Haw. Code R. § 5-31-24 - Modification of child support orders

(a) If there is an existing child support order, the administrative process to modify child support is initiated when a request is received from one of the parties. Information that is necessary to initiate order modification are:

(1) A written request specifying the reason for the modification;

(2) Income information from the requesting party if the requesting party is not receiving temporary assistance for needy families; and

(3) A serviceable address for both parties in the case.

(b) Once it is determined that it is appropriate to initiate an administrative process to modify a child support order, the following steps are taken:

(1) A notice is sent to both parties in the case indicating that the agency is reviewing the current child support obligation for possible modification and requesting income information;

(2) Automated inquiries for income information are made to state and federal agencies,-

(3) Ten calendar days after the date of notice, a proposed administrative order with modified child support is generated if the threshold under section 576E-14(c), Hawaii Revised Statutes, has been met. If the threshold under section 576E-14(c), Hawaii Revised Statutes, has not been met, a statement of no change is generated. The proposed administrative order or the statement of no change is served upon the parties by regular mail pursuant to section 576E-4, Hawaii Revised Statutes. The amount of child support is determined by using the child support guidelines as required by section 576D-7, Hawaii Revised Statutes; and

(4) Once a party has been served with the proposed administrative order or the statement of no change, the party has thirty calendar days to request an administrative hearing.

(c) The process as described in section 5-31-22(d)(5) through (10) is followed to complete the modification action.

Notes

Haw. Code R. § 5-31-24

[Eff and comp MAR 30 2014] (Auth: §§ 576D-2, 576D-6, 576E-2, 576E-5, 576E-6) (Imp: §§ 576D-2, 576D-6, 576E-2, 576E-5, 576E-6; 45 C.F.R. §§302.70, 303.8)