Page:United States Statutes at Large Volume 110 Part 3.djvu/509

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PUBLIC LAW 104-193—AUG. 22, 1996 110 STAT. 2239 (5) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended by striking all that follows subparagraph (J), as added by paragraph (4). (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall be effective with respect to fiscal year 1997 and succeeding fiscal years. Subtitle F—Establishment and Modification of Support Orders SEC. 351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS. Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to read as follows: "(10) REVIEW AND ADJUSTMENT OF SUPPORT ORDERS UPON REQUEST. — " (A) 3-YEAR CYCLE.— "(i) IN GENERAL. —Procedures under which every 3 years (or such shorter cycle as the State may determine), upon the request of either parent, or, if there is em assignment under part A, upon the request of the State agency under the State plan or of either parent, the State shall with respect to a support order being enforced under this part, taking into account the best interests of the child involved— "(I) review and, if appropriate, adjust the order in accordance with the guidelines established pursuant to section 467(a) if the amount of the child support award under the order differs from the amount that would be awarded in accordance with the guidelines; "(II) apply a cost-of-living adjustment to the order in accordance with a formula developed by the State; or "(III) use automated methods (including automated comparisons with wage or State income tax data) to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the appropriate adjustment to the orders eligible for adjustment under any threshold that may be established by the State. " (ii) OPPORTUNITY TO REQUEST REVIEW OF ADJUST- MENT. —I f the State elects to conduct the review under subclause (II) or (III) of clause (i), procedures which permit either party to contest the adjustment, within 30 days after the date of the notice of the adjustment, by making a request for review and, if appropriate, adjustment of the order in accordance with the child support guidelines established pursuant to section 467(a). "(iii) No PROOF OF CHANGE IN CIRCUMSTANCES NECESSARY IN 3-YEAR CYCLE REVIEW. —Procedures which provide that any adjustment under clause (i) shall be made without a requirement for proof or showing of a chsoige in circumstances.