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| Review and Modification What is modification? Modification occurs when the terms of the child support and/or medical support order are changed. A significant change in the parent's circumstances is required for the order to be modified. How does the modification process work? Either parent, a guardian, or the child support enforcement agency can ask for a review of a child support order to see if the amount of the order should be changed or if health insurance needs to be added. All public assistance cases are reviewed every 36 months to see if the current order needs to be modified. A notice to review is generated and sent to the parties when a residence or mailing address exists on their personal record. The caseworker also reviews the case when the child reaches the age of emancipation. A review can take place more often at the request of a party, but only when there is a major change in a party's income or some other significant change. You should contact your local child support agency if:
Be sure that you have a legitimate reason for requesting a modification. To be eligible for modification, the new order must differ at least 10 percent from the current order. If the current order is less than $100 per month, the order can be modified if the difference between the new order and the current order is at least $10 per month. In order for the review to be completed, the custodial and non-custodial parent will be required to provide the caseworker with a completed Income and Expense Affidavit and other documentation. The caseworker will conduct the review no sooner than 40 days after the date of the Review Notice. When the caseworker completes the review, notification is sent to the parties. If an adjustment or modification is required, the caseworker initiates the modification through judicial or administrative processes. Affidavits and wage information must be accurate and have been submitted within the previous three months. Information Required To determine whether a modification of the child support order is needed, the caseworker uses income information from each party's Income and Expense Affidavit, Department of Labor and Employment records, and/or other reliable financial/wage information. If the non-custodial parent does not complete the Income and Expense Affidavit, the caseworker can file a Motion to Compel with the court or impute minimum wage for a 40-hour week. Estimated Timeframes Automatic reviews take place every 36 months. Cases are reviewed no sooner than 40 days after the issuance of a Notice to Review. If the review indicates that an adjustment is warranted, timeframes for entry of a new order will differ depending on whether the modification needs to be made administratively or through the courts. If you have questions about timeframes for your case, contact your caseworker.
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