Hawaii Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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FAQ
Hawaii's statute of limitations for child support enforcement is the child's 33rd birthday or 10 years after the judgement was entered, whichever is later.
The person wanting the change may request that the Hawaii Child Support Enforcement Agency (CSEA) initiate a modification action.
For order modification, the request for an administrative hearing must be made within thirty (30) days of being served with the proposed administrative order. When a request for an administrative hearing is received, a hearing is scheduled only when both parties have been served.
The request must be made in writing and the requestor must have completed an application for CSEA services. Both methods require that the requestor provide the reason for the request including the change in circumstances from the time the last order was entered, if the order is less than three (3) years old.
The short answer is ? generally no. As discussed above, the formula looks at the gross monthly incomes of both parties, then factors in medical insurance premiums and child care expenses. In situations where one party is also paying alimony to the other party, that amount will be factored in as well.
To begin the modification process, you must file a motion for modification with the court. This motion should include a detailed explanation of the changes in circumstances and how they warrant a modification. Working with an experienced family law attorney is important to ensure your motion is filed correctly.
On a request by either party (the payor/?Responsible Parent? or the payee/?Custodial Parent?) to modify child support, CSEA's Administrative Processing Branch (?APB?) will send out income verification forms to both sides, requesting information on their individual incomes.
Hawaii child support is based on the number of overnight visits. Hawaii uses overnights or where the children sleep as the basis for figuring shared custody timeshare percentages in its child support formula. Besides income, overnight totals are a key part of the Hawaii child support formula.
