This topic contains information on the following:
Federal Regulation 45 CFR 303.8 (f) designates the requirements for review and adjustment activities across state lines. The applicable laws and procedures for review and adjustment of child support orders, including the guidelines for setting child support awards, are those of the state where the review and possible adjustment take place. Each state (whether initiating or responding) has a responsibility in the review and adjustment process.
Federal regulations require that Public Assistance (PA) cases be reviewed every three (3) years and that Non-Public Assistance (NPA) cases be reviewed upon request. For those mandatory reviews, the initiating state must determine whether a review should be conducted and in which state the review and adjustment will be sought within fifteen (15) calendar days of October 13, 1993, or on the date when the child support order is thirty-six (36) months old (whichever occurs later). Subsequent reviews must be conducted at 36-month intervals based on either:
The initiating state must also request a review every thirty-six (36) months for any case in which support rights are assigned to the initiating state but an order for child support was entered in another state. This places responsibility on the initiating state to request that the responding state conduct the review.
If a request for a review is made in either the initiating state or the responding state, that state must determine whether a review should be conducted and in which state the review and adjustment will be sought, within fifteen (15) calendar days of the request for review. Factors that are considered when evaluating the suitable forum for conducting the review include the location of the existing order(s), the present residence of each party, and jurisdiction over the parties.
If the initiating state determines that the appropriate order to review is in-state, it must:
If the initiating state determines that it is appropriate to request a review of an order in another state, it must provide sufficient information and the request for a review to the responding state within twenty (20) calendar days of receiving sufficient information to conduct the review.
If the request for review is the first contact between the initiating and responding states, the initiating state must notify the responding state's central registry of the request for the review. If a referral between the states has already been made, the request for review can be forwarded directly to the local CSS agency that is working the case. The local agency must forward a copy of any notice issued by the responding state to the in-state party within five (5) working days of receiving such a notice.
Within fifteen (15) calendar days of receiving a referral from another state requesting a review of an order in effect in that state, local CSS must determine whether a review should be conducted. This determination of whether or not to conduct a review is governed by the responding state's review and adjustment procedures.
Within one hundred-eighty (180) calendar days of determining that a review should be conducted or of locating the nonrequesting party (whichever occurs later), the responding state must:
Once the local CSS agency that is responsible for conducting the review receives the case, the procedures for conducting the review should be no different than those used in intrastate cases. If the information that is received is inadequate, the responding state must request the information from the initiating state's CSS agency. The responding state must process the case to the extent possible pending the response from the initiating state.
Advising all parties that a review will commence in thirty (30) days satisfies the requirement that the responding state provide notice to the initiating state in advance of any formal hearings that might result in the establishment or modification of an order. Notice of the review is sent to the parent in the initiating state through that state's CSS agency and is to be forwarded to the party within five (5) working days of receiving the notice.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.