Current through the 2024 Fourth Special Session
Section 26B-9-220 - Review and adjustment of child support order in three-year cycle - Substantial change in circumstances not required(1) If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if: (a) requested by a parent or legal guardian involved in a case receiving IV-D services; or(b) there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.(2)(a) If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines.(b) If there is such a difference and the difference is not of a temporary nature, the office shall:(i) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the child support guidelines; or(ii) with respect to a child support order issued or modified by a court, file the appropriate pleading with the court to adjust the amount to that which is provided for in the child support guidelines.(3) The office may use automated methods to: (a) collect information and conduct reviews under Subsection (2); and(b) identify child support orders in which there is a difference of 10% or more between the amount of child support ordered and the amount that would be required under the child support guidelines for review under Subsection (1)(b).(4)(a) A parent or legal guardian who requests a review under Subsection (1)(a) shall provide notice of the request to the other parent within five days and in accordance with Section 26B-9-207.(b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall provide notice to the parties of: (i) a proposed adjustment under Subsection (2)(b)(i); or(ii) a proposed pleading to be filed in court under Subsection (2)(b)(ii).(5)(a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal guardian may respond to a request for review filed with the office.(b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and providing documentation that refutes the adjustment or petition.(6) A showing of a substantial change in circumstances is not necessary for an adjustment under this section.Amended by Chapter 366, 2024 General Session ,§ 20, eff. 9/1/2024.Renumbered from § 62A-11-320.5 and amended by Chapter 305, 2023 General Session ,§ 234, eff. 5/3/2023.Repealed and Re-enacted by Chapter 232, 1997 General Session.