DMR.6.9.010 Request for Review/Modification/Suspension of Child Support Due to Incarceration

(a) Upon request of an incarcerated payer whose anticipated future period of incarceration is twelve (12) months or more, LCO Child Support Services shall evaluate his or her case(s) to determine whether a review and adjustment is appropriate.

(1) LCO Child Support Services may elect to review cases if the incarcerated payer does not make the initial request.

(2) LCO Child Support Services may elect to review cases if the period of incarceration is less than twelve (12) months.

(b) Regardless of the length of incarceration, LCO Child Support Services shall not evaluate the case for review and adjustment if any of the following statements apply:

(1) The payer is incarcerated for nonpayment of child support,

(2) The payer is incarcerated for a crime committed against any child, or

(3) The payer is incarcerated for a crime committed against a party in the child support case.

(c) An incarcerated non-custodial parent may make his or her own motion to the Court for modification of child support due to his or her incarceration.