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This topic contains information on the following subjects:
1. Review and adjustment for Public Assistance cases;
2. Review and adjustment for Non-Public Assistance cases;
Public Assistance (PA) cases must be reviewed at a minimum of every three (3) years.
Once each month, open PA case records are examined to determine if thirty-five (35) months have passed since the date that the case was last reviewed and/or modified.
PA case records meeting the 35-month condition are further evaluated to determine if a review can be conducted. The following conditions are checked:
1. The case cannot be in the Locate Processing Status;
2. The case must be workable;
3. The case must have a current support obligation;
4. The case must have a court order in North Carolina;
5. The Case must have at least one (1) child participant less than seventeen and one half (17.5) years of age.
If the PA case does not meet all of the review criteria, it is currently unreviewable.
Non-Public Assistance cases are only reviewed at three (3) year intervals, when requested by either the NCP or client. Both parties in NPA cases and MAO cases requesting full CSE services are notified that the case is approaching three (3) years review eligibility.
The responsible caseworker examines the case data to determine if any barriers to the review exist. When caseworkers determine that the request is warranted, they a Notice of Impending Review (DSS-4490) for both the NCP and client. This Notice states that the review request is being honored and indicates that the review will begin thirty (30) days from the date identified on the notice. This notice also requests any pertinent information that would affect the review process or its final outcome. When ACTS generates this Notice, it also sets the Review Date.
When responsible caseworkers determine that the request for review is unwarranted, they end the review process for that case, document the reason for the review denial, and notify the client and NCP.
From this point forward, the review process is the same for both PA and NPA cases.
The responsible caseworker reviewing the case must complete the necessary steps to ensure that the review process begins within the allotted time frame. Once the most current income information becomes available, caseworkers use the obligation calculation worksheets as part of the evaluation process.
According to N.C. Child Support Guidelines, an increase or decrease of fifteen (15%) or more is considered a change of circumstances warranting modification of an order that is three (3) years old or older. However, if the order is less than three (3) years old, additional evidence of a significant change in circumstances is required for review and potential adjustment of the order.
Other factors specific to the case, such as the needs of the children involved, must also be taken into consideration as the review process continues.
Once the case evaluation is completed, caseworkers determine if an adjustment is needed. Whether or not an adjustment is necessary, caseworkers notify both the NCP and the client of the review results.
When a downward modification is indicated, it is the caseworker’s responsibility to notify the client and NCP. However, it is the responsibility of the NCP (not the CSE agency) to pursue any further action regarding a modification. When no modification is indicated and neither party has protested the review results, caseworkers end the review process for the case and document the reason for the review denial.
If an upward adjustment is appropriate, caseworkers should use ACTS to generate the Request To AP To Voluntarily Modify Order (DSS-4678) along with a Modified Voluntary Support Agreement (DSS-4524) or a Consent Order To Modify (DSS-4657).
The Modified VSA (DSS-4524) or the Consent Order To Modify (DSS-4657) are generated with an effective date that is at least forty-five (45) days in the future. The 45-day lead time allows for the required 30-day time frame during which either party can protest the adjustment.
An attorney must review the Modified VSA (DSS-4524) or the Consent Order To Modify (DSS-4657) before the caseworkers mail it to the NCP. Then caseworkers can send the documents to the NCP.
If the NCP voluntarily signs the Modified VSA (DSS-4524) or the Consent Order To Modify (DSS-4657), caseworkers obtain the judge's signature, and then the order is filed with the court. Caseworkers also generate a Notice Of Review Hearing Results (DSS-4682) and mail copies to both the NCP and client. If the NCP has an attorney of record, the Notice Of Review Hearing Results is mailed to the attorney.
If the NCP does not voluntarily amend the order, caseworkers should print a hard copy of the Obligation Calculation Worksheet, along with a Motion To Modify Order (DSS-4654), and file these documents with the court. Then caseworkers schedule a hearing, generate a Notice Of Hearing(DSS-4621) for both the NCP and the client, and mail it to them.
In addition, caseworkers should generate an Order To Modify (DSS-4689), which should include the appropriate language in the free-form text fields to appear in "The Court Finds As Fact", "The Court Concludes As A Matter Of Law", and "The Ordered, Adjudged, And Decreed" sections of the order. Caseworkers should get this order signed by a judge.
Caseworkers also generate a Notice Of Review Hearing Results(DSS-4682) and mail copies to both the NCP and the client. If the NCP has an attorney of record, the Notice Of Review Hearing Results is mailed to the attorney.
Caseworkers should generate an Order To Modify (DSS-4689) and obtain the judge's signature on it. Caseworkers also should generate a Notice Of Review Hearing Results(DSS-4682) and mail copies to both the NCP and the client. If the NCP has an attorney of record, the Notice Of Review Hearing Results should be mailed to the attorney.
The case assessment must include consideration of both parties' ability to provide support as well as significant changes in circumstances pertaining to the welfare of the child(ren). Caseworkers can use a variety of automated sources, self-generated documents, and interview methods to obtain current financial, assets, and wage data for the responsible parents. Additionally, the availability of health insurance must be pursued if no medical support provisions are included in the order. Written verification from employers should be the primary source of third-party verification.
Once the most current income information becomes available, caseworkers should use the Obligation Calculation Worksheets to determine the change in the support obligation. Fifteen percent (15%) is the minimum amount of potential increase or decrease in the support obligation to justify an attempt at adjustment by CSE.
If the NCP does not cooperate and sign a Modified Voluntary Support agreement (DSS-4524) or a Consent Order To Modify Order (DSS-4657), CSE caseworkers generate a hard copy of the Obligation Worksheet, a Motion To Modify An Order (DSS-4654), a Notice Of Hearing (DSS-4621), and the appropriate Service papers (depending on whether the NCP is to be served by certified mail or personal service) and file these documents with the court for processing.
After caseworkers submit the necessary documents to the Clerk of Court, the Clerk informs the caseworkers when the hearing is to take place. Once the hearing is set, caseworkers schedule a court hearing in ACTS for review and adjustment. While scheduling the hearing in ACTS, caseworkers can generate the documents that are mentioned above.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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