Mo. Code Regs. tit. 13 § 30-5.020

Current through Register Vol. 49, No. 23, December 2, 2024

Section 13 CSR 30-5.020 - Review and Modification of Child Support Orders

PURPOSE: This rule sets forth the Division of Child Support Enforcement's procedures for review and modification of existing child support orders in accordance with sections 454.400, RSMo and 454.500, RSMo and 42 U.S.C. 666.

Editor's Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Definitions. As used in this rule-

(A) Administrative order means a child support order established through the administrative process in accordance with sections 454.470-454.520, RSMo;

(B) Aid to Families with Dependent Children (AFDC) case means a case in which a parent has assigned to the state his/her rights to support as a condition of eligibility for public assistance under Title IV-A of the Social Security Act;

(C) Division means the Missouri Division of Child Support Enforcement;

(D) Interstate case means a case in which one (1) or both of the parties subject to a child support order do not reside in Missouri;

(E) Medicaid case means a case in which a parent has assigned to the state his/her rights to medical support to receive public assistance, but has not assigned to the state his/her rights to child support;

(F) Parent means the obligated parent or the custodial parent or caretaker who is receiving child support enforcement services; and

(G) Review means an objective evaluation of complete, accurate, up-to-date information necessary for application of the child support guidelines and criteria for support set forth in Missouri Supreme Court Rule 88.01.

(2) Review.

(A) Any child support obligation being enforced by the division shall be reviewed by the division at its own request, or at the request of the child support agency of another state, or upon the written request of either parent subject to the order.

(B) The division shall review the following cases, at its own request, no less frequently than once every thirty-six (36) months from the date the order was established, last reviewed or modified:

1. AFDC cases with child support orders; and

2. Medicaid cases with child support orders that lack medical support provisions.

(C) The division shall review the support order to determine the amount of difference between the ordered amount and a proposed amount calculated on current financial information in accordance with the guidelines and criteria for support set forth in Missouri Supreme Court Rule 88.01.

(D) The division will seek a modification if the review indicates that one (1), or both, of the following conditions exist:

1. The case meets the modification threshold requirements of section 452.370 or 454.500, RSMo; or

2. The child support obligation does not contain a provision for health insurance coverage by the obligated parent and the children are not covered under a health benefit plan, other than Medicaid, by the custodial parent.

(E) A review shall be conducted no less frequently than once every thirty-six (36) months from the date the order was established, last reviewed or modified, or the date a review terminated pursuant to subsection (7)(B) of this rule, when the review is being conducted at the request of either parent. A review may be conducted earlier than thirty-six (36) months at the request of a parent, or the division in an AFDC or Medicaid case, if-

1. A child should be added to an administrative order;

2. A child should be removed from a general order, whether administrative or judicial;

3. The requesting party submits information that shows, or a sworn statement that alleges, there has been a fifty percent (50%) or more change in income of either party to the order, and the division determines that the circumstances that caused the change have existed for at least three (3) months, and that it is reasonably likely they will remain unchanged for another six (6) months or longer;

4. A health insurance provision should be added to an administrative or judicial order; or

5. A child support obligation should be added to an administrative or judicial order and-

A. The order only addresses a health insurance obligation; or

B. The order specifically states that no child support is ordered; or

C. The court specifically reserved or retained jurisdiction of the child support issue in the order.

(3) Notices.

(A) The division shall notify, in writing, each parent subject to a child support order-

1. Of the right to request a review of the order;

2. Of any proposed review at least thirty (30) calendar days before commencement of review; and

3. Of the proposed modification (or determination that there should be no change) in the order, and of his/her right to initiate proceedings to challenge the modification or determination within thirty (30) calendar days after notification.

(B) Paragraph (3)(A)1. of this rule shall become effective on October 1, 1993.

(C) The division shall mail all notices required in this section to the last-known address of each parent subject to a child support order, except that the division can provide the notice required by paragraph (3)(A)1. of this rule either by sending a one (1)-time mailing or by including the notice in the child support order.

(4) Financial Information.

(A) Both parents subject to the order to be reviewed shall provide financial information and verification of income within ten (10) calendar days after the date the division mails a written request for the information. Documents verifying income shall include, but not be limited to, the following: copies of federal and state income tax returns, W-2 statements, pay stubs or a signed statement from an employer or other source of income. If the division is unable to obtain financial information concerning the nonrequesting parent, it may request the other parent to provide the financial information if that parent is able to do so.

(B) The division may use all other resources normally accessed to obtain the parents' financial information.

(5) Best Interests of the Child. If the custodial parent or caretaker has assigned his/her support rights as a recipient of benefits under the AFDC, alternative care or Medicaid programs, and the Division of Family Services has made a finding of good cause and determined that support enforcement may not proceed without risk, a review of the support order will not be considered in the best interests of the child and the review will not be conducted unless one (1) of the parents requests the review.

(6) Denying Requests.

(A) A request for review by a parent subject to the order may be denied for the following reasons:

1. The location of the nonrequesting parent is unknown at the time the request is made;

2. It has been less than thirty-six (36) months since the entry date of the support order or most recent modification, or last completed review, whichever is later, or it has been less than thirty-six (36) months since a review or modification action was terminated pursuant to subsection (7)(B) of this rule. However, a review may be conducted earlier than thirty-six (36) months if the case meets criteria for earlier review set forth in subsection (2)(E) of this rule;

3. The division is not providing services with respect to the order for which the review has been requested;

4. The request is for the purpose of modifying custody or visitation rights;

5. The request is for the sole purpose of modifying the amount of delinquent support that has accrued under a support order;

6. The request is for the purpose of modifying the amount of spousal support under a support order; and

7. The request is for the review of a temporary support order.

(B) A request for review of an order in an interstate case may be denied if-

1. Neither party of the order resides in Missouri and the division is not enforcing the order; or

2. The order is not filed with a Missouri court.

(7) Withdrawing Requests.

(A) The division will consider the written withdrawal of the parent who requested a review pursuant to subsection (2)(E) of this rule if the withdrawal is submitted after the division acknowledged the request for review, but no later than-

1. Thirty (30) calendar days after service of process is achieved on a motion to modify filed pursuant to sections 454.496 and 454.500, RSMo, if neither party requested an administrative hearing; or

2. The date of the administrative hearing if either party requested an administrative hearing within thirty (30) calendar days after service of process was achieved on a motion to modify filed pursuant to sections 454.496 and 454.500, RSMo.

(B) Upon receiving a withdrawal pursuant to subsection (7)(A) of this rule, the division will notify the nonrequesting parent of the withdrawal. The nonrequesting parent will have ten (10) calendar days from the date of notice to contact the division in writing-

1. If the nonrequesting parent protests the withdrawal, the division will notify the requesting parent of the protest and will continue the review or modification of the order; or

2. If the nonrequesting parent agrees to the withdrawal, either in writing or by his/her failure to contact the division in writing within ten (10) calendar days, the division will terminate all actions to review or modify the order.

(C) If the division terminates a review or modification action pursuant to subsection (7)(B) of this rule, the division will not accept from either parent a request to review the order earlier than thirty-six (36) months from the date the action was terminated, unless the case meets criteria for earlier review set forth in subsection (2)(E) of this rule.

(8) Modifications.

(A) For modification of an administrative order-

1. The division shall inform the obligated parent of the review results and obtain a consent order for the new terms; or

2. The obligated parent, custodial parent or caretaker, or the division may file a motion to modify pursuant to section 454.500, RSMo.

(B) For modification of a judicial order-

1. The division shall serve the obligee and the obligor with a motion to modify pursuant to section 454.496, RSMo; or

2. The division, at its discretion may refer the case to the prosecuting attorney in the county that issued the order or to another attorney under contract to the division to petition the court for a modification of the order.

13 CSR 30-5.020

AUTHORITY: section 454.400, RSMo 1994.* Original rule filed Dec. 24, 1990, effective June 10, 1991. Emergency amendment filed Dec. 2, 1991, effective Dec. 16, 1991, expired April 13, 1992. Amended: Filed Dec. 2, 1991, effective April 9, 1992. Emergency amendment filed May 14, 1993, effective May 24, 1993, expired Sept. 20, 1993. Emergency amendment filed July 28, 1993, effective Sept. 21, 1993, expired Jan. 18, 1994. Amended: Filed May 14, 1993, effective Nov. 8, 1993. Emergency amendment filed Dec. 13, 1993, effective Dec. 23, 1993, expired April 21, 1994. Emergency amendment filed April 11, 1994, effective April 21, 1994, expired Aug. 18, 1994. Emergency amendment filed May 26, 1994, effective June 6, 1994, expired Oct. 2, 1994. Amended: Filed Dec. 13, 1993, effective July 30, 1994. Emergency amendment filed May 26, 1994, effective June 5, 1994, expired Oct. 2, 1994. Amended: Filed May 26, 1994, effective Nov. 30, 1994. Amended: Filed June 15, 1995, effective Dec. 30, 1995. Amended: Filed Nov. 30, 1995, effective May 30, 1996.

*Original authority: 454.400, RSMo 1982, amended 1985, 1986, 1990, 1993.