REVIEW AND ADJUSTMENT OF A SUPPORT ORDER
CS 450P-1 Initiating a Review and
Pre-request Procedures
12/06/04
Revised 09/06/24 Training Completed 09/20/24 Last Reviewed 06/04/25
45 CFR 303.3,
303.8; 45
CFR 303.31; Utah Code
26B-9-207, 211,
220,
221, 224 , 81-6-102,
202,
204,
205,
212,
81-7-102;
R527-231, 601
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.
Criteria CSS
Will Use to Initiate a Review
1.
3 year review, mandatory review if child(ren) are receiving IV-A case
assistance (does not
apply to CIC cases): Utah Code
26B-9-211 states:
“If a child support order has not been issued, adjusted, or
modified within the previous three years and the children who are the subject
of the order currently receive TANF funds, the office shall review the order,
and if appropriate, move the tribunal to adjust the amount of the order if
there is a difference of 10% or more between the payor’s ordered support amount
and the payor’s support amount required under the child support guidelines.”
NOTE: Generally, the payor
is the noncustodial parent. For
specified relative cases, the payor may be either or both parent(s).
2.
Upon request: 45 CFR 303.8(a) states:
“Definition. For purposes of this section, Parent includes any
custodial parent or noncustodial parent (or for purpose of requesting a review,
any other person or entity who may have standing to request an adjustment to
the child support order).”
NOTE: “any other person or entity” could be CSS or the custodial beneficiary named in the court order (e.g., legal guardian or IV-E foster care). For simplicity in policy, we will refer to “the parent or parents” unless a third-party would make a specific difference in the procedures to be followed.
ORS employees should not promote, solicit or recommend a review
and adjustment to the parent(s) on a case.
A parent who wishes the Office of Recovery Services/Child Support
Services (ORS/
A request for review and adjustment must be received in
writing. A written request for review
can be received through the mail, fax, or in person. An emailed request is not
considered a written request. However,
the requester may send an e-mail with an attachment containing a signed scanned
copy of the request. If the requestor
comes into the office or asks how to initiate a review and adjustment, have
him/her complete the Request for Review and Adjustment form. While this form is the preferred method for
requesting a review and adjustment, any request submitted in writing is valid
to start this process.
When a parent makes a request for a review of a judicial order, if
appropriate, s/he must include the Findings of Fact. If the Findings of Fact is not included with the
request, the request is not complete.
The agent will request the document in order to start the review.
If another state sends a request for a modification only, forward
the request to be imaged. The Central
Registry Unit (CRU) will receive the imaged transmittal to open a full service
case, if appropriate. Once the case is
opened, proceed with the review.
3.
Incarceration modifications when the NCP is
incarcerated for more than
180 days prospectively: 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.”
For more information about coding cases modification due to incarceration, refer to CS 450P-9 Procedures for Review and Adjustment – Noncustodial Parent is Incarcerated.
4.
Medical insurance provision
needed: 45 CFR 303.8(d) states:
“Health care needs must be adequate basis. The need to provide
for the child's health care needs in the order, through health insurance or
other means, must be an adequate basis under State law to initiate an
adjustment of an order, regardless of whether an adjustment in the amount of
child support is necessary.”
Also, 45 CFR 303.31:
“(b) The State IV-D agency must: . . . .
(4) Petition the court or administrative authority to modify support orders, in accordance with State child support guidelines, for cases identified in paragraph (b)(3) of this section to include health care coverage and/or cash medical support . . . .”
NOTE: For Utah orders issued or modified on or after May 3, 2023, a medical support provision is included in the order by operation of law, even if language constituting a medical support provision is absent from the order. For Utah child support orders issued or modified on or after May 3, 2023 that do not include a medical support provision, a modification of the order to include a medical support provision is NOT necessary.
Procedures
to Initiate a Review in ORSIS – Post Order Agent
When the imaged
written request for review is received or Utah is requesting a review on a IV-A case or on a modification due to incarceration, code
ORSIS appropriately to put the case in the pre-request phase. Verify that the request for review is for
review and adjustment of the current support order, not a review of the arrears
payment amount. If the request is for a
review and adjustment, proceed as outlined.
Once a request for review is received or the case has been
identified to qualify for a modification due to incarceration, the post order
agent will update ORSIS.
NOTE 1: Cases that have had the review process
terminated within the last 12 months at the request of one of the participants
are still subject to the 3-year review and incarceration review requirements.
NOTE 2: Orders for minors that are within one
year of emancipation, or the location of both parents are unknown, do not
qualify for review. Any extenuating circumstances that may alter this must be
approved by the CSS Director.
Review Initiated
– ORSIS Follow-up
After the
review reason has been entered on ORSIS, ORSIS completes the steps below.
1.
Assigns the
case to the appropriate modification agent.
2.
Sends the
appropriate letter depending on the requesting party.
3.
Sends the
appropriate letters depending on the requesting party.
Pre-request
Procedures – Modification Agent
When an
alert is received, complete the steps below.
1.
(Senior
Agent) Complete the paternity review for each child on the case. This applies to all cases, regardless of the
current case function.
2.
Check for
any judicial action that may be pending or has been completed and has not been
imaged. If an order does exist that has
not been imaged, obtain a copy of the order and image the document.
3.
Verify that all
the participants that were a party to the previous support order have been
added to the case.
4.
If there are
multiple orders, determine if a final determination of controlling order (DCO)
has been made. If a DCO has not been
made, complete one.
5.
Determine
Continuing, Exclusive Jurisdiction (CEJ).
If no state or country has CEJ, enter the state or country that will
register the order and assume CEJ. If
the order has to be registered in another state, determine the location of both
parents and send an interstate referral to the other state and request
registration of the order for a modification.
6.
Complete the
follow-up steps listed below depending on who has CEJ and who requested the
review.
a.
CEJ is another jurisdiction and a
parent is the requestor.
i.
Request the
other state or country to do a review and adjustment.
ii.
The CEJ Not
Utah, Requesting Modification Other State letter is automatically sent to the
requestor.
iii.
Generate the
General Testimony for the other state.
Send it to the party residing in Utah to complete.
iv.
Once you
receive the completed General Testimony, send the appropriate forms to the
other state. The other state will
complete the review and if appropriate the adjustment. They will notify you of the results.
b.
CEJ is another jurisdiction and
another state requested the review.
i.
Notify the
requesting other state that Utah does not have CEJ.
c.
CEJ is another jurisdiction and
Utah is the requestor.
i.
Send a
review and adjustment request to the appropriate state.
A.
Generate the
General Testimony. Send the General
Testimony to the party in Utah to complete and follow up in 20 days.
B.
Send the
appropriate forms to the other state.
The other state will complete the review and if appropriate the
adjustment. They will notify you of the results.
d.
Utah has CEJ.
Determine if the case qualifies for a review.
i.
Case does not qualify for review.
If the case
is not qualified for a review:
A.
Code ORSIS
appropriately.
B.
If a parent
requested the review, send the Review Request/Modification Denied letter to the
requesting parent.
C.
If another
state requested the review, notify the other state that the case does not
qualify for a review.
ii.
Case qualifies for Review. If the case is qualified for a
review based on the information received from the requesting parent, continue
to step 7 to start the review process.
NOTE: If only some
documentation is returned from the requesting parent and you need additional
information to determine if the case qualifies for a review, refer to CS 450P
for more information.
7.
After it has been determined that Utah has CEJ and the requesting parent
has returned the required documentation or Utah is the requestor, enter the
appropriate review code in ORSIS.
8.
ORSIS follow-up. When the review request code is added, ORSIS completes automatic
steps.
Genetic
Testing Requested
If genetic
testing and a modification are requested at the same time, and the case
qualifies for genetic testing to be conducted, do the genetic testing
first. If the father is not excluded,
proceed with the review and adjustment.
If genetic
testing is requested during the pre-request or the review, stop the review and
conduct the genetic testing.