How can I get a copy of my court order?
For out-of-state legal documents, contact the court that issued the original of the document. Most jurisdictions have on-line information on how to contact them.
A Hawaii court order may be obtained from the Circuit Court Legal Documents Section of the circuit in which your order originated. There is a fee.
For more information, write, visit, or call:
|First Circuit Court||Third Circuit Court|
|Legal Documents Section||Legal Documents Section|
|Kaahumanu Hale||Hale Kaulike|
|777 Punchbowl Street||777 Kilauea Avenue|
|Honolulu, HI 96813||Hilo, HI 96720|
|Ph: (808) 539-4300||Ph: (808) 961-7400|
|MAUI, MOLOKAI, LANAI||KONA|
|Second Circuit Court||Third Circuit Court|
|Legal Documents Section||Legal Documents Section|
|2145 Main Street||74-5451 Kamaka’eha Avenue|
|Wailuku, HI 96793||Kailua-Kona, HI 96740|
|Ph: (808) 244-2969||Ph: (808) 322-8750|
|Fifth Circuit Court|
|Legal Documents Section|
|3970 Kaana Street|
|Lihue, HI 96766|
|Ph: (808) 482-2330|
What can I do to modify the amount of child support that I am required to pay?
There are two (2) ways to modify the amount of child support that is to be paid by the non-custodial parent (NCP):
1.The person requesting the modification may initiate an action with the Family Court by filing the appropriate documents. Although forms are available on Oahu at the Family Court Service on the second floor of the Circuit Court building on Punchbowl Street, the services of a private attorney may be necessary to successfully complete the action to modify support. (If the person does not reside on Oahu, the person may choose to contact the Family Court on their island to see if such forms are available there.)
2.The person wanting the change may request that the Hawaii Child Support Enforcement Agency (CSEA) initiate a modification action. The request must be made in writing and the requestor must have completed an application for CSEA services (unless the person is receiving Temporary Assistance to Needy Families (TANF) from the Department of Human 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. In addition, the requestor must provide his/her financial information before the action can continue.
If the person chooses to have the CSEA initiate the modification action, the CSEA will send out a Notice of Review after the required information is received from the requestor. The Notice of Review informs the parties that a review is being initiated and allows the parties to provide any additional information pertaining to the modification action. The CSEA will then send out documents by certified mail indicating the agency’s findings regarding the modification of the child support obligation. The parties have thirty (30) days from the date that they are served with a copy of the documents to request an administrative hearing.
Why does it take so long to complete the modification of my child support?
If the case participant chooses to have the Hawaii Child Support Enforcement Agency (CSEA) initiate the modification action, the CSEA is required to send out a Notice of Review after the necessary information is received from the requestor. The Notice of Review allows the parties to provide any additional information pertaining to the modification action and requires the CSEA to wait for thirty (30) days before proceeding further. After the Notice of Review has been sent, the CSEA initiates a review and makes a finding regarding the modification of child support obligation.
If the finding is to proceed with the modification of support, the agency will attempt to serve the parties with a copy of the proposed administrative order or with a notice of no change in the obligation amount. The CSEA is required to serve the parties by certified mail or, if that fails, by personal service. If personal service is required, the process may be delayed until such time that the process server is successful in serving the appropriate party. A party may be served by regular mail depending upon the circumstances of the case.
Once a party has been served with a copy of the documents, he/she has thirty (30) days from the date of service to request an administrative hearing. If a hearing is requested, it must be scheduled at least fifteen (15) days from the date that the notice of the hearing is sent out to the parties. This gives the parties time to hire an attorney if necessary, to gather the appropriate documents, and to make arrangements to appear at the scheduled hearing. On the average, administrative hearings are scheduled approximately thirty (30) days from the date that the hearing request is made and after both parties are served.
After the administrative hearing has taken place and the Hearings Officer has made a decision or if no hearing was requested, the administrative order has to be signed by the Hearings Officer. The signed order is then filed with the Family Court. Copies of the filed order are sent to the parties after it is received from the Family Court.
How long does it take to schedule a hearing to modify child support?
Administrative hearings are scheduled after both parties to the support action are served with a proposed administrative order and one or both parties request a hearing.
When is the increased support amount due after modification of the support obligation?
If the child support obligation is being modified by the Hawaii Child Support Enforcement Agency (CSEA), the modified amount (increase or decrease) will not take effect until the administrative order is signed by the Hearings Officer and filed with the Family Court. The modified support amount becomes legally binding and the responsibility of the parties named on the order only upon the filing of the administrative order.
If you are an employer, the Hawaii Employer’s Guide provides a brief summary of the employer’s responsibility.