(a)
Purpose. The primary purpose of a child support review hearing is to give the parties and the Court an opportunity to ensure that child support payments are being made as provided in the order. Either party may also
(b)
Timing. A mandatory review hearing shall be scheduled three (3) months after the child support order was issued. Thereafter, review hearings shall be scheduled every twelve months after the child support order was issued. The date for the first review hearing shall be set by the Court at the time the order is issued and no further notice of that hearing is necessary. The Port Gamble S’Klallam Child Support Program shall notify the Court when it is time to schedule the annual review hearing for each case. The Court may order additional review hearings if it is necessary.
(c)
Waiver. Except for the first, mandatory review hearing, a review hearing may be waived if both parties file a request to waive the hearing and the Port Gamble S’Klallam Child Support Program agrees to the waiver. The Court may waive the first mandatory review hearing at the request of the Port Gamble S’Klallam Child Support Program or either party in the case of a $0.00 child support order.
(d)
Enforcement of Child Support Order. If child support payments have not been made as required by the order, the Port Gamble S’Klallam Child Support Program shall make a recommendation to the Court regarding appropriate enforcement of the child support order. If the Court finds that a child support obligation is overdue or if there is a history of non-compliance with the order, the Court shall order wage withholding or other means of enforcement, as provided in sections 21.03.51 and 21.03.56.
(e)
Modification of Child Support Order. Review hearings are not intended to be annual modification hearings. However, a party may file a motion for modification, as provided in section 21.03.43 prior to the review hearing and, if timely filed, the Court may schedule a hearing on modification at the same time as the review hearing.
(f)
Payment for Extraordinary Medical Expenses. The Court may order the paying party to make payment(s) in addition to the regular child support payments upon presentation of receipts or other proper proof that the child has had extraordinary medical expenses as provided in section 21.03.31 (d). Adjustments may be added to future payments, provided that no total monthly payment may exceed the upper limit of the scheduled range for the income of the paying party.
(g)
Reimbursement. Upon presentation of receipts or other proper proof, the Court may order:
(i)
Reimbursement to the paying party for work-related day care expenses paid but not utilized by the receiving party for work or work-related activities;
(ii)
Repayment to the Tribe by the party who received child support on behalf of a child who stopped residing for a month or longer with the that party, if payment was originally made to the Tribe.
Overpayment reimbursement shall be applied first to arrears owed. If no arrears are owed, the reimbursement may be paid directly or applied as a credit against future support.
(h)
Suspension. Upon the request of a party or the Port Gamble S’Klallam Child Support Program, the Court may temporarily suspend a party’s child support obligation based on the agreement of the parties, a change in legal or physical custody of a child, a temporary change in income, placement of a child in a healthcare treatment facility, or for other good cause shown. A suspension of a child support obligation shall be temporary, and shall not exceed six (6) months. If the Court temporarily suspends a child support obligation, the Court shall set a review hearing not more than six (6) months from the effective date of the suspension. The six (6) month period may be continued for good cause.
(Res. 01 A 117, 12/11/2001, adopted Title 21 on an interim basis; Res. 02 A 098, 9/10/2002, adopted Title 21 as permanent legislation; amended by Res. 22-A-138, 8/22/2022, to provide parties the opportunity to waive a review hearing in the case of a $0 child support order, eliminate duplicative and potentially conflicting language, and to codify the Program and Court practice of suspending a child support obligation under certain circumstances.)