REVIEW AND ADJUSTMENT OF A SUPPORT ORDER

CS 450P-9 Procedures for Review and Adjustment – Noncustodial Parent is Incarcerated

New 01/01/18 Revised 01/05/26 Training Completed 01/19/26 Last Reviewed 02/02/26

45 CFR 303.8

 

 

The overall steps for Child Support Services (CSS) cases and Child in Care (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.

 

 

Statutory Authority

 

Pursuant to 45 CFR 303.8(b)(2), after learning that a noncustodial parent (NCP) will be incarcerated for more than 180 days prospectively, the Office of Recovery Services (ORS) has elected to initiate a review and, if appropriate, adjustment of the child support order. 45 CFR 303.8(b)(2) states:

“The State may elect in its State plan to initiate review of an order, after learning that a noncustodial parent will be incarcerated for more than 180 calendar days, without the need for a specific request and, upon notice to both parents, review and, if appropriate, adjust the order, in accordance with paragraph (b)(1)(i) of this section.”

 

The agent must verify that the NCP’s expected release date is more than 180 days prospectively to determine whether the case qualifies for a modification due to incarceration.

 

 

Forms Overview

 

1.                   Review and Adjust CIC: Notice to NCP, Duration of Incarceration Unknown. This form is sent to the noncustodial parent when ORS is unable to verify the duration of his/her sentencing. This form notifies the NCP that ORS has become aware that s/he is currently incarcerated and requests that the NCP submit proof of sentencing and complete and return the Financial Statement for Review/Adjustment Only (form CRVU), along with any supporting documentation, in order for the review to continue. The form is automatically generated when certain conditions in ORSIS are met.

 

2.                   Review and Adjust CIC: Review Initiated due to Incarceration – Non-Requestor. This form is sent to the non-requestor(s). When Utah is the requestor, this form must be sent to both parents. The form must be manually generated to the other parent. This form notifies the non-requestor(s) that pursuant to 45 CFR § 303.8(b)(2), ORS has initiated a review of the child support award because ORS has become aware that the NCP will be incarcerated for more than 180 days.

 

3.                   Financial Statement for Review/Adjustment Only. This form is sent to both the requestor and non-requestor(s). When the NCP is the requestor, s/he should complete and return this form AND provide proof of his/her sentencing in order for the review to proceed. Once this form is completed by the participant(s) and returned to ORS, it is used to determine income amounts to be used in the review and adjustment process. This form is NOT mandatory in order for ORS to proceed with a review for adjustment.

 

4.                   Review and Adjust: Notice to NCP, Duration of Incarceration Unknown. This form is sent to the noncustodial parent when ORS is unable to verify the duration of his/her sentencing. This form notifies the NCP that ORS has become aware that s/he is currently incarcerated and requests that the NCP submit proof of sentencing and complete and return the Financial Statement for Review/Adjustment Only (form CRVU), along with any supporting documentation, in order for the review to continue. The form is automatically generated when certain conditions in ORSIS are met.

 

5.                   Review and Adjust: Review Initiated due to Incarceration – Non-Requestor. This form is sent to the non-requestor(s). When Utah is the requestor, this form is sent to both parents. This form notifies the non-requestor(s) that pursuant to 45 CFR § 303.8(b)(2), ORS has initiated a review of the child support award because ORS has become aware that the NCP will be incarcerated for more than 180 days.

 

6.                   Income Worksheet. This form is to be completed by the modification agent and is used to determine income to be used for the participants during the review process. Refer to CS 403P Income and CS 403P-1 Determining Income for Guideline Worksheets for detailed instructions on calculating income.

 

 

Overview of Modifications for Incarcerated Individuals

 

In the past, Utah case law combined with Utah Code treated incarceration time frames and reduced earnings due to incarceration as “voluntary underemployment” which prevented most review and adjustment actions from resulting in a change to the order. In December 2016, the Office of Child Support Enforcement (OCSE) passed new federal regulations which prevented incarceration from being treated as “voluntary underemployment” and required states to adopt one of three options for proceeding with review and adjustment processes for incarcerated parents after the agency learns that the noncustodial parent will be incarcerated for more than 180 calendar days (prospectively).

 

The three options given to states are:

1.                   Notify both parents of the right to request a review [see 45 CFR 303.8 (b)(7)(ii)];

2.                   Initiate a review without a request [see 45 CFR 303.8 (b)(2)]; or,

3.                   Have a state law which modifies the obligation upon incarceration by operation of law [see 45 CFR 303.8(b)(7)(ii)].

 

ORS has adopted the second option listed. For detailed information about the procedures regarding incarcerated NCPs, refer to Post Order Procedures – Noncustodial Parent is Incarcerated, below.

 

 

Procedures – Noncustodial Parent is Incarcerated

 

Post order workers may become aware that a noncustodial parent is incarcerated through notifications that occur through normal business practices (e.g., locate results, phone calls, mail, researching local jail or prison sites, etc.). This may include NCPs who are incarcerated in other states.

 

When you become aware that an NCP on your caseload is incarcerated, attempt to obtain the sentencing information to determine if the NCP will be incarcerated for more than 180 days from that date. The 180 days is calculated from the date that ORS receives verification that the NCP will remain incarcerated for more than 180 days.

 

1.                   If you verify that the NCP will be incarcerated for 180 days or less, no further action is necessary.

2.                   If you verify that the NCP will be incarcerated for more than 180 days, update ORSIS and write a detailed case narrative.

 

 

Noncustodial Parent is Incarcerated – Automatic-Adjustment Provisions

 

When reviewing a case for review and adjustment of a child support award because the noncustodial parent will be incarcerated for more than 180 days from the date that ORS became aware of the incarceration, multiple guideline worksheets may be needed.

 

When modifying a support award and including an automatic-adjustment provision due to the NCP’s incarceration, use the income worksheet to determine the correct income for the participants for periods during and after the NCP’s release from incarceration. For more information about automatic adjustments and NAA preparation, refer to CS 403P, and CS 403P-1.