REVIEW AND ADJUSTMENT of a SUPPORT order

CS 450P-2 Procedures for 3 Year Review

10/90 Revised 09/09/24 Training Completed 09/23/24 Last Reviewed 07/06/26

45 CFR 303.8; Utah Code 26B-9-207, 211, 220, 221, and 224, 81-6-101, 102, 202, 204, 205, 206, 207, 212, 81-7-102; R527-231

 

 

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

 

Utah Code 26B-9-220 states:

“(1) If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if:

(a) requested by a parent or legal guardian involved in a case receiving IV-D services; or

(b) there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.

(2)(a) If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines.

(b) If there is such a difference and the difference is not of a temporary nature, the office shall:

(i) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the child support guidelines; or

(ii) with respect to a child support order issued or modified by a court, file the appropriate pleading with the court to adjust the amount to that which is provided for in the child support guidelines.

(3) The office may use automated methods to:

(a) collect information and conduct reviews under Subsection (2); and

(b) identify child support orders in which there is a difference of 10% or more between the amount of child support ordered and the amount that would be required under the child support guidelines for review under Subsection (1)(b).

(4)(a) A parent or legal guardian who requests a review under Subsection (1)(a) shall provide notice of the request to the other parent within five days and in accordance with Section 26B-9-207.

(b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall provide notice to the parties of:

(i) a proposed adjustment under Subsection (2)(b)(i); or

(ii) a proposed pleading to be filed in court under Subsection (2)(b)(ii).

(5)(a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal guardian may respond to a request for review filed with the office.

(b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and providing documentation that refutes the adjustment or petition.

(6) A showing of a substantial change in circumstances is not necessary for an adjustment under this section.”

 

If it has been 3 years or more since the order was issued or modified, and a written request for review is received or the case is identified on the “3 YR Review” QMF report as qualifying for the mandatory review, the payor’s ordered amount only needs to change by 10% to qualify for a potential modification. To determine when the 3 year time period begins, use the date the order is signed. A substantial change in circumstances is NOT required. For procedures on how to conduct a 3-year review, refer to subsection Procedures for 3 Year Review – Substantial Change in Circumstances Not Required below.

 

In judicial orders, previous court rulings, findings, and stipulated facts must be considered in conjunction with the present facts and law. If it has been more than three years since the last review and the facts have not changed, consult with the assigned Assistant Attorney General (AAG) before notifying the parties of the results of the review and before making the referral to the Attorney General’s Office (AGO).

 

 

Procedures for 3 Year Review – Substantial Change in Circumstances Not Required

 

When you receive the alert, you have 160 days remaining to complete the review and adjustment. Follow the steps below to complete the review.

 

1.                   If you are aware that a parent’s income has decreased, or if either parent alleges that either parent’s income has decreased, send the “Affidavit of Decreased Income” and “Cover Letter to Affidavit of Deceased Income” to the parent(s) whose income(s) may have decreased to obtain more detailed information.

 

NOTE: It is not necessary to obtain the affidavit if you have verified that the decrease in income is due to a determination made by the Social Security Administration or Office of Vocational Rehabilitation.

 

2.                   If the non-requesting parent (when applicable) has failed to return the required documents when the alert is received, attempt to obtain the best available information regarding the non-requesting parent’s income. If the requesting party fails to return the Affidavit of Decreased Income (if required), consider this a passive request to terminate the review. For procedures, refer to CS 450P General Information, Forms, Criteria, and Federal Timeframes.

 

NOTE: If “UTAH” is the requestor, and one or both parents have failed to return the required documents, attempt to obtain the best available information regarding the parents’ income in accordance with CS 403P-1 and continue with the review.

 

3.                   Complete the “Income Worksheet” and the appropriate Child Support Worksheet(s). Attach a “Worksheet Income Verification Affidavit” to the Worksheet indicating the reason and the method for determining the income for both parents. For instructions regarding the worksheets, refer to the Utah courts’ website at www.utcourts.gov/support.

In judicial orders, previous court rulings, findings, and stipulated facts must be considered in conjunction with the present facts and law. If it has been more than three years since the last review and the facts have not changed, consult with the assigned AAG before notifying the parties of the results of the review and before making the referral to the AGO.


EXAMPLE OF FACTS TO CONSIDER:
The father on a case is disabled and unemployed, however, he stipulates to an income. Five years later, he requests a review because he is still disabled and unemployed. Consult with the assigned AAG before determining what income to use. All available information regarding the circumstances must be considered when determining what income to use for the father. Income used would be based on these facts and other facts related to this specific case.

 

4.                   Calculate the difference between the existing award and the new amount for both parents. In order to pursue a modification, the child support amount for the payor must change, lower or higher, at least 10% and cannot be temporary in nature. Document your calculations on the “Review and Adjustment Worksheet.”

In regards to a temporary change in circumstances, pursuant to R527-231-2, “(2) ORS will not review the ordered child support amount if the substantial change in circumstance is projected to be temporary, as defined in Section 81-6-101.” Any temporary change in circumstances that may be an exemption to this will require an assigned AAG consultation.

 

EXAMPLE 1: If the existing award is $150.00 and the new award is $200.00, subtract $150.00 from $200.00 to obtain $50.00. Divide $50.00 by $150.00 to obtain 33%. Since the difference between the existing award and the new award is greater than 10%, an upward adjustment to the existing award is indicated.

EXAMPLE 2: If the existing award is $200.00 and the new award is $150.00, subtract $200.00 from $150.00 to obtain -$50.00. Divide $50.00 by $200.00 to obtain 25%. Since the difference between the existing award and new award is at least 10%, a downward adjustment to the existing award is indicated.

 

5.                   Update ORSIS appropriately.

 

6.                   Take the next appropriate steps based on the type of order being modified:

a.                   Judicial order: Refer to CS 450P-4 Procedures to Adjust Judicial Order;

b.                   CSS administrative order: Refer to CS 450P-5 Procedures to Adjust CSS Administrative Order; or,

c.                   CIC administrative order: Refer to CS 450P-6 Procedures to Adjust CIC Administrative Order.