454.498. Director's duty to modify a child support order--automated methods used for eligibility for modification.
Director's duty to modify a child support order--automated methodsused for eligibility for modification.
454.498. 1. Notwithstanding section 452.370, RSMo, and sections454.496 and 454.500, or any other section requiring a showing ofsubstantial and continuing change in circumstances to the contrary, and asprovided for in subdivision (13) of subsection 2 of section 454.400 andtaking into account the best interest of the child, the director shall:
(1) Modify, if appropriate, a support order being enforced underTitle IV-D of the Social Security Act in accordance with the guidelines andcriteria set forth in supreme court rule 88.01 if the amount in the currentorder differs from the amount that would be awarded in accordance with suchguidelines; or
(2) Use automated methods (including automated comparisons with wageor state income tax data) to identify orders eligible for review, conductthe review, identify orders eligible for adjustment and apply theadjustment to the orders eligible for adjustment under any threshold thatmay be established by the state.
2. If the division conducts a review pursuant to subdivision (2) ofsubsection 1 of this section, either party to the order may contest theadjustment within thirty days after the date of the notice of adjustment byrequesting, if appropriate, a review and modification in accordance withthe guidelines and criteria set forth in supreme court rule 88.01. If thereview is timely requested, the division shall review and modify the order,if appropriate, in accordance with supreme court rule 88.01. The divisionmay conduct a review pursuant to subdivision (2) of subsection 1 of thissection only if the division is unable to conduct a review pursuant tosubdivision (1) of subsection 1 of this section.
3. The division may review and adjust a support order upon requestoutside the three-year cycle only upon a demonstration by the requestingparty of a substantial change in circumstances which shall be determined bythe division. If the division determines that an adjustment shall not bemade, the division shall, within fourteen days, mail notice of suchdetermination to the parents or other child support agency, if any.
(L. 1997 S.B. 361)Effective 7-1-97