Director's duty to modify a child support order
The state child support office can look at existing child support orders and change the payment amount if it no longer matches the state's guidelines. The office can use computer tools to compare wages and tax records to find orders that need updating. If an order gets changed automatically, either parent has 30 days to ask for a full review. Outside of the normal 3-year review cycle, a parent asking for a change must show that something big has changed in their situation.
454.498. 's duty to a — used for eligibility for . — 1. section 452.370 and sections 454.496 and 454.500, or any other section requiring a showing of to the contrary, and as provided for in (13) of 2 of section 454.400 and taking into account the , the director shall:
(1) Modify, if , a being enforced under of the Social Act in accordance with the and criteria set forth in if the amount in the current differs from the amount that would be awarded in accordance with such guidelines; or
(2) Use automated methods (including automated comparisons with wage or state income tax data) to identify orders eligible for , conduct the review, identify orders eligible for adjustment and apply the adjustment to the orders eligible for adjustment under any that may be established by the state.
2. If the conducts a review subdivision (2) of subsection 1 of this section, either to the order may the adjustment within thirty days after the date of the notice of adjustment by requesting, if appropriate, a review and modification in accordance with the guidelines and criteria set forth in supreme court rule 88.01. If the review is timely requested, the division shall review and modify the order, if appropriate, in accordance with supreme court rule 88.01. The division may conduct a review pursuant to subdivision (2) of subsection 1 of this section only if the division is unable to conduct a review pursuant to subdivision (1) of subsection 1 of this section.
3. The division may review and adjust a support order upon request outside the three-year cycle only upon a demonstration by the requesting party of a which shall be determined by the division. If the division that an adjustment shall not be made, the division shall, within fourteen days, mail notice of such to the parents or other child support agency, if any.
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Source & history notes
(L. 1997 S.B. 361) Effective 7-01-97
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