California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115530 - Changes in Circumstances - Automatic Review by Local Child Support Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any of the following
				changes in circumstances or combination of changes in circumstances shall be
				considered a basis for an automatic review for adjustment. Changes in circumstances
				shall be limited to:
(1) The obligor or obligee is
				incarcerated in a county jail, state or federal prison, or court-ordered
				rehabilitation facility and there is no evidence of support potential. If the
				obligor is incarcerated, the local child support agency shall seek to adjust the
				current order to zero, and refer to the case closure regulations at 22 California
				Code of Regulations, Section
				118203(a)(5)(B) to
				determine if case closure is appropriate.
(2) The obligor's sole income is Supplemental
				Security Income/State Supplementary Payment, CalWORKs, or any other public
				assistance program for which eligibility is determined on the basis of need, and
				that income was used in determining the amount of the support order. If the
				obligor's sole income is Supplemental Security Income/State Supplementary Payment,
				the local child support agency shall seek to adjust the current order to zero, and
				refer to the case closure regulations at 22 California Code of Regulations, Section
				118203(a)(5)(D) to
				determine if case closure is appropriate. Pursuant to Section
				17400.5, Family
				Code, the local child support agency shall file a motion to modify the order within
				30 days of verification of receipt of the Supplemental Security Income/State
				Supplementary Payment.
(3) The obligor
				stops receiving Supplemental Security Income/State Supplementary Payment, CalWORKs,
				or any other public assistance program for which eligibility is determined on the
				basis of need.
(4) The obligor has a
				medically verified total and permanent disability with no evidence of support
				potential. The local child support agency shall seek to adjust the current order to
				zero and refer to the case closure regulations at 22 California Code of Regulations,
				Section 118203(a)(5)(C) to
				determine if case closure is appropriate.
(5) The obligor is institutionalized in a
				psychiatric facility and has no evidence of support potential. The local child
				support agency shall seek to adjust the current order to zero and refer to the case
				closure regulations at 22 California Code of Regulations, Section
				118203(a)(5)(A) to
				determine if case closure is appropriate.
(6) The child support order was based on presumed
				income, and the actual income or income history of the obligor becomes
				known.
(7) The obligor or obligee's
				health insurance premium was not included in the guideline (Family Code Section
				4055) calculation
				when the child support was established or last adjusted.
(8) The obligor or obligee is a reservist in the
				military and is called to active duty.