(1) The CSED will use the following procedures as a guideline for the exercise of its discretion in determining hardship adjustments:

(a) The obligor must request a review of the case in writing. Such review will determine if the obligor is eligible for a reduction of the amount which would normally be withheld to defray the support delinquency and interest, if any.

(b) The review will be conducted ex parte by the CSED's regional office based solely upon the financial affidavit and supporting documents, if any, provided by the obligor. Since financial hardship may affect all members of the obligor's current household, the financial affidavit must include information pertaining to everyone residing with the obligor.

(c) The standard for review will be the application of a formula developed by the CSED, which takes into consideration the total net income and assets of the obligor and his current household, the United States poverty index promulgated each year by the United States Department of Health and Human Services, the actual amount of allowable special expenses described in ARM 37.62.1113, and other support obligations actually being paid by the obligor. The CSED will, upon request, provide copies of the formula to any interested person.

(d) The CSED will determine the length of time the hardship adjustment will continue, based on the information provided by the obligor. The hardship adjustment will terminate at the end of the determined period, or cessation of the hardship condition, whichever occurs first. In the event the hardship condition continues after the end of such period, it shall be the obligor's duty to request further review at that time.

(e) If the obligor disagrees with the CSED's determination, a request may be made in writing for further review by the CSED division administrator or designee.

(f) If a request for further review is received, the division administrator or designee will review the previous determination and make an independent determination based on the documents and affidavits provided by the obligor, and upon all other relevant considerations. The decision of the division administrator or designee will be final for all purposes.

(g) Only one request for a hardship review is available to the obligor for each claimed incident of hardship. Further review will not be granted except upon a showing of circumstances not existing at the time of the original determination.