[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.8]

[Page 243-244]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.8  Review and adjustment of child support orders.

    (a) Definition. For purposes of this section, Parent includes any 
custodial parent or noncustodial parent (or for purposes of requesting a 
review, any other person or entity who may have standing to request an 
adjustment to the child support order).
    (b) Required procedures. Pursuant to section 466(a)(10) of the Act, 
when providing services under this chapter:
    (1) The State must have procedures under which, every 3 years (or 
such shorter cycle as the State may determine), upon the request of 
either parent, or, if there is an assignment under part A, upon the 
request of the State agency under the State plan or of either parent, 
the State shall with respect to a support order being enforced under 
this part, taking into account the best interests of the child involved:
    (i) Review and, if appropriate, adjust the order in accordance with 
the guidelines established pursuant to section 467(a) of the Act if the 
amount of the child support award under the order differs from the 
amount that would be awarded in accordance with the guidelines;
    (ii) Apply a cost-of-living adjustment to the order in accordance 
with a formula developed by the State; or
    (iii) Use automated methods (including automated comparisons with 
wage or State income tax data) to identify orders eligible for review, 
conduct the review, identify orders eligible for adjustment, and apply 
the appropriate adjustment to the orders eligible for adjustment under 
any threshold that may be established by the State.
    (2) If the State elects to conduct the review under paragraph 
(b)(1)(ii) or (iii) of this section, the State must have procedures 
which permit either party to contest the adjustment, within 30 days 
after the date of the notice of the adjustment, by making a request for 
review and, if appropriate, adjustment of the order in accordance with 
the child support guidelines established pursuant to section 467(a) of 
the Act.
    (3) If the State conducts a guideline review under paragraph 
(b)(1)(i) of this section:
    (i) Review means an objective evaluation, conducted through a 
proceeding before a court, quasi-judicial process, or administrative 
body or agency, of information necessary for application of the State's 
guidelines for support to determine:
    (A) The appropriate support award amount; and
    (B) The need to provide for the child's health care needs in the 
order through health insurance coverage or other means.
    (ii) Adjustment applies only to the child support provisions of the 
order, and means:
    (A) An upward or downward change in the amount of child support 
based upon an application of State guidelines for setting and adjusting 
child support awards; and/or
    (B) Provision for the child's health care needs, through health 
insurance coverage or other means.
    (4) The State must have procedures which provide that any adjustment 
under paragraph (b)(1)(i) of this section shall be made without a 
requirement

[[Page 244]]

for proof or showing of a change in circumstances.
    (5) The State must have procedures under which, in the case of a 
request for a review, and if appropriate, an adjustment outside the 3-
year cycle (or such shorter cycle as the State may determine) under 
paragraph (b)(1) of this section, the State shall review and, if the 
requesting party demonstrates a substantial change in circumstances, 
adjust the order in accordance with the guidelines established pursuant 
to section 467(a) of the Act.
    (6) The State must provide notice not less than once every 3 years 
to the parents subject to the order informing the parents of their right 
to request the State to review and, if appropriate, adjust the order 
consistent with this section. The notice must specify the place and 
manner in which the request should be made. The initial notice may be 
included in the order.
    (c) Standard for adequate grounds. The State may establish a 
reasonable quantitative standard based upon either a fixed dollar amount 
or percentage, or both, as a basis for determining whether an 
inconsistency between the existent child support award amount and the 
amount of support determined as a result of a review using automated 
methods under paragraph (b)(1)(iii) of this section is adequate grounds 
for petitioning for adjustment of the order.
    (d) Health care needs must be adequate basis. The need to provide 
for the child's health care needs in the order, through health insurance 
or other means, must be an adequate basis under State law to initiate an 
adjustment of an order, regardless of whether an adjustment in the 
amount of child support is necessary. In no event shall the eligibility 
for or receipt of Medicaid be considered to meet the need to provide for 
the child's health care needs in the order.
    (e) Timeframes for review and adjustment. Within 180 calendar days 
of receiving a request for a review or locating the non-requesting 
parent, whichever occurs later, a State must: Conduct a review of the 
order and adjust the order or determine that the order should not be 
adjusted, in accordance with this section.
    (f) Interstate review and adjustment. (1) In interstate cases, the 
State with legal authority to adjust the order must conduct the review 
and adjust the order pursuant to this section.
    (2) The applicable laws and procedures for review and adjustment of 
child support orders, including the State guidelines for setting child 
support awards, established in accordance with Sec. 302.56 of this 
chapter, are those of the State in which the review and adjustment, or 
determination that there be no adjustment, takes place.

[68 FR 25303, May 12, 2003]