Idaho Admin. Code r. 16.03.03.300 - REVIEW AND MODIFICATION OF SUPPORT ORDERS
Current through August 30, 2021
01.
Notice. Each parent subject to a child support order in effect in
the State that is being enforced by Child Support Services must be notified of
the right of the parent to request a review of the order by Child Support
Services every thirty-six (36) months. Reviews are not to be done more frequently
unless there has been a substantial and material change in circumstances.
(7-1-21)T
02.
Review. A
support order will be reviewed for possible modification: (7-1-21)T
a. If requested by either parent;
(7-1-21)T
b. If requested by any
state, tribal, or foreign child support services agency; or (7-1-21)T
c. Automatically, at least every thirty-six
(36) months, in any case where the custodial parent or other custodian of the
child or children is receiving benefits under Title IV-A of the Social Security
Act, either in Idaho or elsewhere. (7-1-21)T
03.
After the Review. Each parent
will be notified of the proposed adjustment or of the determination that there
should be no change in the amount of child support. (7-1-21)T
04.
Adjustment. A modification of
a support order will only be sought if the review conducted under Subsection
300.02 of this rule results in an obligation under the Child Support Guidelines
which differs from the existing order by at least fifteen percent (15%), but not
less than fifty dollars ($50) per month. The following criteria will be applied
by Child Support Services to determine whether there has been a substantial and
material change of circumstances: (7-1-21)T
a.
Whether there has been an increase or decrease in the income, as the term is
defined in the Child Support Guidelines, of either parent or other person legally
obligated for the support of a child; (7-1-21)T
b. Whether there has been a substantial
increase or decrease in the assets of either parent or other person legally
obligated for the support of a child; (7-1-21)T
c. Whether there has been a substantial change
in the needs of the child; (7-1-21)T
d. Whether there has been a change in the
custody or visitation rights of the non-custodial parent; and (7-1-21)T
e. Whether other factors exist indicating a
substantial and material change in circumstances since the entry or modification
of the support order. (7-1-21)T
Notes
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