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

Idaho Admin. Code r. 16.03.03.300

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