Child Support Modification - Preparation Worksheet - Hawaii

HAWAIʻI CHILD-SUPPORT MODIFICATION PREPARATION PACKET

Do not file this document. Transfer verified information into the current form required by the correct Family Court circuit or the current Child Support Enforcement Agency process.

1. Forum and Form Gate

Existing Order

Select the Current Procedure

The First Circuit form page currently directs users to file Form 1F-P-878, Motion and Declaration for Post-Decree Relief, followed by Form 1F-P-987, Proposed Scheduling Order for Post-Decree Relief, and lists Form 1F-P-583, Order Regarding Motion to Modify Child Support. Other circuits use their own packets and form numbers.

Official Circuit Form Pages

• First Circuit / Oʻahu: https://www.courts.state.hi.us/self-help/courts/forms/oahu/family_court_forms
• Second Circuit / Maui: https://www.courts.state.hi.us/self-help/courts/forms/maui/family_court_forms
• Third Circuit / Hawaiʻi: https://www.courts.state.hi.us/self-help/courts/forms/hawaii/family_court_forms
• Fifth Circuit / Kauaʻi: https://www.courts.state.hi.us/self-help/courts/forms/kauai/family_court_forms

Record the exact form names, numbers, revision dates, filing sequence, and circuit instructions before drafting.

2. Statutory Review Gate — HRS § 576D-7

Three-Year Review Route

Section 576D-7(e) gives the responsible or custodial parent for whom support was previously ordered a right to petition the Family Court or CSEA, not more than once every three years, for review and adjustment without showing a change in circumstances.

A second or later request within a three-year period is not automatically barred, but § 576D-7(e) requires proof of a substantial or material change of circumstances. Do not define “three years elapsed” as itself a material change; it is a separate review route.

Ten-Percent Presumption

Under § 576D-7(d), a material change is presumed when support calculated under the most current guidelines is at least 10% greater or less than the outstanding order.

The statute states a presumption. Do not describe a 10% difference as the only possible basis for review or as guaranteeing a modified order.

Other Claimed Change

3. Current 2024 Guideline Packet

The Judiciary states that the 2024 Hawaiʻi Child Support Guidelines and forms took effect April 1, 2024 and must be used in child-support cases. Use the current electronic worksheets or official printable appendices from:

https://www.courts.state.hi.us/child-support-guidelines

Do not use the former generic “CSG Form CSW-F06” label unless it appears in the current circuit packet. Do not create an average-income or expense formula outside the current Guidelines.

4. Financial and Factual Record

Parent Information

Children Covered by the Existing Order

Source Documents

• ☐ current order and later amendments
• ☐ current circuit motion packet and filing instructions
• ☐ current Income and Expense Statement required by the circuit
• ☐ recent pay statements and proof of all income sources
• ☐ recent federal and state tax returns and W-2 / 1099 records
• ☐ self-employment ledgers, business returns, and supporting statements
• ☐ child-care invoices and payment proof
• ☐ health-insurance premium allocation and uncovered-expense proof
• ☐ custody / time-sharing order and calendar
• ☐ proof supporting each claimed change and its date
• ☐ completed current Guidelines worksheets

5. Declaration Drafting Worksheet

Use this narrative only to prepare the factual declaration section of the official motion form.

1. Current order. On [DATE], [COURT / AGENCY] entered the attached order requiring [PARTY] to pay $[____] per [____] for [CHILD INITIALS].
2. Requested review route. The request is based on ☐ the § 576D-7(e) three-year review right ☐ a substantial or material change described below ☐ both.
3. Changed facts. Since [DATE], [DESCRIBE FACTS, NOT CONCLUSIONS].
4. Guideline result. The current 2024 Guidelines worksheets calculate $[____] per month, compared with the current $[____] order, a [____]% difference.
5. Documents. The calculation is supported by [LIST EXHIBITS].
6. Requested relief. The moving party asks the court or agency to review and adjust child support under the current Guidelines and grant only additional relief authorized and supported in the selected proceeding.

Do not insert a self-selected effective date, automatic fee award, prevailing-party fee clause, blanket income-withholding demand, contempt request, tax interception, electronic-signature rule, or “entire agreement” clause into a modification motion. Address effective date, arrears, service, enforcement, fees, and withholding only through the current form and authority reviewed for the actual case.

6. Filing-Control Checklist

• ☐ correct court / agency and circuit confirmed
• ☐ correct existing case caption and number copied from filed order
• ☐ current circuit form numbers and revision dates confirmed
• ☐ required filing sequence followed
• ☐ current 2024 Guidelines worksheets completed
• ☐ three-year route and 10% presumption kept analytically separate
• ☐ every income and expense input tied to evidence
• ☐ confidential identifiers redacted or submitted as current rules require
• ☐ filing fee or waiver requirement confirmed
• ☐ service method and deadline confirmed from current circuit instructions
• ☐ hearing / scheduling process confirmed
• ☐ proposed order uses the court's current form
• ☐ filed copies, receipts, service proof, and hearing notice retained

Official Sources

• HRS § 576D-7: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0576D/HRS_0576D-0007.htm
• Hawaiʻi State Judiciary, 2024 Child Support Guidelines: https://www.courts.state.hi.us/child-support-guidelines
• Hawaiʻi State Judiciary, First Circuit Family Court forms: https://www.courts.state.hi.us/self-help/courts/forms/oahu/family_court_forms