Change provisions relating to the review and modification of an incarcerated parent’s child support order

Faster support reviews for incarcerated parents

The law requires DHHS to start a review within 15 business days after it learns a noncustodial parent will be in jail or prison for more than 180 days. DHHS mails notice to both parents and to the facility address and administrator. Parents must send verifiable financial information within 30 days of the notice. DHHS must finish the review and tell both parents within 120 calendar days of learning about the incarceration. If DHHS first finds no decrease is warranted, the incarcerated parent gets a conference within 30 days, in person or virtual. DHHS mails the findings and conference details. You may send extra evidence at least 10 business days before the conference, or waive at least 5 business days before. DHHS makes a final decision within 30 days after the conference or waiver and mails it to both parents and the facility. This final decision is not a formal administrative hearing. Also, when any parent asks for a review, or DHHS starts one, DHHS must mail each parent a notice 30 days before the review and request financial papers.