§576E-14  Modification, suspension, or
termination of court and administrative orders.  (a)  The
responsible parent, the agency, or the person having custody of the dependent
child may file a request for suspension, termination, or modification of the
child support provisions of a Hawaii court or administrative order with the
agency.  Such request shall be in writing, shall set forth the reasons for
suspension, termination, or modification, including the change in circumstances
since the date of the entry of the order, and shall state the address of the
requesting party.  The agency shall thereafter commence a review of the order
and, if appropriate, shall commence administrative proceedings pursuant to
sections 576E-5 through 576E-9.  The need to provide for the child's health
care needs through health insurance or other means shall be a basis for the
agency to commence administrative proceedings pursuant to section 576E-5.



(b)  Only payments accruing subsequent to
service of the request on all parties may be modified, and only upon a showing
of a substantial and material change of circumstances.  The agency shall not be
stayed from enforcement of the existing order pending the outcome of the
hearing on the request to modify.



(c)  The establishment of the guidelines or the
adoption of any modifications made to the guidelines set forth in section
576D-7 may constitute a change in circumstances sufficient to permit review of
the support order.  A material change of circumstances will be presumed if
support as calculated pursuant to the guidelines is either ten per cent greater
or less than the support amount in the outstanding support order.  The most
current guidelines shall be used to calculate the amount of the child support
obligation.



(d)  The responsible parent or custodial parent
shall have a right to petition the family court or the child support
enforcement agency not more than once every three years for review and
adjustment of the child support order without having to show a change in
circumstances.  The responsible or custodial parent shall not be precluded from
petitioning the family court or the child support enforcement agency for review
and adjustment of child support more than once in any three-year period if the
second or subsequent request is supported by proof of a substantial or material
change of circumstances.



(e)  Upon satisfaction of a responsible
parent's support obligation toward the dependent child and the State, the
agency or hearings officer without application of any party may issue an order
terminating child support and may concurrently, if applicable, issue an order
terminating existing assignments against the responsible parent's income and
income withholding orders.



(f)  In those cases where child support
payments are to continue due to the adult child's pursuance of education, the
agency, at least three months prior to the adult child's nineteenth birthday,
shall send notice by regular mail to the adult child and the custodial parent
that prospective child support will be suspended unless proof is provided by
the custodial parent or adult child to the child support enforcement agency,
prior to the child's nineteenth birthday, that the child is presently enrolled
as a full-time student in school or has been accepted into and plans to attend
as a full-time student for the next semester a post-high school university,
college or vocational school.  If the custodial parent or adult child fails to
do so, prospective child support payments may be automatically suspended by the
child support enforcement agency upon the child reaching the age of nineteen
years.  In addition, if applicable, the agency or hearings officer may issue an
order terminating existing assignments against the responsible parent's income
and income assignment orders. [L 1988, c 154, pt of §2; am L 1990, c 176, §20;
am L 1991, c 216, §2; am L 1992, c 115, §2 and c 212, §2; am L 1997, c 293, §37
and c 294, §4]



 



Case Notes



 



  Subsection (b) did not apply to case where no request for
modification of an existing order was filed with the agency and any request
would have had to have been with respect to a preexisting court or agency
order, neither of which existed in the case.  96 H. 1, 25 P.3d 60.