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.
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