Home Table of Contents

§ 115540. Presumption.

22 CA ADC § 115540Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 22. Social Security
Division 13. Department of Child Support Services
Chapter 5. Review and Adjustment of Child Support Orders
22 CCR § 115540
§ 115540. Presumption.
Currentness
(a) The local child support agency shall presume the amount of the support is altered, upward or downward, by at least 20% or $50, whichever is less, if all of the following are met:
(1) A party fails to return the requested income and expense Judicial Council forms and requested documents within 20 business days from the date of the written notice as set forth in Section 115510(f)(6), or Section 115525.
(2) The local child support agency provided the written notice either by personal delivery to the party, or by mail to the party's “last known address”, and the information was not returned to the local child support agency as undeliverable.
(3) The local child support agency has no current income and expense information for the party in the case file.
(4) The local child support agency is unable to obtain information on the party through automated locate tools and the Federal Case Registry.
(5) The income and expense Judicial Council forms and requested documents, provided by either the requesting party as set forth in Section 115510(f)(6), or a party as set forth in Section 115525, or a verified change in circumstance as set forth in Section 115530 suggests a change in the amount of the child support order, upward or downward, by at least 20% or $50, whichever is less.

Credits

Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 17304, Family Code; 42 U.S.C. 666(a)(10); and 45 CFR 302.70(a)(10) and 303.8.
History
1. New section filed 9-13-2004; operative 10-13-2004 (Register 2004, No. 38).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 22, § 115540, 22 CA ADC § 115540
End of Document