(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.
(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) 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. If there is such a difference and the difference is not of a temporary nature, the office shall: (a) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the guidelines; or (b) with respect to a child support order issued or modified by a court, file a petition with the court to adjust the amount to that which is provided for in the guidelines.
(a) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the guidelines; or
(b) with respect to a child support order issued or modified by a court, file a petition with the court to adjust the amount to that which is provided for in the 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).
(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 62A-11-304.4. (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)(a); or (ii) a proposed petition to be filed in court under Subsection (2)(b).
(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 62A-11-304.4.
(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)(a); or (ii) a proposed petition to be filed in court under Subsection (2)(b).
(i) a proposed adjustment under Subsection (2)(a); or
(ii) a proposed petition to be filed in court under Subsection (2)(b).
(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.
(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.
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