California Code of Regulations
Title 22 - Social Security
Division 13 - Department of Child Support Services
Chapter 5 - Review and Adjustment of Child Support Orders
Section 115530 - Changes in Circumstances - Automatic Review by Local Child Support Agency
Universal Citation: 22 CA Code of Regs 115530
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any of the following changes in circumstances or combination of changes in circumstances shall be considered a basis for an automatic review for adjustment. Changes in circumstances shall be limited to:
(1) The
obligor or obligee is incarcerated in a county jail, state or federal prison,
or court-ordered rehabilitation facility and there is no evidence of support
potential. If the obligor is incarcerated, the local child support agency shall
seek to adjust the current order to zero, and refer to the case closure
regulations at 22 California Code of Regulations, Section
118203(a)(5)(B)
to determine if case closure is appropriate.
(2) The obligor's sole income is Supplemental
Security Income/State Supplementary Payment, CalWORKs, or any other public
assistance program for which eligibility is determined on the basis of need,
and that income was used in determining the amount of the support order. If the
obligor's sole income is Supplemental Security Income/State Supplementary
Payment, the local child support agency shall seek to adjust the current order
to zero, and refer to the case closure regulations at 22 California Code of
Regulations, Section
118203(a)(5)(D)
to determine if case closure is appropriate. Pursuant to Section
17400.5,
Family Code, the local child support agency shall file a motion to modify the
order within 30 days of verification of receipt of the Supplemental Security
Income/State Supplementary Payment.
(3) The obligor stops receiving Supplemental
Security Income/State Supplementary Payment, CalWORKs, or any other public
assistance program for which eligibility is determined on the basis of
need.
(4) The obligor has a
medically verified total and permanent disability with no evidence of support
potential. The local child support agency shall seek to adjust the current
order to zero and refer to the case closure regulations at 22 California Code
of Regulations, Section
118203(a)(5)(C)
to determine if case closure is appropriate.
(5) The obligor is institutionalized in a
psychiatric facility and has no evidence of support potential. The local child
support agency shall seek to adjust the current order to zero and refer to the
case closure regulations at 22 California Code of Regulations, Section
118203(a)(5)(A)
to determine if case closure is appropriate.
(6) The child support order was based on
presumed income, and the actual income or income history of the obligor becomes
known.
(7) The obligor or obligee's
health insurance premium was not included in the guideline (Family Code Section
4055) calculation when the child support was established or last
adjusted.
(8) The obligor or
obligee is a reservist in the military and is called to active
duty.
1. New section filed 9-13-2004; operative 10-13-2004 (Register 2004, No. 38).
Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 3680.5, 17304, 17400.5, 17432 and 17516, Family Code; 42 U.S.C. 666(a)(10); and 45 CFR 302.70(a)(10) and 303.8.
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