Sec. 351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS
513 words·~2 min read·
/statute-compilations/comps-1793/sec-351A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 351 SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to read as follows: > > #### “(10) Review and adjustment of support orders upon request > > > ##### “(A) 3-year cycle > > > ###### “(i) In general > > Procedures under which every 3 years (or such shorter cycle as the State may determine), upon the request of either parent, or, if there is an assignment under part A, upon the request of the State agency under the State plan or of either parent, the State shall with respect to a support order being enforced under this part, taking into account the best interests of the child involved— > > > ###### “(I) > > review and, if appropriate, adjust the order in accordance with the guidelines established pursuant to section 467(a) if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines; > > > ###### “(II) > > apply a cost-of-living adjustment to the order in accordance with a formula developed by the State; or > > > ###### “(III) > > use automated methods (including automated comparisons with wage or State income tax data) to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the appropriate adjustment to the orders eligible for adjustment under any threshold that may be established by the State. > > > ###### “(ii) Opportunity to request review of adjustment > > If the State elects to conduct the review under subclause
(II)or
(III)of clause (i), procedures which permit either party to contest the adjustment, within 30 days after the date of the notice of the adjustment, by making a request for review and, if appropriate, adjustment of the order in accordance with the child support guidelines established pursuant to section 467(a). > > > ###### “(iii) No proof of change in circumstances necessary in 3-year cycle review > > Procedures which provide that any adjustment under clause
(i)shall be made without a requirement for proof or showing of a change in circumstances. > > > ##### “(B) Proof of substantial change in circumstances necessary in request for review outside 3-year cycle > > Procedures under which, in the case of a request for a review, and if appropriate, an adjustment outside the 3-year cycle (or such shorter cycle as the State may determine) under clause (i), the State shall review and, if the requesting party demonstrates a substantial change in circumstances, adjust the order in accordance with the guidelines established pursuant to section 467(a). > > > ##### “(C) Notice of right to review > > Procedures which require the State to provide notice not less than once every 3 years to the parents subject to the order informing the parents of their right to request the State to review and, if appropriate, adjust the order pursuant to this paragraph. The notice may be included in the order.” > .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 351
SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS
Cites 1Cited by 0 across 0 sources