PURPOSE: This rule specifies guidelines for the Division of Child Support Enforcement’s use in determining support amounts when establishing or modifying child support obligations.

1. (1) General Provisions.

   1. (A) Definitions. As used in this rule—

      1. 1. Director means the director of the

Division of Child Support Enforcement or his/her designee; and

1. 2. Gross income means income from

any source, except as excluded as follows, and includes, but is not limited to, income from salaries, wages, overtime compensation, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, retirement benefits, Workers’ Compensation benefits, unemployment compensation benefits, disability insurance benefits and spousal support actually received from a person not a party to the order. For income from rent, royalties, self-employment, proprietorship of a business or joint ownership of a partnership or closely held corporation, gross income means gross receipts minus ordinary and necessary expenses required to produce that income, not including amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits. For individuals who are unemployed or underemployed, child support may be calculated in appropriate circumstances based on a determination of potential income, except the director shall not impute income to a custodial parent if the noncustodial parent’s monthly gross income is seven hundred dollars ($700) or less. To determine potential income, the director may consider employment potential and probable earnings level based on the parent’s recent work history, occupational qualifications, prevailing job opportunities in the community and whether that parent is custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. Gross income does not include child support received for other children or benefits received from means-tested public assistance programs, including, but not limited to, Aid to Families with Dependent Children (AFDC) benefits, Medicaid benefits, Supplemental Security Income benefits, Food Stamps and General Assistance benefits.

1. (2) Child Support Guideline. When the director is seeking to establish a current child support obligation under sections 454.460— 454.510, RSMo, the director shall—

   1. (A) Determine from a reliable source the custodial and noncustodial parents’ gross monthly incomes. Reliable sources include, but are not limited to, income statements the parents have prepared themselves, information contained in the records of other state and federal agencies, tax returns and pay stubs or other reports from the parents’ employers;

   2. (B) Adjust the gross income if the parent is providing custodial care to his/her natural or adopted child(ren) not subject to the order, by reducing his/her gross income by the amount of child support s/he would be ordered to pay under this rule for the number of children in his/her custody. However, the director shall make no such adjustment to the parental income—

      1. 1. In a modification review pursuant to

13 CSR 30-5.020 for any parent who requested the review unless paragraph (3)(B)9. of this rule applies; or

1. 2. If a child support order exists for the

other child(ren);

1. (C) Adjust the gross income of a parent who has been ordered to pay child and spousal support or child or spousal support for the child(ren) not the subject of the instant proceeding and who actually is complying with the order(s). The adjustment will be limited to the amount of current support contained in the preexisting order;
2. (D) Determine the preliminary child support obligation of the two (2) parents by combining their adjusted gross incomes and referring to Table I. For combined income amounts falling between the fifty-dollar ($50) increments in the table, the income will be rounded down to the nearest fifty-dollar ($50) increment for amounts at the midpoint between the increments or below, or rounded up to the next fifty-dollar ($50) increment for amounts one cent ($.01) above the midpoint between the increments or higher. For each additional child beyond the six (6) children for whom child support is computed in Table I, add the dollar difference between the amounts listed in the columns for five (5) and six (6) children in the appropriate combined income row to the obligation amount in the column for six (6) children. The number of children used in determining the obligation will include only those children for whom the parents share a joint legal duty of support and 13 CSR 30-5

for whom support is being sought in the instant proceeding;

1. (E) Determine the cost of any reasonable child care costs incurred by the custodial parent due to employment or specific job training, less any available federal income tax credit, and add to the basic support obligation. Child care costs shall be deemed reasonable if they do not exceed the maximum amount the Division of Family Services pays a daycare services provider in the county in which the child(ren) resides, and any amount claimed in excess will not be credited;
2. (F) Determine any amount actually paid by either parent, or deducted from either parent’s paycheck, on a monthly basis for health insurance benefits for the child(ren) subject to the order. If the portion of the premium actually attributable to the child(ren) subject to the order is not available or cannot be verified, the total monthly cost of the premium will be divided by the total number of persons covered by the policy and then multiplied by the number of children covered by the policy who are subject to the order;
3. (G) Determine the amount of any extraordinary uninsured medical expenses for the child(ren) subject to the order. An uninsured medical expense will be deemed extraordinary if it exceeds one hundred dollars ($100) for a single occurrence and if the condition will exist for at least one (1) year. These expenses include, but are not limited to, costs that are reasonably necessary for dental treatment, asthma treatment, physical therapy, professional counseling or psychiatric therapy and any other long-term health problem;
4. (H) Determine each parent’s share of the preliminary child support obligation by multiplying the preliminary child support obligation by each parent’s proportionate share of their combined adjusted income. The noncustodial parent’s share will be his/her basic child support obligation. The custodial parent shall be presumed to spend his/her share directly on the child(ren);
5. (I) Determine the monthly amount the noncustodial parent pays for health insurance for the child(ren) subject to the order, if any. Prorate an annual or semiannual amount to a monthly amount if necessary. If the exact amount attributable to the child(ren) subject to the order cannot be determined, divide the amount of the monthly insurance payment by the number of persons covered by the amount and multiply the result by the number of children subject to the order; and
6. (J) Determine the noncustodial parent’s total presumed child support obligation by computing the sum of the noncustodial parent’s basic child support obligation and any adjustments made under subsections (2)(E)–(H) and subtracting any adjustment made under subsection (2)(I).

1. (3) Rebuttable Presumption. The presumption is that the amount of child support as calculated in subsections (2)(A)–(J) is the amount of child support to be awarded in any administrative proceeding for child support. This presumption can be rebutted in a particular case if the director enters in the case a written finding that the amount so calculated, after consideration of all relevant factors, is unjust or inappropriate. In addition the director must state the child support amount determined under subsections (2)(A)–(J) and how the ordered amount varies from the presumed amount.

   1. (A) Relevant factors for consideration to rebut the presumption are—

      1. 1. The financial resources and needs of

the child;

1. 2. The financial resources and needs of

the parents;

1. 3. The standard of living the child would

have enjoyed had the marriage not been dissolved;

1. 4. The physical and emotional condition

of the child; and

1. 5. The educational needs of the child.

2. (B) The director may rebut the presumed child support amount determined under subsections (2)(A)–(J), if s/he makes a finding that one (1) of the following circumstances exist which makes the guidelines amount unjust and inappropriate:

   1. 1. A child of the order has other income

available that is not derived from the child’s special needs;

1. 2. A parent has significant, extraordi-

nary medical expenses for him/herself or for a relative by blood or marriage other than a child of the order;

1. 3. A parent is under a Chapter 13 bank-

ruptcy plan;

1. 4. The Division of Family Services has

determined in a foster care case that the presumed child support amount is not in the best interest of the child;

1. 5. The parents’ combined income is

more than the maximum income shown in Table I.

1. 6. The noncustodial parent’s share of the

presumed child support amount plus the average of the noncustodial parent’s verified expenses for rent or mortgage payment, electricity, natural or propane gas, water and basic telephone service for the six (6)-month period preceding the review (or fifty percent (50%) of that average expense if the noncustodial parent has a current spouse residing with him/her who is employed or is capable of being employed), equals sixty percent (60%) or more of the noncustodial parent’s monthly gross income;

1. 7. The custodial parent’s share of the

presumed child support amount plus the average of his/her expenses for rent or mortgage payment, electricity, natural or propane gas, water and basic telephone service (or fifty percent (50%) of that average expense if the custodial parent has a current spouse residing with him/her who is employed or is capable of being employed), minus the noncustodial parent’s presumed child support amount, equals sixty percent (60%) or more of the custodial parent’s monthly gross income;

1. 8. The noncustodial parent’s monthly

gross income is seven hundred dollars ($700) or less and the custodial parent’s monthly gross income is one dollar ($1) or more (actual or imputed); or

1. 9. In a modification review pursuant to

13 CSR 30-5.020 if the parent is providing custodial care to his/her natural or adopted child(ren) not subject to the order being reviewed, the child(ren) was/were considered in the adjustment of gross income when the original child support obligation was established, and no child support order exists for the children.

1. (C) The director may adjust the presumed child support amount determined under subsections (2)(A)–(J) as follows:

   1. 1. When s/he makes a finding that any

of the circumstances in paragraphs (3)(B)1.–7. exist, the director may adjust the presumed child support amount by no more than twenty-five percent (25%) upward or downward;

1. 2. When s/he makes a finding that the

circumstance in paragraph (3)(B)8. exists, the director may set the child support amount at twenty dollars ($20) per month if the noncustodial parent’s income is three hundred dollars ($300) per month or less, or set the child support amount at fifty dollars ($50) per month if the noncustodial parent’s income is three hundred and one dollars to seven hundred dollars ($301–$700) per month; or

1. 3. When s/he makes a finding that the

circumstances in paragraph (3)(B)9. exist, the director may adjust the gross income of the parent determined under subsection (2)(A) by reducing his/her gross income by the amount of child support s/he would be ordered to pay under this rule for the number of children in his/her custody and set the child support amount pursuant to subsections (2)(C)–(J).

AUTHORITY: section 454.400, RSMo 1994.* Original rule filed Feb. 2, 1988, effective April 11, 1988. Emergency amendment filed Dec. 13, 1989, effective Dec. 23, 1989, expired April 11, 1990. Emergency amendment filed Jan. 17, 1990, effective Jan. 27, 1990, expired Feb. 25, 1990. Amended: Filed Dec. 13, 1989, effective April 26, 1990. Emergency rescission and emergency rule filed March 14, 1994, effective April 1, 1994, expired July 29, 1994. Emergency rescission and emergency rule filed July 27, 1994, effective Aug. 6, 1994, expired Dec. 3, 1994. Rescinded and readopted: Filed March 14, 1994, effective Oct. 30, 1994. Amended; Filed June 15, 1995, effective Dec. 30, 1995. *Original authority 1982, amended 1985, 1986, 1990, 1993. Missouri Child Support Guideline Schedule of Basic Child Support Obligations Combined Gross Monthly Income 300.00 or less 301.00 to 700.00 750.00 800.00 850.00 900.00 950.00 1000.00 1050.00 1100.00 1150.00 1200.00 1250.00 1300.00 1350.00 1400.00 1450.00 1500.00 1550.00 1600.00 1650.00 1700.00 1750.00 1800.00 1850.00 1900.00 1950.00 2000.00 2050.00 2100.00 2150.00 2200.00 2250.00 2300.00 2350.00 2400.00 2450.00 2500.00 2550.00 2600.00 2650.00 2700.00 2750.00 2800.00 2850.00 2900.00 2950.00 3000.00 3050.00 3100.00 3150.00 3200.00 3250.00 3300.00 3350.00 One Two Child Children TABLE I Three Children Children Four 13 CSR 30-5 Five Children Six Children Combined Gross Monthly Income 3400.00 3450.00 3500.00 3550.00 3600.00 3650.00 3700.00 3750.00 3800.00 3850.00 3900.00 3950.00 4000.00 4050.00 4100.00 4150.00 4200.00 4250.00 4300.00 4350.00 4400.00 4450.00 4500.00 4550.00 4600.00 4650.00 4700.00 4750.00 4800.00 4850.00 4900.00 4950.00 5000.00 5050.00 5100.00 5150.00 5200.00 5250.00 5300.00 5350.00 5400.00 5450.00 5500.00 5550.00 5600.00 5650.00 5700.00 5750.00 5800.00 5850.00 5900.00 5950.00 6000.00 6050.00 6100.00 6150.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four Five Children Six Children Combined Gross Monthly Income 6200.00 6250.00 6300.00 6350.00 6400.00 6450.00 6500.00 6550.00 6600.00 6650.00 6700.00 6750.00 6800.00 6850.00 6900.00 6950.00 7000.00 7050.00 7100.00 7150.00 7200.00 7250.00 7300.00 7350.00 7400.00 7450.00 7500.00 7550.00 7600.00 7650.00 7700.00 7750.00 7800.00 7850.00 7900.00 7950.00 8000.00 8050.00 8100.00 8150.00 8200.00 8250.00 8300.00 8350.00 8400.00 8450.00 8500.00 8550.00 8600.00 8650.00 8700.00 8750.00 8800.00 8850.00 8900.00 8950.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four 13 CSR 30-5 Five Children Six Children Combined Gross Monthly Income 9000.00 9050.00 9100.00 9150.00 9200.00 9250.00 9300.00 9350.00 9400.00 9450.00 9500.00 9550.00 9600.00 9650.00 9700.00 9750.00 9800.00 9850.00 9900.00 9950.00 10000.00 10050.00 10100.00 10150.00 10200.00 10250.00 10300.00 10350.00 10400.00 10450.00 10500.00 10550.00 10600.00 10650.00 10700.00 10750.00 10800.00 10850.00 10900.00 10950.00 11000.00 11050.00 11100.00 11150.00 11200.00 11250.00 11300.00 11350.00 11400.00 11450.00 11500.00 11550.00 11600.00 11650.00 11700.00 11750.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four Five Children Six Children Combined Gross Monthly Income 11800.00 11850.00 11900.00 11950.00 12000.00 12050.00 12100.00 12150.00 12200.00 12250.00 12300.00 12350.00 12400.00 12450.00 12500.00 12550.00 12600.00 12650.00 12700.00 12750.00 12800.00 12850.00 12900.00 12950.00 13000.00 13050.00 13100.00 13150.00 13200.00 13250.00 13300.00 13350.00 13400.00 13450.00 13500.00 13550.00 13600.00 13650.00 13700.00 13750.00 13800.00 13850.00 13900.00 13950.00 14000.00 14050.00 14100.00 14150.00 14200.00 14250.00 14300.00 14350.00 14400.00 14450.00 14500.00 14550.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four 13 CSR 30-5 Five Children Six Children Combined Gross Monthly Income 14600.00 14650.00 14700.00 14750.00 14800.00 14850.00 14900.00 14950.00 15000.00 Schedule of Basic Child Support Obligations One Child Children Two Three Children Children Four Five Children Six Children 13 CSR 30-5.010 Child Support Obligation Guidelines PURPOSE: This rule sets forth the guidelines to be followed by the Division of Child Support Enforcement to determine the current amount of support due when establishing or modifying child support obligations. (1) General Provisions. (A) Definitions—as used in this rule: 1. Director means the director of the Division of Child Support Enforcement or his/her designee. 2. Division means the Division of Child Support Enforcement. 3. Form 14 means Missouri Supreme Court Civil Procedure Rule Form 14 and accompanying Schedule of Basic Child Support Obligations. (B) The division shall follow, as its Child Support Obligation Guidelines, Missouri Supreme Court Civil Procedure Rule 88.01 and Missouri Supreme Court Rule Civil Procedure Form 14 and the accompanying Schedule of Basic Child Support Obligations. (2) Specific Provisions and Deviation Criteria. (A) Determining and Imputing Income. 1. The division will generally include overtime, secondary employment, and bonus income when determining gross income. 2. Past earnings information may be used to impute income. Information on previous earnings may be obtained from the following sources, including, but not limited to, Division of Employment Security computer screens, Internal Revenue Service, past employers, tax returns, and wage stubs. 3. When income information is not available, and information regarding the parent’s normal occupation or educational level is known, or special skills which qualify him/her to maintain specific jobs, income may be imputed based on probable earnings levels for his/her usual occupation, qualifications, and prevailing job opportunities and wages in the parent’s community. This information may be obtained from sources including, but not limited to, the Department of Labor and Industrial Relations, local unions, or employers in the area. 4. Income may be imputed to a parent who is unemployed or underemployed based on the determination of the parent’s potential to earn income. A parent whose actual income cannot be determined or who has no income will be imputed income as follows: A. A parent who is not currently employed, whether or not he has a work history, and is now disabled and unable to work, or has a child at home whose condition or circumstance requires a parent’s presence in the home, will be imputed zero income. B. A parent who has no work history and has a child in the home under the age of six years will be imputed zero income. C. A parent who has no work history and has a child at home between the ages of six and twelve years, will be imputed parttime (20 hours per week) at federal minimum wage. D. A parent with no work history, and no children under age 13, full-time (40 hours per week) at federal minimum wage will be imputed. (B) A support order for a non-parent caretaker relative, or a foster care case, will be completed using separate Form 14s for each parent’s case, listing on one Form 14 the mother as the parent paying support and on the second Form 14, the father as the parent paying support. (C) A presumed child support amount equal to zero or less than zero will be entered as an obligation of zero. (D) The parents must provide information (court orders, pay records, previous Form 14s, check stubs, etc.) regarding other child support obligations, spousal obligations, insurance, and child care, for credit on the Form 14. (E) Neither parent will be considered the moving party if the division or a non-parent caretaker relative initiates the modification. Both parents will be given credit for any other court or administrative order of child or spousal support which he/she is paying or for other natural or adopted children not subject to this proceeding. (F) To include extraordinary medical or child-rearing costs, it must be ordered by the court or an agreement in writing of the amount of any extraordinary medical or child rearing costs to be included on the Form 14 must be signed by both parents and provided to the division. (G) Adjustment for periods of overnight visitation will be given up to the amount of visitation that has been court-ordered. If the non-custodial parent visits the child less than the amount granted in the court order, he/she will only receive credit for the overnight visits actually exercised. The parents must provide evidence concerning the amount of time actually exercised in court-ordered visitations. 1. Number of overnight periods—Less than 36/Adjustment 0% 2. Number of overnight periods— 36–72/Adjustment 6% 3. Number of overnight periods— 73–91/Adjustment 9% 13 CSR 30-5 4. Number of overnight periods— 91–145/Adjustment 10% (H) Deviation. If it is determined the presumed child support amount is unjust and inappropriate, the division may deviate based on the criteria in the directions for completion of the Form 14 for one of the following reasons: 1. A parent is under a Chapter 13 Bankruptcy plan. 2. The Division of Family Services determines that in a foster care case the child support amount is not in the best interest of the child. The Division of Family Services staff must provide the reason in writing. 3. The parent obligated to pay support claims to the division an inability to pay the presumed child support amount because the parent’s reasonable shelter expenses, or onehalf of the shelter expenses if another person resides with the parent and assists in these expenses, and the child support total 60% or more of the parent’s gross monthly income. The parent to whom support is due claims the child support amount is too low and that parent’s share of the total child support and his/her reasonable shelter expenses, or onehalf of the shelter expenses if another person resides with and assists in these expenses, minus the presumed child support of the parent obligated to pay support equals 60% or more of his/her gross income. 4. The division may deviate to adjust the presumed child support amount up to 25% if any of the above factors exist. 5. If the amount of overnight visitation exceeds 146 nights, the division may determine the children are spending substantially equal time with both parents, which may require a deviation from the presumed child support amount. 6. If the total amount of children on the order exceeds six, the division will add to the amount determined by the guidelines for six children, the difference between the amount for five children and six children and add that amount for each additional child. AUTHORITY: section 454.400, RSMo Supp. 1999.* Original rule filed Feb. 2, 1988, effective April 11, 1988. Emergency amendment filed Dec. 13, 1989, effective Dec. 23, 1989, expired April 11, 1990. Emergency amendment filed Jan. 17, 1990, effective Jan. 27, 1990, expired Feb. 25, 1990. Amended: Filed Dec. 13, 1989, effective April 26, 1990. Emergency rescission and emergency rule filed March 14, 1994, effective April 1, 1994, expired July 29, 1994. Emergency rescission and emergency rule filed July 27, 1994, effective Aug. 6, 1994, expired Dec. 3, 1994. Rescinded and readopted: Filed March 14, 1994, effective Oct. 30, 1994. Amended; Filed June 15, 1995, effective Dec. 30, 1995. Readopted: Filed May 17, 2000, effective Dec. 30, 2000. *Original authority: 454.400, RSMo 1982, amended 1985, 1986, 1990, 1993, 1995, 1997. 13 CSR 30-5.020 Review and Modification of Child Support Orders PURPOSE: This rule sets forth the Division of Child Support Enforce-ment’s procedures for review and modification of existing child support orders in accordance with sections 454.400, RSMo and 454.500, RSMo and 42 U.S.C. 666. Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law. (1) Definitions. As used in this rule— (A) Administrative order means a child support order established through the administrative process in accordance with sections 454.470—454.520, RSMo; (B) Aid to Families with Dependent Children (AFDC) case means a case in which a parent has assigned to the state his/her rights to support as a condition of eligibility for public assistance under Title IV-A of the Social Security Act; (C) Division means the Missouri Division of Child Support Enforcement; (D) Interstate case means a case in which one (1) or both of the parties subject to a child support order do not reside in Missouri; (E) Medicaid case means a case in which a parent has assigned to the state his/her rights to medical support to receive public assistance, but has not assigned to the state his/her rights to child support; (F) Parent means the obligated parent or the custodial parent or caretaker who is receiving child support enforcement services; and (G) Review means an objective evaluation of complete, accurate, up-to-date information necessary for application of the child support guidelines and criteria for support set forth in Missouri Supreme Court Rule 88.01. (2) Review. (A) Any child support obligation being enforced by the division shall be reviewed by the division at its own request, or at the request of the child support agency of another state, or upon the written request of either parent subject to the order. (B) The division shall review the following cases, at its own request, no less frequently than once every thirty-six (36) months from the date the order was established, last reviewed or modified: 1. AFDC cases with child support orders; and 2. Medicaid cases with child support orders that lack medical support provisions. (C) The division shall review the support order to determine the amount of difference between the ordered amount and a proposed amount calculated on current financial information in accordance with the guidelines and criteria for support set forth in Missouri Supreme Court Rule 88.01. (D) The division will seek a modification if the review indicates that one (1), or both, of the following conditions exist: 1. The case meets the modification threshold requirements of section 452.370 or 454.500, RSMo; or 2. The child support obligation does not contain a provision for health insurance coverage by the obligated parent and the children are not covered under a health benefit plan, other than Medicaid, by the custodial parent. (E) A review shall be conducted no less frequently than once every thirty-six (36) months from the date the order was established, last reviewed or modified, or the date a review terminated pursuant to subsection (7)(B) of this rule, when the review is being conducted at the request of either parent. A review may be conducted earlier than thirtysix (36) months at the request of a parent, or the division in an AFDC or Medicaid case, if— 1. A child should be added to an admin- istrative order; 2. A child should be removed from a general order, whether administrative or judicial; 3. The requesting party submits infor- mation that shows, or a sworn statement that alleges, there has been a fifty percent (50%) or more change in income of either party to the order, and the division determines that the circumstances that caused the change have existed for at least three (3) months, and that it is reasonably likely they will remain unchanged for another six (6) months or longer; 4. A health insurance provision should be added to an administrative or judicial order; or 5. A child support obligation should be added to an administrative or judicial order and— A. The order only addresses a health insurance obligation; or B. The order specifically states that no child support is ordered; or C. The court specifically reserved or retained jurisdiction of the child support issue in the order. (3) Notices. (A) The division shall notify, in writing, each parent subject to a child support order— 1. Of the right to request a review of the order; 2. Of any proposed review at least thir- ty (30) calendar days before commencement of review; and 3. Of the proposed modification (or determination that there should be no change) in the order, and of his/her right to initiate proceedings to challenge the modification or determination within thirty (30) calendar days after notification. (B) Paragraph (3)(A)1. of this rule shall become effective on October 1, 1993. (C) The division shall mail all notices required in this section to the last-known address of each parent subject to a child support order, except that the division can provide the notice required by paragraph (3)(A)1. of this rule either by sending a one (1)-time mailing or by including the notice in the child support order. (4) Financial Information. (A) Both parents subject to the order to be reviewed shall provide financial information and verification of income within ten (10) calendar days after the date the division mails a written request for the information. Documents verifying income shall include, but not be limited to, the following: copies of federal and state income tax returns, W-2 statements, pay stubs or a signed statement from an employer or other source of income. If the division is unable to obtain financial information concerning the nonrequesting parent, it may request the other parent to provide the financial information if that parent is able to do so. (B) The division may use all other resources normally accessed to obtain the parents’ financial information. (5) Best Interests of the Child. If the custodial parent or caretaker has assigned his/her support rights as a recipient of benefits under the AFDC, alternative care or Medicaid programs, and the Division of Family Services has made a finding of good cause and determined that support enforcement may not proceed without risk, a review of the support order will not be considered in the best interests of the child and the review will not be conducted unless one (1) of the parents requests the review. (6) Denying Requests. (A) A request for review by a parent subject to the order may be denied for the following reasons: 1. The location of the nonrequesting parent is unknown at the time the request is made; 2. It has been less than thirty-six (36) months since the entry date of the support order or most recent modification, or last completed review, whichever is later, or it has been less than thirty-six (36) months since a review or modification action was terminated pursuant to subsection (7)(B) of this rule. However, a review may be conducted earlier than thirty-six (36) months if the case meets criteria for earlier review set forth in subsection (2)(E) of this rule; 3. The division is not providing services with respect to the order for which the review has been requested; 4. The request is for the purpose of modifying custody or visitation rights; 5. The request is for the sole purpose of modifying the amount of delinquent support that has accrued under a support order; 6. The request is for the purpose of modifying the amount of spousal support under a support order; and 7. The request is for the review of a tem- porary support order. (B) A request for review of an order in an interstate case may be denied if— 1. Neither party of the order resides in Missouri and the division is not enforcing the order; or 2. The order is not filed with a Missouri court. (7) Withdrawing Requests. (A) The division will consider the writ- ten withdrawal of the parent who requested a review pursuant to subsection (2)(E) of this rule if the withdrawal is submitted after the division acknowledged the request for review, but no later than— 1. Thirty (30) calendar days after ser- vice of process is achieved on a motion to modify filed pursuant to sections 454.496 and 454.500, RSMo, if neither party requested an administrative hearing; or 2. The date of the administrative hearing if either party requested an administrative hearing within thirty (30) calendar days after service of process was achieved on a motion to modify filed pursuant to sections 454.496 and 454.500, RSMo. (B) Upon receiving a withdrawal pursuant to subsection (7)(A) of this rule, the division will notify the nonrequesting parent of the withdrawal. The nonrequesting parent will have ten (10) calendar days from the date of notice to contact the division in writing— 1. If the nonrequesting parent protests the withdrawal, the division will notify the requesting parent of the protest and will continue the review or modification of the order; or 2. If the nonrequesting parent agrees to the withdrawal, either in writing or by his/her failure to contact the division in writing within ten (10) calendar days, the division will terminate all actions to review or modify the order. (C) If the division terminates a review or modification action pursuant to subsection (7)(B) of this rule, the division will not accept from either parent a request to review the order earlier than thirty-six (36) months from the date the action was terminated, unless the case meets criteria for earlier review set forth in subsection (2)(E) of this rule. (8) Modifications. (A) For modification of an administrative order— 1. The division shall inform the obligat- ed parent of the review results and obtain a consent order for the new terms; or 2. The obligated parent, custodial parent or caretaker, or the division may file a motion to modify pursuant to section 454.500, RSMo. (B) For modification of a judicial order— 1. The division shall serve the obligee and the obligor with a motion to modify pursuant to section 454.496, RSMo; or 2. The division, at its discretion may refer the case to the prosecuting attorney in the county that issued the order or to another attorney under contract to the division to petition the court for a modification of the order. AUTHORITY: section 454.400, RSMo 1994.* Original rule filed Dec. 24, 1990, effective June 10, 1991. Emergency amendment filed Dec. 2, 1991, effective Dec. 16, 1991, expired April 13, 1992. Amended: Filed Dec. 2, 1991, effective April 9, 1992. Emergency amendment filed May 14, 1993, effective May 24, 1993, expired Sept. 20, 1993. Emergency amendment filed July 28, 1993, effective Sept. 21, 1993, expired Jan. 18, 1994. Amended: Filed May 14, 1993, effective Nov. 8, 1993. Emergency amendment filed Dec. 13, 1993, effective Dec. 23, 1993, expired 13 CSR 30-5 April 21, 1994. Emergency amendment filed April 11, 1994, effective April 21, 1994, expired Aug. 18, 1994. Emergency amendment filed May 26, 1994, effective June 6, 1994, expired Oct. 2, 1994. Amended: Filed Dec. 13, 1993, effective July 30, 1994. Emergency amendment filed May 26, 1994, effective June 5, 1994, expired Oct. 2, 1994. Amended: Filed May 26, 1994, effective Nov. 30, 1994. Amended: Filed June 15, 1995, effective Dec. 30, 1995. Amended: Filed Nov. 30, 1995, effective May 30, 1996. * Original authority 1982, amended 1985, 1986, 1990, 1993.