Either parent may request that DCS review the child support order in their case. DCS will refer the case to our office for modification if the case should be filed in San Juan County Superior Court and:
At least 35 months have passed since your order was entered and since DCS last reviewed your order for modification
DCS know where both parties live
The proposed change in child support is at least 25% and $100 per month above or below the current support amount. The change must equal at least $2,400 over the life of the child support order
DCS will also refer to our office cases which do not meet the above criteria if the proposed child support change, if paid, provides enough income to keep a family off of public assistance.
When our office receives a modification case from DCS, we gather financial information from both parents. Based on this information, we propose a new current monthly child support obligation using the state child support guidelines.
Our child support proposal will consider health insurance provisions and day care costs for the child.
In most cases, we are able to reach agreement with the mother and father on most major issues in the case. The judge at the final hearing decides the unresolved issues.