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.

History: 40-5-202, MCA; IMP, 40-5-202, MCA; 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. 1/21/17; AMD, 2020 MAR p. 966, Eff. 5/30/20.