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Administration for Children and Families US Department of Health and Human Services
The Office of Child Support Enforcement Giving Hope and Support to America's Children
[Code of Federal Regulations]
[Title 45, Volume 2, Parts 200 to 499]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR302.32]
[Page 128-129]

TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES

PART 302--STATE PLAN REQUIREMENTS

Sec. 302.32 Collection and distribution of support payments by the IV-D agency.

     The State plan shall provide that:

     (a) In any case in which support payments are collected for a recipient of aid under the State's title IV-A plan with respect to whom an assignment under Sec. 232.11 is effective, such payments shall be made to the IV-D agency and shall not be paid directly to the family.

     (b) The IV-D agency must inform the State's IV-A agency of the amount of the collection which represents payment on the required support obligation for the month as determined in Sec. 302.51(a) within 10 working days of the end of the month in which the support is received by the IV-D agency responsible for final distribution. Upon being informed of this amount, the IV-A agency will determine if such amount is sufficient to make the family ineligible for an assistance payment pursuant to the State's IV-A plan (See Sec. 232.20 of Chapter II of this title.) If such amount is sufficient to make the family ineligible for an assistance payment, the IV-A agency will notify the IV-D agency and the IV-D agency will distribute the amount collected pursuant to Sec. 302.51 of this part. The IV-D agency will notify the family that it will continue to provide services pursuant to Sec. 302.33 of this part.

     (c) If the IV-A agency determines that the amount of the collection which represents payment on the required support obligation for the month does not make the family ineligible for an assistance payment, or if a hearing is requested pursuant to Sec. 205.10 of this title, the IV- A agency will notify the IV-D agency of such fact and the IV-D agency will distribute such amount pursuant to Sec. 302.51 of this part.

     (d) To the extent any amount collected in a month includes payment on required support obligations for past months, that portion of such amount will be distributed by the IV-D agency pursuant to Sec. 302.51(b) (4) and (5) of this part.

     (e) Support collected in a month after any month in which the support collected makes the family ineligible for an assistance payment (pursuant to Sec. 232.20 of this title) but prior to or in the month in which the family receives its last assistance payment, shall be used to reimburse the State for any assistance paid in such months with any excess being paid to the family. This provision will not apply when a hearing is requested pursuant to Sec. 205.10 of this title. In these cases, when the hearing results in a determination that the family was ineligible for an assistance payment, the IV-D agency will determine the amount by which the entire support collection for a month that the family would have received pursuant to paragraph (b) of this section exceeds the amount the family actually received for a month as an assistance payment and pursuant to Sec. 302.51. Such excess shall be paid to the family. If the family is determined to be eligible, distribution will continue to be made pursuant to Sec. 302.51.

     (f) Timeframes for distribution of support payments. (1) In interstate IV-D cases, amounts collected by the responding State on behalf of the initiating State must be forwarded to the initiating State within 15 calendar days of the initial point of receipt in the responding State, in accordance with Sec. 303.7(c)(7)(iv).

     (2) Amounts collected by the IV-D agency on behalf of recipients of aid under the State's title IV-A or IV-E plan for whom an assignment under Sec. 232.11 of this title or section 471(a)(17) of the Act is effective shall be distributed as follows:

     (i) When the IV-D agency sends payments to the family under Sec. 302.51(b)(1) of this part, the IV-D agency must send payments to the family within 15 calendar days of the end of the month in which the support was initially received in the State.

     (ii) Except as specified under paragraph (f)(2)(iv) of this section:

     (A) When the IV-D agency sends collections to the family under Sec. 302.51(b) (3) and (5) of this part, the IV-D agency must send collections to the family within 15 calendar days of the end of the month in which the support was initially received in the State.

     (B) When the IV-D agency sends collections to the family for the month after the month the family becomes ineligible for AFDC, the IV-D agency must send collections to the family within 15 calendar days of the date in which the support was initially received in the State.

     (iii) Except as specified under paragraph (f)(2)(iv) of this section, when the IV-D agency sends collections to the IV-E foster care agency under Sec. 302.52(b)-(2) and (4) of this part, the IV-D agency must send collections to the IV-E agency within 15 calendar days of the end of the month in which the support was initially received in the State.

     (iv) Collections as a result of Federal or State income tax refund offset paid to the family under Sec. 302.51(b)(5) of this part, or distributed in title IV-E foster care cases under Sec. 302.52(b)(4) of this part, must be sent to the AFDC family or IV-E agency, as appropriate, within 30 calendar days of the date of initial receipt by the IV-D agency, unless State law requires a post-offset appeal process and an appeal is filed timely, in which case the IV-D agency must send any payment to the AFDC family or IV-E agency within 15 calendar days of the date the appeal is resolved.

     (3) Amounts collected on behalf of individuals receiving services under Sec. 302.33 of this part shall be distributed as follows:

     (i) Amounts collected which represent payment on the current support obligation shall be sent to the family within 15 calendar days of the date of initial receipt in the State.

     (ii) Except as specified in paragraph (f)(3)(iii) of this section, if the amount collected is more than the amount required to be distributed in paragraph (f)(3)(i) of this section, the State may at its discretion either send such amounts to the family to satisfy past-due support within 15 calendar days of the date of initial receipt in the State or retain such amounts as have been assigned to satisfy assistance paid to the family which has not been reimbursed.

     (iii) Collections due the family under Sec. 302.51(b)(5) as a result of Federal or State income tax refund offset must be sent to the family within 30 calendar days of the date of receipt in the IV-D agency, except:

     (A) If State law requires a post-offset appeal process and an appeal is timely filed, in which case the IV-D agency must send any payment to the family within 15 calendar days of the date the appeal is resolved; or

     (B) As provided in Sec. 303.72(h)(5) of this chapter.

(Approved by the Office of Management and Budget under control number 0960-0385)

[40 FR 27159, June 26, 1975, as amended at 47 FR 57281, Dec. 23, 1982; 49 FR 22289, May 29, 1984; 50 FR 19648, May 9, 1985; 51 FR 37731, Oct. 24, 1986; 54 FR 32309, Aug. 4, 1989; 56 FR 8003, Feb. 26, 1991; 57 FR 54519, Nov. 19, 1992]