imputed income worksheets);

d.                  the “Worksheet Income Verification Affidavit”;

e.                   if appropriate, proof of service [e.g. green card or “Process Service Referral”. 

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

g.                  the “Income Worksheet – Alleged Current Income” completed by the agent to determine the income for the notice that was served;

h.                  the income information used to calculate the Utah guidelines worksheet; and,

i.                    any Financial Declarations.

 

2.                  Reassign the case to the appropriate Presiding Officer once the notice has been sent to the parties.  If at least one of the parties needs to be served, wait until successful service is returned before reassigning the case to the Presiding Officer.

 

3.                  If additional information is provided, the Presiding Officer will review the facts of the case and decide what action, if any, to take on the case.  The other parent may need to be contacted to reconcile discrepancies in the evidence.

a.                   Results change.  If the new information changes the review results, update ORSIS.

b.                  Results do not change.  If the results of the review do not change, the Presiding Officer will update ORSIS. 

 

If a parent disagrees with the results of the review, the parent may exercise the response options outlined in the notice or seek private counsel.

 

4.                  After waiting the appropriate timeframe, the Presiding Officer will issue a CSS administrative modification order.

 

a.                   Prepare the administrative order packet.

 

5.                  After a modified order has been approved, update ORSIS.

6.                  After the order has been approved b, send a copy of the administrative order to both parents (and the other state on interstate cases).  This must be completed within 14 days of the order being issued.

 

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