Ala. Admin. Code r. 660-3-19-.02 - Requirements For Review And Adjustment

(1) The review may be requested by either parent, the person or agency granted custody of the child(ren), or the child support agency of another state.

(2) The Title IV-D child support agency must review the child support order every three years upon the request of either parent in non-IV-A cases or in all IV-A Family Assistance cases, and in cases where the Title IV-D Agency learns that a noncustodial parent will be incarcerated for more than 180 calendar days, and if appropriate adjust the order in accordance with the State guidelines.

(3) A review is appropriate when:

(a) The order was entered, last reviewed, or modified at least three years ago, unless the child support agency determines that special circumstances warrant an earlier review.

(b) An active IV-D child support case exists or the requestor completes or returns an application for IV-D service.

(c) IV-A Family Assistance has not determined that good cause for non-cooperation exists on a Family Assistance case chosen for review.

(d) A court order does not contain a medical support provision.

(e) The Title IV-D Agency learns that a noncustodial parent will be incarcerated for more than 180 calendar days.

(4) No proof of change in circumstances is required in the three-year cycle of review. The IV-D child support agency may review a case earlier than three years if a substantial change in circumstances occurs.

(5) The IV-D child support agency must provide notice not less than once every three years to the parents subject to the order informing the parents of their right to request the agency to review and, if appropriate, adjust the order consistent with the State guidelines. The notice must specify the place and manner in which the request should be made.

(6) Within 180 calendar days of receiving a request for a review or locating the non-requesting parent, whichever occurs later, a review of the order must be conducted and either the order must be adjusted or a determination must be made that the order should not be adjusted.

(7) After applying the guidelines to determine the presumed child support amount an adjustment of the child support order must be pursued:

(a) If the review indicates that there is at least a 10% difference between the existing support amount and the presumed support amount, unless the difference is because the existing support amount resulted from a rebuttal of the circumstances causing the rebuttal still exist.

(b) If healthcare coverage is available at reasonable cost.

Notes

Ala. Admin. Code r. 660-3-19-.02

New Rule: Filed December 16, 2009; effective January 20, 2010. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 5/21/2018.

Author: Clifford Smith

Statutory Authority: 42 U.S.C 666(a)10 ; 45 C.F.R. 303.8; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT DIVISION.