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 115540 - Presumption
Universal Citation: 22 CA Code of Regs 115540
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The local child support agency shall presume the amount of the support is altered, upward or downward, by at least 20% or $50, whichever is less, if all of the following are met:
(1) A party fails to return the
requested income and expense Judicial Council forms and requested documents
within 20 business days from the date of the written notice as set forth in
Section 115510(f)(6), or
Section 115525.
(2) The local child support agency provided
the written notice either by personal delivery to the party, or by mail to the
party's "last known address", and the information was not returned to the local
child support agency as undeliverable.
(3) The local child support agency has no
current income and expense information for the party in the case
file.
(4) The local child support
agency is unable to obtain information on the party through automated locate
tools and the Federal Case Registry.
(5) The income and expense Judicial Council
forms and requested documents, provided by either the requesting party as set
forth in Section
115510(f)(6), or
a party as set forth in Section
115525, or a verified change in
circumstance as set forth in Section
115530 suggests a change in the
amount of the child support order, upward or downward, by at least 20% or $50,
whichever is less.
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: Section 17304, Family Code; 42 U.S.C. 666(a)(10); and 45 CFR 302.70(a)(10) and 303.8.
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