Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 3 - CHILD SUPPORT ENFORCEMENT › Chapter 31 - CHILD SUPPORT › Subchapter 7 - CASE CLOSURE › Section 5-31-43 - Termination

Current through June, 2024
(a) Child support shall automatically be
				  terminated if the conditions for termination set forth in the child support
				  order are met. Such conditions include, but are not limited to, the adoption,
				  marriage, legal emancipation, enlistment in the military, and death of the
				  child. Child support shall also terminate if the child reaches eighteen years
				  of age and there is no provision in the child support order for continuing
				  child support.
(b) The agency may
				  initiate action to terminate child support when the conditions for termination
				  are not set forth in the child support order and the agency determines that
				  termination is appropriate. Such conditions include, but are not limited to,
				  the court ordered change of custody of the child to the obligor, the parties
				  residing together with the child as an intact family, and the conditions
				  described in subsection (a). A proposed administrative order terminating child
				  support is generated and served upon the parties by regular mail pursuant to
				  section
				  576E-4, Hawaii Revised
				  Statutes. The process as described in section 5-31-22(d)(4) through (11) is
				  followed to complete the termination action.
(c) In cases where the child support order
				  provides for child support past the age of eighteen due to continuing education
				  and services are being provided under title IV-D, the agency shall seek
				  verification of the child's continued educational status. If the child is in
				  high school or is enrolled or plans to enroll full-time in a post-secondary
				  educational or vocational institution, then child support shall continue
				  un-interrupted upon receipt of such verification. The agency shall initially
				  request verification of continued educational status three months prior to the
				  child's eighteenth birthday and semiannually thereafter. The request for
				  verification shall include the name and date of birth of the child for whom the
				  verification is being sought and time frame when the verification must be
				  returned to the agency before the agency's collection of child support is
				  terminated. Verification of continuing school shall consist of:
(1) Registration confirmation from the high
				  school;
(2) Prior to the beginning
				  of the school year, an acceptance letter on school letterhead and the child's
				  written statement indicating his or her intent to enroll on a full-time
				  basis;
(3) The registration
				  confirmation from the school of full-time enrollment or, if the full-time
				  status is not indicated on the registration, a minimum of twelve credit hours
				  per semester or its equivalent be reflected on the registration and indicating
				  the school and student names;
(4)
				  The receipt of tuition payment reflecting full-time enrollment and indicating
				  the school and student names; or
(5) The school registrar's letter indicating
				  full-time enrollment status.
If the agency does not receive verification within the
					 timeframe stated in the request for verification, the agency's collection of
					 child support shall be terminated. Once the agency's collection of child
					 support has been terminated, future child support shall only be reinstated
					 commencing the first of the month following the date proof of the child's
					 full-time enrollment is received by the agency. Reinstatement of the agency's
					 collection of child support shall only occur if the adult child has
					 continuously attended post-high school education on a full-time basis.