Child support

S.E.A. 179, P.L. 94
Effective: July 1, 2018

Provides that incarceration of a parent may not be considered to be voluntary unemployment in determining an amount to be ordered for support of a child. Provides that a court may modify the child support order, or approve a proposed modification, without holding a hearing if: (1) a petition to modify a child support order based on incarceration of a party is filed; and (2) after receiving notice, no party files an objection or request for a hearing within 30 days. Requires the child support bureau (bureau), beginning July 1, 2019, to notify both parties of each party’s right to request a modification of the child support order not later than fifteen (15) days after learning that an obligor in a Title IV-D case is or may be incarcerated for a period of at least one hundred eighty (180) calendar days. Requires a prosecuting attorney or private attorney entering into an agreement or a contract with the bureau to review all requests for modification of child support due to the incarceration of an obligor within an open Title IV-D case and, if appropriate, file a petition for modification of child support and proposed order in the appropriate court.

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