REVIEW
CS 450P-3
Procedures for Less Than 3 Year Review
10/90
Revised 09/09/24 Training Completed 09/26/24 Last Reviewed 07/10/25
Utah Code 26B-9-207, 220
and 221,
81-6-202,
212;
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 81-6-212 states:
“(3) (a) A parent, legal guardian,
or the office may, at any time, petition the court to adjust the amount of a
child support order if there has been a substantial change in circumstances.
(b) A change in the child support
tables is not a substantial change in circumstances for the purposes of this
Subsection (3)(a).
(c) For purposes of this
Subsection (3)(a), a substantial change in circumstances may include:
(i)
material changes in custody;
(ii) material changes in the
relative wealth or assets of the parties;
(iii) material changes of 30% or
more in the income of a parent;
(iv) material changes in the
employment potential and ability of a parent to earn;
(v) material changes in the
medical needs of the child; or
(vi) material changes in the legal
responsibilities of either parent for the support of others.
Additionally, Utah Code 26B-9-221 states:
“(1) (a) A parent or legal
guardian involved in a case receiving IV-D services or the office, if there has
been an assignment under Section 35A-3-108, may at any time request the office
to review a child support order if there has been a substantial change in
circumstances.
(b) For purposes of Subsection
(1)(a), a substantial change in circumstances may include:
(i)
material changes in custody;
(ii) material changes in the
relative wealth or assets of the parties;
(iii) material changes of 30% or
more in the income of a parent;
(iv) material changes in the
ability of a parent to earn;
(v) material changes in the
medical needs of the child; and
(vi) material changes in the legal
responsibilities of either parent for the support of others.
(2)(a) Upon receiving a request
under Subsection (1), the office shall review the order, taking
into account the best interests of the child involved, to determine
whether the substantial change in circumstance has occurred, and if so, whether
the change resulted in a difference of 15% or more between the amount of child
support 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 support order issued or modified by the office, adjust the amount
in accordance with the child support guidelines; or
(ii) with respect to a support
order issued or modified by a court, file a petition with the court to adjust
the amount in accordance with the child support guidelines.
(3) The office may use automated
methods to collect information for a review conducted under Subsection (2).
(4) (a) A parent or legal guardian
who requests a review under Subsection (1) 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 initiates and
conducts a review under Subsection (1), the office shall provide notice of the
request to any parent or legal guardian within five days and in accordance with
Section 26B-9-207.
(5) Within 30 days of notice being
sent under Subsection (4), a parent or legal guardian may file a response to a
request for review with the office.”
If it has been less than 3
years since the support order was issued or modified, the requesting party
must provide information supporting the allegation that there has been a
substantial change in circumstances for the order to be modified. The change in
circumstances cannot be temporary in nature (see below). In addition, the amount of the payor’s obligation must change by
15% in order to qualify for a potential modification. If the requesting party is unable to provide
the specific verification to support a substantial change in circumstances and
it is easily available to you, you may gather the specific documentation and
proceed with the review.
NOTE 1: A parent generally
cannot obtain documentation to support a change in income for the other
parent. If the requesting parent states
that the other parent has had a material change in income and can provide an
explanation why he/she believes that, the Office of Recovery Services (ORS) can
assist with obtaining the documentation that may or may not demonstrate a
change in wages.
NOTE 2: Generally, the payor in the above instances
is the noncustodial parent (NCP). For
specified relative or CIC cases, the payor may be either or both parent(s).
NOTE 3: Cases that have had the
review process terminated within the last 12 months at the request one of the
participants do not qualify for a review for adjustment.
Temporary Change in Circumstances
In order to qualify for a modification, the change in
circumstances cannot be temporary in nature.
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 change in circumstances that may be an
exemption to this rule will require an AGO consultation.
EXAMPLE 1: The father on the case requested a
review. He has been on disability leave
from his job for one month because he is unable to work due to injuries he
received in a car accident. He is
presently undergoing physical therapy and when released by his doctor expects
to return to the same company making the same amount of pay. The father has provided a note from his
doctor stating he will be released to return to work in two (2) months. The conclusion is that the change in
circumstances is temporary in nature. ORS/CSS will not initiate an action to
modify the order. The father may pursue
a modification on his own initiative through private counsel if he wishes.
EXAMPLE 2: The mother on the case
requested a review. She asked for the review because she believes the father is
making significantly more money now than when they divorced two years ago. She is
unable to get the income information from the employer, but you are able to
easily verify through DWS screens that there has been a significant change in
the father’s income. You may proceed
with the review.
NOTE: In the above example the requesting parent (mother) has the
ultimate responsibility to provide evidence that a “substantial change in
circumstances” has occurred. However, since the custodial parent (CP) is unable
to obtain the information and it is easily available to you, you may obtain the
specific documentation and proceed with the review if appropriate. If
you are unable to easily obtain specific documentation to support the
allegation (refer to CS 403P Income Overview and CS 403P-1 Determining
Income for Guideline Worksheets), the requesting parent is responsible to
provide sufficient information for you to gather the evidence to support the
allegation before the review can proceed.
If the requesting parent then fails to provide evidence or information
to support the alleged substantial change in circumstances, the review will
conclude that there is insufficient evidence to initiate a modification action.
EXAMPLE 3: The father on the case requested a
review. He was laid off two (2) months
ago from a position where he was earning $20.00 per hour. He provides a pay stub showing that he is now
earning $10.00 per hour. You have
concluded that the change in actual income is long-term and you proceed with
the review process.
Utah Code 81-6-212(4) states:
“(c)
adjust the obligor’s ordered support amount to that which is provided for in
the child support guidelines if:
(i) there is a difference of 15% or more; and
(ii)
the difference is not of a temporary nature.”
If
you decide that the evidence clearly indicates that the change in circumstances
is temporary, send the “Review Request Denied” letter to the parties to inform
them that an action to modify the order will not be pursued because the
evidence is not persuasive that a substantial change in circumstances has
occurred. The requesting parent may hire
private counsel to pursue the action.
Substantial Change of Circumstances Criteria
Utah law above describes six conditions that potentially may be
considered in determining whether a substantial change of circumstances has
occurred. Only five of the six statutory conditions can be used by the Office of
Recovery Services (ORS/
In judicial
orders, previous court rulings, findings, and stipulated facts must be
considered in conjunction with the present facts and law. In a less than three year review, there must be a change in circumstances
from the time of the controlling order for ORS/
The other condition may serve as the basis for a private action by
the parties to modify the order, but not normally as a basis for
The five criteria that
1.
Material
changes in custody. The only situation
currently addressed by this category is a specified relative case.
a.
IV-A case – If the specified relative is receiving IV-A cash
assistance for the child(ren), continue with the review process.
b.
Non-IV-A case, legal custody granted – If legal custody has been
granted by the district or juvenile court, continue with the review process.
c.
Non-IV-A case, no legal custody – If legal custody has not been
granted, inform the specified relative that
d.
IV-E and Non-IV-E case – If legal custody of the child is granted
to the state by the Juvenile Court and a written request is received from the
parent(s), continue with the review process.
Refer to CS 356P-5 Specified Relative Cases, Review and Adjustment for more information regarding specified relative cases.
Refer to CS 120P CSS/CIC Case Coordination, Overview for additional information if a review has been started and the Juvenile Court is involved.
2.
Material
changes of 30% or more in the income of a parent. The change in income cannot be “temporary”
in nature. Refer to the “Temporary Change in Circumstances” section above.
EXAMPLE 1: A parent is receiving
35% more in income because of a promotion.
A parent is receiving 33% less in income due to a permanent or long term disability.
If after analyzing the parents’
actual earnings and the amounts do not meet the 30% criteria, conclude the
review and deny the modification based on no substantial change in
circumstances. You must document your
evidence and reason for determining income on the Income Worksheet and in the
case narratives. Refer to subsection No
Substantial Change in Circumstances below.
3.
Material
changes in the ability of a parent to earn. The change in ability to earn cannot be
“temporary” in nature (refer to the “Temporary Change in Circumstances” section
above). For example, the parent had an
injury that does not allow them to return to the same position at the same pay.
4.
Material
changes in the medical needs of the child. For purposes of the IV-D child support
services program, “material changes in the medical needs of a child” refers to
a change in circumstances which creates a need to modify the health insurance
coverage provision in the order.
5.
Material
changes in the legal responsibilities of either parent for the support of
others.
Currently, this category is used only when all
of the following conditions exist:
a.
There is a deviated order;
b.
A child has emancipated;
c.
A parent, or the state in IV-A cases, requests
a review; and,
d.
There is not a 30% change in a parent’s
income.
EXAMPLE: The parties are no longer responsible for the support of the child, but due to the deviated order, the normal adjustment for an emancipated child cannot be calculated and applied. One of the parent’s requests a standard (non-deviated) review and modification to accomplish the adjustment. Refer to CS 417P Emancipation for more information.
No Substantial Change in Circumstances
If a substantial change of circumstances has NOT occurred for
purposes of the child support services case, send the “Review and Adjust:
Review Complete, No Adjustment” letter to the requesting party. The party may still petition the court.
If a party requests a second (or third, etc.) review based on the
same set of circumstances as the first review you conducted under the less than
3 year provision, deny the second (or third, etc.)
request to review the order. Send the
requesting party the “Review and Adjust: Review Request/Modification Denied” letter. However, if the party provides information
that was not included in the previous request, conduct a review.
If it appears a substantial change in circumstances has occurred, the payor’s ordered support amount must
change by at least 15% for a modification
of the support amount to take place.
Calculate what the new award amount will be and if it will
increase/decrease by at least 15% for
the payor, proceed to initiate an action to modify the order.
Procedures for Less Than 3 Year Request for Review
When you receive the alert, you have 160 days remaining to
complete the review and adjustment, if necessary. 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 “Cover Letter: Affidavit of Decreased Income”, which includes the “Affidavit of Decreased Income”, to the parent(s) whose income(s) may have decreased to obtain more detailed information.
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 in
accordance with CS 403P and CS 403P-1.
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 and more information, refer to CS 450P General
Information, Forms, Criteria, and Federal Timeframes.
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.
4.
Determine if there has been a substantial change in
circumstances. In judicial orders,
previous court rulings, findings, and stipulated facts must be considered in
conjunction with the present facts and law.
In a less than three year review, there must be
a change in circumstances from the time of the controlling order for
a.
Substantial change – Continue with step 5.
b.
No substantial change – Go to step 6.
5.
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 15% and cannot be temporary in nature. Document your calculations on the Review and
Adjustment Worksheet. For the definition
and examples of a temporary change in circumstance, refer to the “Temporary
Change in Circumstances” section above.
To determine if there is at least a 15% difference between the existing
support award and the new base support award indicated on the Worksheet,
calculate the difference between the new base support and the existing award
amounts and then divide the difference by the amount of the existing
award. Calculate the difference for each
parent, if appropriate. If there is at
least a 15% change in the payor’s obligation,
continue the review and adjustment process.
EXAMPLE 1: If the existing
award is $150.00 and the new award is $200.00, subtract $150.00 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 15%, 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 15%, a downward adjustment to the existing
award is indicated.
6.
Update ORSIS accordingly.
7. Take the next appropriate steps to adjust the order 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.
c. CIC administrative order: Refer to CS 450P-6 Procedures to Adjust CIC Administrative Order.