§571-51.5 - Modification of support and visitation decrees.
§571-51.5 Modification of support and
visitation decrees. (a) The special court trustee may assist any parent,
guardian, or custodian materially affected by a court order or decree with the
modification of any provision of the order or decree pertaining to support
payments or with the enforcement of visitation rights; provided the special
court trustee may assist in modifying support payments only upon finding, after
investigation, reasonable cause to believe that the relative financial
condition between the obligor and the person who receives the child support
payments has substantially changed. For purposes of this section, such a
substantial change has occurred if:
(1) The obligor has involuntarily suffered a material
reduction in financial resources; or
(2) The person who receives child support payments
has enjoyed a material increase in financial resources.
(b) The special court trustee may conduct an
investigation for the purposes of subsection (a) where a person notifies the
special court trustee that the relative financial condition between the obligor
and the person who receives the child support payments has substantially
changed.
(c) The special court trustee may utilize the
services of public or private social agencies in conducting investigations
under this section and in making the written findings to the court. Such
written findings shall be received in evidence under the same conditions as
would those of the special court trustee.
(d) The special court trustee shall submit
findings and recommendations pertaining to the modification of support payments
or enforcement of visitation rights in writing to the court after investigation
under subsection (b). The special court trustee shall provide copies of the
findings and recommendations to all persons materially affected by the proposed
modification or enforcement. Any person materially affected by the proposed
modification or enforcement who opposes the findings and recommendations shall
file a written objection with the court or the clerk of the court no later than
fifteen days after receipt of the findings and recommendations.
(e) When warranted, the court shall hold a
hearing on the recommendations of the special court trustee no later than
thirty days after the expiration of the fifteen-day period under subsection
(d).
(f) Whenever the court, in accordance with
this section, approves in full or in part the recommendations of the special
court trustee, the court, within a period of not more than ten days after the
hearing, shall modify the decree or order to reflect the approved
recommendations.
(g) Court costs, service fees, and the
expenses of any investigation conducted by the special court trustee, in the
discretion of the court, may be assessed wholly or partially against any
parent, guardian, or custodian.
(h) Nothing in this section shall be construed
to the effect that child support and visitation compliance be conditioned upon
each other. Each shall be treated as an independent right of the child as well
as of a parent. [L 1986, c 332, §27; am L 1989, c 261, §18]