STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.

SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS. (a) Guidelines To Create Rebuttable Presumption.— Section 467(b) of the Social Security Act is amended— (1) by inserting “(1)” after “(b)”; (2) by striking but need not be binding upon such judges or other officials”; and (3) by adding at the end the following new paragraph: “(2) There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.”. (b) Guidelines To Be Reviewed Every 4 Years.— Section 467(a) of such Act is amended by inserting “, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts” after “action”. (c) State Law Requirements for Review of Individual Awards.— Section 466(a) of such Act is amended by inserting after paragraph (9) the following new paragraph: “(10) (A) Procedures to ensure that, beginning 2 years after the date of the enactment of this paragraph, if the State determines (pursuant to a plan indicating how and when child support orders in effect in the State are to be periodically reviewed and adjusted) that a child support order being enforced under this102 STAT. 2347 part should be reviewed, the State must, at the request of either parent subject to the order, or of a State child support enforcement agency, initiate a review of such order, and adjust such order, as appropriate, in accordance with the guidelines established pursuant to section 467(a). “(B) Procedures to ensure that, beginning 5 years after the date of the enactment of this paragraph or such earlier date as the State may select, the State must implement a process for the periodic review and adjustment of child support orders being enforced under this part under which the order is to be reviewed not later than 36 months after the establishment of the order or the most recent review, and adjusted, as appropriate, in accordance with the guidelines established pursuant to section 467(a), unless— “(i) in the case of an order with respect to an individual with respect to whom an assignment under section 402(a)(26) is in effect, the State has determined, in accordance with regulations of the Secretary, that such a review would not be in the best interests of the child and neither parent has requested review; and “(ii) in the case of any other order being enforced under this part, neither parent has requested review. “(C) Procedures to ensure that the State notifies each parent subject to a child support order in effect in the State that is being enforced under this part— “(i) of any review of such order, at least 30 days before the commencement of such review; and “(ii) of the right of such parent under subparagraph (B) to request the State to review such order; and “(iii) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded not less than 30 days after such notification to initiate proceedings to challenge such adjustment (or determination).”. (d) Study of Impact of Extending Periodic Review Requirement to All Other Cases.— Within 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct and complete a study to determine the impact on child support awards and the courts of requiring each State to periodically review all child support orders in effect in the State. (e) Demonstration Projects for Evaluating Model Procedures for Reviewing Child Support Awards.— (1) Not later than April 1, 1989, the Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall enter into an agreement with each of 4 States submitting applications under this subsection for the purpose of conducting a demonstration project under part D of title IV of the Social Security Act in the State to test and evaluate model procedures for reviewing child support award amounts. (2) Notwithstanding section 454(1) of the Social Security Act, a demonstration project conducted under this subsection may be conducted in one or more political subdivisions of the State. (3) An agreement under this subsection shall be entered into between the Secretary and the State agency designated by the Governor of the State involved. Under such agreement, the Secretary shall pay to the State, as an additional payment under part D of title IV of the Social Security Act, an amount equal to 90 percent of the reasonable costs incurred by the State in conducting a dem-102 STAT. 2348onstration project under this subsection. Such costs shall not be taken into account for purposes of computing the incentive payment under section 458 of such Act. (4) A demonstration project under this subsection shall be commenced not later than September 30, 1989, and shall be conducted for a 2-year period unless the Secretary determines that the State conducting the project is not in substantial compliance with the terms of the agreement entered into with the State under paragraph (1). (5) (A) Any State with an agreement under this subsection shall furnish the Secretary with such information as the Secretary determines to be necessary to evaluate the results of the project conducted by the State. (B) The Secretary shall report the results of the demonstration projects conducted under this subsection to Congress not later than 6 months after all such projects are completed. (f) Effective Date.— The amendments made by subsections (a), (b), and (c) shall become effective one year after the date of the enactment of this Act.