Notice Of The Right To Request A Review
The custodial party and/or noncustodial parent subject to a support order in the state have the right to request that the FSD or local child support agency review the support order to determine if the amount of support should be changed based on statewide criteria. Either parent may request a review every three years. However, the FSD or local child support agency is not required to review an order if:
- The order was reviewed for modification within the prior 12 months;
- The order was established or adjusted within the prior 24 months; or
- One of the parents cannot be located and there is no new information regarding his or her whereabouts.
The FSD or local child support agency will review an order even if it was reviewed or adjusted recently if there has been a significant change in circumstance. In this instance a significant change in circumstance is limited to either a parent becoming involuntarily unemployed, a parent becoming employed or a change in custody. Seasonal or intermittent employment that was considered by the court when establishing the support order does not qualify as a significant change in circumstance. Once the FSD or local child support agency has determined that an order will be reviewed, the review and modification process should be completed within 180 days.
The FSD or local child support agency must attempt to modify an order in any of the following circumstances:
- Application of the state`s child support guidelines indicates that the amount of support ordered should be increased by at least $50 or 30 percent, whichever is greater;
- Application of the state`s child support guidelines indicates that the amount of support should be decreased by at least $50 or 30 percent, whichever is greater, and the reason for the decrease is expected to last at least six months; or
- There is no medical insurance provision in the order and medical insurance is available at reasonable cost to the noncustodial parent.
If the FSD or local child support agency is not required to modify the order, they must provide to either the custodial parent and/or noncustodial parent, upon request, information on how they can get forms to ask the court to increase/decrease the amount of the support order.