Rule 37.62.2103 - AVAILABILITY OF REVIEW(1) For purposes of 40-5-272(4)(a), MCA, a substantial change in circumstances includes, but is not limited to: (a) an increase or decrease of at least 30% in a parent's income for child support, as defined by the Montana child support guidelines, ARM 37.62.105(1);(b) the adoption, emancipation, or death of a child in households where more than one child are the subjects of the guideline calculation, if the existing order is not a per child amount; (c) the movement of a child from one parent's home to the home of the other parent, with the intent that the move is permanent and is: (i) evidenced by the written consent of the other parent; (ii) ordered by a court of competent jurisdiction; or(iii) demonstrated to have continued for 90 days prior to the request for review and modification; (d) the development of special needs by a child, if those needs were not considered in the original order; or (e) evidence that the original Montana order was set without reference to the child support guidelines.(2) The CSSD will deny a request for review of a support order if any of the following conditions exist: (a) less than 36 months have elapsed from the date that the existing support order was entered, an administrative hearing was granted under 40-5-277, MCA, or an order was issued which denied a modification because of the applicant's failure to meet one of the criteria described in 40-5-208(2)(b) or 40-5-272, MCA, and no substantial change of circumstances has occurred;(b) the CSSD does not have an open IV-D case after the procedures in ARM 37.62.2107 have been completed;(c) the State of Montana does not have or cannot obtain personal or subject matter jurisdiction over a necessary party; (d) the address of a necessary party has not been verified; (e) review and adjustment services are being provided by another IV-D agency; (f) a modification or adjustment action is pending in another forum; or(g) the support order will terminate within six months after the date the request for review is received by the CSSD.Mont. Admin. r. 37.62.2103
NEW, 1994 MAR p. 2011, Eff. 7/22/94; TRANS, from SRS, 2000 MAR p. 3551; AMD, 2006 MAR p. 574, Eff. 2/24/06; AMD, 2017 MAR p. 135, Eff. 1/21/2017; AMD, 2020 MAR p. 966, Eff. 5/30/2020AUTH: 40-5-202, MCA; IMP: 40-5-202, MCA