Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
When the local child support agency becomes aware, during communication with a
party to a child support order with a current support obligation, that a change
in circumstance pursuant to Section
115520 appears to exist, the local
child support agency shall ask if the party wants the local child support
agency to review the case and, if appropriate pursuant to Section
115535, seek an adjustment. The
local child support agency shall:
(1)
Immediately make a verbal inquiry if the local child support agency becomes
aware of an apparent change in circumstance during verbal communication with a
party.
(2) Make a verbal or written
inquiry within 15 business days of becoming aware of an apparent change in
circumstance by written communication from a party.
(b) Within 180 days from the date of a
request for review for adjustment; or the date a non-requesting party has been
located, whichever is later, the local child support agency shall conduct a
review of the order and obtain an adjusted order or determine that the order
should not be adjusted. The date of receipt of the request is the date the
requesting party provides current and complete income and expense Judicial
Council forms and requested documents to the local child support
agency.
(c) A local child support
agency may, but is not required, to review a case for adjustment if the case
has been reviewed for adjustment within the last six months and nothing has
changed. If the local child support agency exercises its discretion not to
review a case based upon this subsection, the local child support agency shall
terminate the review and adjustment process in accordance with Section
115545(c).
(d) Intergovernmental cases shall be handled
pursuant to Title 22 California Code of Regulations, Section
117300.
(e) Within 15 business days of receiving an
oral or written request for review for adjustment, the local child support
agency shall:
(1) Determine whether one of
the following appears to exist:
(A) A change
in circumstance pursuant to Section
115520 is reasonably expected to
last for more than three months.
(B) The parties stipulated to a child support
order below the amount established by the statewide uniform guideline. No
change of circumstance need be demonstrated to obtain an adjustment of the
child support order to the applicable guideline level or above.
(C) A request is based upon the need to
include a provision for medical support in the child support order.
(2) Terminate the review and
adjustment process in accordance with Section
115545(c) if none
of the three situations set forth in Section
115510(e)(1)
appears to exist.
(3) Proceed
pursuant to 22 California Code of Regulations, Section
116114 if a request is based upon
the need to include a provision for medical support in the child support
order.
(4) Take the following
actions if a change in circumstance appears to exist pursuant to Section
115520 and is reasonably expected
to last for more than three months, or the parties stipulated to a child
support order below the amount established by statewide uniform guideline:
(A) Determine whether the non-requesting
party's location is known.
(B)
Determine whether a requesting party, who is a non-custodial parent, has
multiple cases within the county. If so, the local child support agency shall
proceed pursuant to Section
115510(e)(6)(E).
(5) Follow the procedure set forth
in Section
115550 if the location of a
non-requesting party is unknown.
(6) Provide to all parties, on the same date,
by mail or personal delivery, the appropriate income and expense Judicial
Council forms and/or a written notice as follows if the non-requesting party's
location is known:
(A) A requesting party,
who is a parent, shall be provided with the appropriate income and expense
Judicial Council forms and a written notice. The written notice shall include
the following information:
(i) The requesting
party's current and complete income and expense Judicial Council forms, and
requested documents are required to process the request for review for
adjustment.
(ii) No action will be
taken by the local child support agency until the requesting party provides
current and complete income and expense Judicial Council forms and requested
documents to the local child support agency.
(iii) The requesting party's failure to
submit current and complete income and expense Judicial Council forms and
requested documents to the local child support agency within 20 business days
from the date of the notice will result in the local child support agency
terminating the review and adjustment process.
(iv) The date of receipt of the request for
review for adjustment is the date the requesting party provides current and
complete income and expense Judicial Council forms and requested documents to
the local child support agency.
(B) A requesting party, who is not a parent,
shall be provided with a written notice. The written notice shall include the
following information:
(i) An acknowledgment
of receipt of the request for review for adjustment.
(ii) The local child support agency's request
that the requesting party provide information, which may affect a child support
determination, within 20 business days of the date of the notice.
(C) A non-requesting party, who is
a parent, shall be provided with the appropriate income and expense Judicial
Council forms and a written notice. The written notice shall include all of the
following information:
(i) A request for a
review for adjustment has been made by another party.
(ii) The local child support agency requests
that the non-requesting party provide his or her current and complete income
and expense Judicial Council forms and requested documents.
(iii) The non-requesting party's failure to
submit current and complete income and expense Judicial Council forms and
requested documents to the local child support agency within 20 business days
from the date of the notice will result in the local child support agency
proceeding with the review for adjustment based upon the information provided
by the other party and/or other verified information obtained by the local
child support agency.
(D) A non-requesting party, who is not a
parent, shall be provided with a written notice. The written notice shall
include the following information:
(i) A
request for a review for adjustment has been made by another party.
(ii) The local child support agency's request
that the non-requesting party provide information, which may affect a child
support determination, within 20 business days of the date of the
notice.
(E) When a
requesting party is a non-custodial parent who has multiple cases with the
local child support agency, the local child support agency shall:
(i) Provide the forms and notice as discussed
in Section
115510(e)(6)(A)
to the requesting party and add a provision to the notice which states that a
request for review for adjustment will be construed as a request for review of
all of the party's cases within the county.
(ii) Process each of the custodial parties'
cases collectively, if possible. If the location of a non-requesting party is
unknown, the local child support agency shall follow the procedure set forth in
Section 115550 for that particular
non-requesting party. If the location of a non-requesting party is known, the
local child support agency shall continue to process the request for review for
adjustment by providing the forms and/or written notices to the non-requesting
party as set forth in Section
115510(e)(6)(C) and
(D).
(f) Within 15 business days of
receipt of the requesting party's income and expense Judicial Council forms and
requested documents, the local child support agency shall review the requesting
party's income and expense Judicial Council forms and requested documents for
completeness and, if incomplete, notify the requesting party, verbally or in
writing, of the following:
(1) The requesting
party's complete income and expense Judicial Council forms and requested
documents are required before commencement of the review for
adjustment.
(2) The specific
deficiencies of the income and expense forms and/or failure to submit the forms
or requested documents.
(3) Failure
to correct the deficiencies within 35 business days of the date of the initial
notice set forth in Section
115510(e)(6)(A)
will result in the local child support agency terminating the review and
adjustment process.
(g)
Any alteration(s) to the requesting party's income and expense Judicial Council
forms require the requesting party's signature prior to a hearing.
(h) If the requesting party fails to correct
the deficiencies within 35 business days of the date of the initial notice set
forth in Section
115510(e)(6)(A),
the local child support agency shall terminate the review and adjustment
process pursuant to Section
115545(c).
(i) If the requesting party completes and
submits income and expense Judicial Council forms and requested documents, the
local child support agency shall review for adjustment as set forth in Section
115535 using the following, if
applicable:
(1) The non-requesting party's
complete and current income and expense Judicial Council forms and requested
documents if the non-requesting party submitted such forms and requested
documents within 20 business days of the date of the written notices as set
forth in Section
115510(e)(6).
(2) The presumption as discussed in Section
115540 if the non-requesting party
failed to submit current income and expense Judicial Council forms and
requested documents within 20 business days of the date of the written notices
as set forth in Section
115510(e)(6) and
the presumption criteria is met.
(3) The court findings pursuant to Family
Code Section 4058(b).
(4) The
non-requesting party's current income and expense information contained within
the case file and/or information obtained through automated locate tools and
the Federal Case Registry.
Note: Authority cited: Sections 17306, 17310 and 17312,
Family Code. Reference: Sections 3680.5, 4065 and 17304, Family Code;
42 U.S.C.
666; and
45 CFR
302.70 and
303.8.
Note: Authority cited: Sections 17306, 17310 and 17312,
Family Code. Reference: Sections 3680.5, 4065 and 17304, Family Code;
22 CCR
117403;
42 U.S.C.
666(a)(10); and
45 CFR
302.70(a)(10) and
303.8.
