TITLE 32

DOMESTIC RELATIONS

CHAPTER 12

MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT

32-1218.  review and modification of support orders. (1) Each parent subject to a child support order that is being enforced by the department shall be notified of the right to request a review of the order by the department every thirty-six (36) months. Reviews shall not be conducted more frequently unless there has been a substantial and material change in circumstances, including but not limited to:

(a)  An increase or decrease in income or assets of either parent or other person legally obligated for the support of a child;

(b)  A substantial change in the needs of the child; or

(c)  A change in custody or visitation rights of the non-custodial parent.

(2)  A support order shall be reviewed for possible modification:

(a)  If requested by either parent;

(b)  If requested by any state, tribal, or foreign child support services agency; or

(c)  Automatically, at least every thirty-six (36) months, in any case where either parent is receiving support pursuant to 42 U.S.C. 601 et seq.

(3)  After a review pursuant to this section, each parent shall be notified of the outcome. The department shall only seek a modification of a support order if the review results in an obligation that differs from the existing order by at least fifteen percent (15%), but not less than fifty dollars ($50.00) per month.

History:

[32-1218, added 2025, ch. 201, sec. 7, p. 915.]