Haw. Code R. § 5-31-43 - Termination

(a) Child support shall automatically be terminated if the conditions for termination set forth in the child support order are met. Such conditions include, but are not limited to, the adoption, marriage, legal emancipation, enlistment in the military, and death of the child. Child support shall also terminate if the child reaches eighteen years of age and there is no provision in the child support order for continuing child support.

(b) The agency may initiate action to terminate child support when the conditions for termination are not set forth in the child support order and the agency determines that termination is appropriate. Such conditions include, but are not limited to, the court ordered change of custody of the child to the obligor, the parties residing together with the child as an intact family, and the conditions described in subsection (a). A proposed administrative order terminating child support is generated and served upon the parties by regular mail pursuant to section 576E-4, Hawaii Revised Statutes. The process as described in section 5-31-22(d)(4) through (11) is followed to complete the termination action.

(c) In cases where the child support order provides for child support past the age of eighteen due to continuing education and services are being provided under title IV-D, the agency shall seek verification of the child's continued educational status. If the child is in high school or is enrolled or plans to enroll full-time in a post-secondary educational or vocational institution, then child support shall continue un-interrupted upon receipt of such verification. The agency shall initially request verification of continued educational status three months prior to the child's eighteenth birthday and semiannually thereafter. The request for verification shall include the name and date of birth of the child for whom the verification is being sought and time frame when the verification must be returned to the agency before the agency's collection of child support is terminated. Verification of continuing school shall consist of:

(1) Registration confirmation from the high school;

(2) Prior to the beginning of the school year, an acceptance letter on school letterhead and the child's written statement indicating his or her intent to enroll on a full-time basis;

(3) The registration confirmation from the school of full-time enrollment or, if the full-time status is not indicated on the registration, a minimum of twelve credit hours per semester or its equivalent be reflected on the registration and indicating the school and student names;

(4) The receipt of tuition payment reflecting full-time enrollment and indicating the school and student names; or

(5) The school registrar's letter indicating full-time enrollment status.

If the agency does not receive verification within the timeframe stated in the request for verification, the agency's collection of child support shall be terminated. Once the agency's collection of child support has been terminated, future child support shall only be reinstated commencing the first of the month following the date proof of the child's full-time enrollment is received by the agency. Reinstatement of the agency's collection of child support shall only occur if the adult child has continuously attended post-high school education on a full-time basis.

(d) In cases where the child support order provides for child support past the age of eighteen due to continuing education and services are not being provided under title IV-D, the agency shall seek verification of the child's continued educational status three months prior to the child's nineteenth birthday. If the agency does not receive verification within the timeframe stated in the request for verification, the agency's collection of child support shall be terminated.

(e) In cases where the child support order provides for child support past the age of eighteen, the agency's collection of child support shall be terminated upon the child reaching twenty-three years of age unless the child support order provides for continuing child support past the age of twenty-three.

(f) The agency may terminate the income withholding as necessary.

Notes

Haw. Code R. § 5-31-43

[Eff and comp MAR 30 2014] (Auth: HRS §§ 576D-2, 576E-14) (Imp: HRS §§ 576D-2, 576E-14; 45 C.F.R. §303.11)