AT-90-014, Revision to the Title IV-D State Plan Preprint and Submission of State Plan Pages to Indicate Compliance with Federal Requirements

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-90-14

November 19, 1990

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Revision to the Title IV-D State Plan Preprint and Submission of State Plan Pages to Indicate Compliance with Federal Requirements

ATTACHMENT: Attached are two State plan preprint pages on review and modification of child support obligations and wage or income withholding which must be submitted to the appropriate OCSE Regional Office no later than December 31, 1990. We will disseminate additional revisions to the IV-D State plan after final regulations implementing the child support provisions of the Family Support Act of 1988 (P.L. 100-485) are published in the Federal Register.

REVIEW AND MODIFICATION OF CHILD SUPPORT OBLIGATIONS

Attached is a new title IV-D State plan preprint page which reflects changes to the State plan provisions of title IV-D of the Social Security Act (the Act) made by P.L. 100-485 to require review and modification of child support obligations, effective October 13, 1990. The change is summarized below.

Section 2.12, Procedures to Improve Program Effectiveness, is amended by adding a new page 2.12-10-1, Review and Modification of Child Support Obligations. Page 2.12-10-1 requires States to determine whether their IV-D cases must be reviewed, and modified if appropriate, pursuant to a written and publicly available plan for the periodic review and modification of child support obligations, effective October 13, 1990. Each State must include a copy of its plan for review and modification of child support obligations as Attachment 2.12-10-1A to the State plan.

States must submit the State plan page attesting to implementation of the statutory requirements no later than December 31, 1990, the end of thequarter in which the provision is effective.

WAGE WITHHOLDING

The Family Support Act of 1988 also made changes to the State plan provision of title IV-D of the Act to require immediate wage withholding effective November 1, 1990. Attached is current page 2.12-1, Wage or Income Withholding, of Section 2.12, Procedures to Improve Program Effectiveness, of the State plan which covers Federal requirements regarding wage or income withholding. Since the new requirements on wage withholding for IV-D cases have an effective date of November 1, 1990, States must submit page 2.12-1 attesting to implementation of the new statutory requirements no later than December 31, 1990, the end of the quarter the provision is effective.

INTERIM APPROVAL OF STATE PLAN IN THE ABSENCE OF FINAL REGULATIONS

In the absence of final regulations governing these Federal requirements, States must submit pages 2.12-1, Wage or Income Withholding, and 2.12-10-1, Review and Modification of Child Support Obligations, with a completed transmittal notice form (OCSE-21-U4) to the appropriate Regional Representative no later than December 31, 1990, attesting to compliance with the requirements of the Family Support Act of 1988 for immediate wage withholding in IV-D cases and the review and modification of child support obligations under a plan developed by the State, effective November 1, 1990, and October 13, 1990, respectively. Attachment 2.12-10-1A, a copy of the State's plan for the review and modification of child support obligations must also be submitted by December 31, 1990. Regional Representatives will determine whether to grant interim approval or recommend disapproval of the State plan amendments pending publication of final regulations.

Once final regulations governing immediate wage withholding and review and modification of support orders are published, OCSE will issue instructions for the submittal of State plan preprint pages which would indicate State compliance with all statutory and regulatory requirements.

ACTION REQUIRED: Submit pages 2.12-1, 2.12-10-1 and attachment 2.12-10-1A no later than December 31, 1990.

INQUIRIES TO: OCSE Regional Representatives.

______________________________

Allie Page Matthews

Deputy Director

Office of Child Support Enforcement

	State____________________
Citation	2.12 Procedures to Improve Program Effectiveness
§454(20) and 466 of the Act; 45 CFR 302.70(a)(1)	1.Wage or Income Withholding. [ ] The IV-D agency has procedures for carrying out a program of wage withholding in accordance with §303.100. The IV-D agency has procedures for carrying out a program of withholding from forms of income other than wages. [ ] YES [ ] NO [ ] The State is exempt from the advance notice requirements in accordance with §303.100(b)(2). [ ] The Secretary has granted the State an exemption from wage withholding in accordance with §303.100. The exemption period is from _________ to _________.
TN#__________Approval Date_____________Effective Date____________ 2.12-1
	State_________
Citation	2.12 Procedures to Improve Program Effectiveness
§454(20) and 466 of the Act	10-1 Review and Modification of Child Support Obligations. [ ] Effective October 13, 1990, the IV-D agency must determine whether an order for support being enforced under the IV-D program must be reviewed, and modified as appropriate, pursuant to a written and publicly available State plan for the periodic review and modification of support orders in accordance with §466(a)(10)(A) of the Act. [ ] The Secretary has granted the State an exemption from the review and modification of child support obligations in accordance with section 466 of the Act. ATTACHMENT 2.12-10-1A is a copy of the State's plan for the review and modification of child support orders.
TN#__________Approval Date_____________Effective Date____________ 2.12-10-1