Modification (Review and Adjustment)

DCSS-POL-06-17 v.2

 

  1. OVERVIEW
  1. The purpose of this policy is to provide staff and members of the public a working knowledge of how cases are reviewed for modification of a child support order.
  2. A modification may result from a review to evaluate any changes in the circumstances for the custodial parent (CP), noncustodial parent (NCP), or a child that may justify an adjustment to the support order amount. Modifying a child support order to the right-sized amount based on the parties’ situation, including the NCP’s ability to pay, promotes compliance with the order.
  1. APPLICABILITY
  1. This policy applies to all Arizona IV-D program staff performing Title IV-D services.
  1. POLICY
  1. The DCSS forwards a case to the local Attorney General's Office for a modification when the case meets the referral criteria. 
  1. CRITERIA
  1. Cases must meet one or more of the following manual criteria for a modification review:
  1. There is no pending closure or good cause.
  2. The case contains a non-tribal Arizona order, or a properly registered foreign support order registered in Arizona.
  3. One or both parties reside in Arizona with a verified address within the past 12 months.
  4. There is an accruing debt (unless a $0.00 order is to be modified to include an accrual). 
  5. There is at least one active child and the youngest child on the case is less than 17 years of age.
  6. The case is not assigned to a tribal IV-D program and there is no tribal subject matter jurisdiction.
  7. There is a substantial and continuing change of circumstance. Circumstances that are substantial or continuing change include but are not limited to:
  1. Change in employment or income, including Unemployment Insurance benefits.
  2. Loss of a job for at least 30 days with the expectation that it will continue for 90 days.
  3. There is no existing medical support order and health insurance coverage is available at a reasonable cost to either parent involved in the action.
  4. There is a change in medical support such as loss of coverage, increase in premium, changing the parent ordered to provide medical insurance, or cash medical support order is required.
  5. The NCP is ordered to provide medical insurance and does not, but the custodial parent (CP) provides the medical support. The order shall be modified to include cash medical support.
  6. A change in physical custody or parenting time.
  7. There is a determination of disability (e.g. SSI, SSD, or Worker’s Compensation).
  8. There is a change in the cost in the child care.
  9. A child(ren) who is listed on the order has emancipated.
  10. The parties have an additional child(ren) for whom support is not established.
  1. Cases are screened for a modification review when:
  1. The CP is receiving TANF.
  1. The case is coded as a current TANF case (Current Assistance In-State (CAI)).
  2. The TANF open date is greater than three years past the most recent support order and has no TANF end date.
  3. There was no review within the past three years (for a modification when the CP is on TANF).
  1. The NCP is incarcerated.
  1. The total arrears balance is greater than zero.
  2. The NCP’s release date from incarceration is more than one year in the future and the Exit Date field is blank on the NCDE (NCP Demographics) screen.
  3. ATLAS does not already contain the activity code D1246 Notice of Modification – Obligor Incarcerated (NCP) or D0278 Agreement to Accept Service by Mail NCP.
  1. The DCSS requires a IV-D application from the NCP before reviewing for a modification after custody of the child(ren) has changed.

If at least one of the listed criteria are met, refer the case to the office attorney for modification.

  1. PROCEDURE
  2. This policy is supported by staff procedures, which identify how action related to this policy will be conducted; including responsibilities, time frames and required actions.
  1. AUTHORITY

Federal Authority

45 C.F.R. § 303.31

Securing and enforcing medical support obligations

45 C.F.R. § 303.8

Review and adjustment of child support orders

42 U.S.C. § 666(a)(10)

Requirements of statutorily prescribed procedures to improve the effectiveness of child support enforcement.

Public Law No: 109-171 (02/08/2006)

Deficit Reduction Act of 2005 (Specifically Title VII Human Resources and Other Provisions. Subtitle C Child Support, Section 7302)
State Authority

A.R.S. § 25-327

Modification and termination of provisions for maintenance, support and property disposition.

A.R.S.  § 25-503

Order for support; methods of payment; modification; termination, statute of limitations; judgment on arrearages; notice; security

A.R.S. § 25-509

Representation by attorney general or county attorney; modification of order by attorney general or county attorney

Arizona Child Support Guidelines 2022

Arizona Child Support Guidelines 2022

Return to beginning of the Modification Policy

Policy Revision Date: 2/16/2023
Policy Review Date: 2/16/2023

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