V.I. Code tit. 16, § 369 (2019)
2019 US Virgin Islands Code|Title 16 - Domestic Relations|Chapter 13 - Support of Relations|Subchapter I - Civil Liability for Support|§ 369. Review of Title IV-D Agency child support orders

 (a) Every three years, all child support orders to which the Division is a party shall be subject to review, and if appropriate, adjustment, in accordance with a publicly available Review and Adjustment Plan established by the Division. The Review and Adjustment Plan shall take into account the best interests of children involved and shall be based, at the discretion of the Division, on one of the following methodologies: (1) review, and if appropriate, adjust the order in accordance with the Child Support Guidelines if the amount of the child support under the order being reviewed is 20% higher or lower than the amount that would be awarded in accordance with said guidelines; or (2) apply a cost-of-living adjustment to the order, based on information available to the Government of the Virgin Islands relative to yearly percentage increases/decreases in the cost-of-living for Virgin Islands residents, and, if there are differences in the cost-of-living between St. Thomas, St. Croix, St. John or Water Island, apply the appropriate adjustment based on the residence of the child. (b) A review under the Review and Adjustment plan shall only be conducted if so requested by either party to the action, or in the event that a party's rights have been assigned to a Title IV-D Agency of this or any other jurisdiction, if so requested by such Title IV-D Agency. Notwithstanding any law to the contrary, any adjustment made pursuant to subsection (a) of this section shall proceed without a requirement for proof or showing of a change in circumstances beyond that required by said subsection. (c) If a review is conducted pursuant to subsection (a)(1) of this section, The Division shall notify all parties to the action that a review is being conducted within 10 days of the date of request for review. The Division shall complete the review within 45 days of the date of request for review, and shall advise all parties to the action of the outcome of the review, and any adjustment to the support amount, if appropriate, within 50 days of the date of request for review. Such Notice of Outcome shall also advise the parties of their right to appeal, and that such appeal must be filed within 20 days of the date of receipt of the Notice of Outcome. For orders originating in the Superior Court, the appeal must be filed with the Division and the Superior Court. For all other orders, the appeal must be filed with the Division and the Administrative Hearing Office. The appeal shall be limited to the issue of whether the review was properly conducted pursuant to subsection (a)(1). If the Notice of Outcome is not challenged within the prescribed time, or, if challenged, the appellant fails to show good cause why the adjustment, or the decision not to adjust, should not occur, in the event of an adjustment, the Superior Court or the Administrative Hearing Office, begin advised appropriately by the Division, shall promptly adjust their respective orders, with such adjustment being retroactive to the date of Notice of Outcome. (d) If a review is conducted pursuant to subsection (a)(2) of this section, the Division after applying the cost-of-living adjustment, shall notify all parties to the action of the proposed adjustment. Such Notice shall advise the parties of their right to contest the proposed adjustment, within 30 days after the date of the Notice, by making a request with the Division for review and, if appropriate, adjustment of the order pursuant to subsection (a)(1). If no contest is made within the prescribed time, the Superior Court or the Administrative Hearing Office, being advised appropriately by the Division, shall promptly adjust their respective orders, with such adjustment being retroactive to the date of the Notice. (e) Nothing in this section shall preclude the filing of a motion for modification/adjustment of a child support obligation outside the 3-year cycle referenced in subsection (a) of this section. The requesting party shall file such motion with the Superior Court or Administrative Hearing Office, and the review will be made pursuant to the Child Support Guidelines and pursuant to an appropriate demonstration of substantial change in circumstances. (f) The Division shall notify, not less than once every three years, all parties subject to child support actions in which the Division is a party of the right to request a review pursuant to subsection (a) of this section. Such notice may be included in a child support order.