REVIEW AND ADJUSTMENT of a SUPPORT order                 

CS 450P-6 Procedures to Adjust a CIC 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 a CIC Administrative Order

 

Do not attempt to take a new CIC administrative order to adjust an award set by a judicial order or a CSS administrative order.  If the CIC administrative order has been registered for judicial enforcement only, you may proceed administratively.  If a CIC 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. . 

 

If the only support order that exists is a CIC administrative order, the documents to issue a new CIC Administrative order will be used after the review is completed and only if the existing order qualifies for an adjustment based on the results of the review. 

 

1.                  Prepare the Notice of Agency Action. 

 

2.                  Send the notice to the parent(s) by certified mail .  Maintain a paper copy of the notice packet signed by the Presiding Officer until service on the parent(s) is successful.

NOTE:  If it is determined that a CIC administrative order should be modified, the amount in the administrative order will be effective the date the Presiding Officer signs the order .  For the time period previous to the modified order being issued, the amount in the existing child support order will be used.  

 

3.                  Reassign the case to the appropriate Presiding Officer once successful service has been completed.

 

4.                  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.  If appropriate, 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

Results do not change.  If the results of the review do not change, the Presiding Officer will update ORSIS and generate the “Review Challenge, No Change” letter.

 

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.

 

5.                  After waiting the appropriate timeframe, the Presiding Officer will issue a modified CIC administrative order.  The new CIC administrative order will be effective the date that the Presiding Officer signs the order.

 

a.                   Prepare the administrative order packet.  Documents that need to be imaged in the order packet include:

i.                    A copy of the new administrative order;

ii.                  The mailing certificate;

iii.                The appropriate Utah guidelines worksheet associated with the final order;

iv.                The “Worksheet Income Verification Affidavit”; and,

v.                  If appropriate, the “Affidavit of Military Service”.

 

vi.                NOTE:  The order packet must be organized in this manner for imaging purposes.  Out of sequence forms may not be recognized or may be assigned incorrect attributes.

 

6.                  After the administrative order has been approved, update ORSIS.

 

7.                  After the order has been approved by CDU, attributed into the Content Manager case file and added to ORSIS, send a copy of the administrative order to the parent(s).  This must be completed within 14 days of the order being issued.

 

8.                  End the modification on ORSIS. 

 

9.                  Notify the post order agent of the modified order and if appropriate, to transfer applicable money from the old debt to the new debt, end the debt on the old obligation, and enforce on the modified order amount.

 

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