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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: 45CFR303.106]
[Page 171-172]

TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES

PART 303--STANDARDS FOR PROGRAM OPERATIONS

Sec. 303.106 Procedures to prohibit retroactive modification of child support arrearages.

     (a) The State shall have in effect and use procedures which require that any payment or installment of support under any child support order is, on and after the date it is due:

     (1) A judgment by operation of law, with the full force, effect, and attributes of a judgment of the State, including the ability to be enforced;

     (2) Entitled as a judgment to full faith and credit in such State and in any other State; and

     (3) Not subject to retroactive modification by such State or by any other State except as provided in paragraph (b) of this section.

     (b) The procedures referred to in paragraph (a)(3) of this section may permit modification with respect to any period during which there is pending a petition for modification, but only from the date that notice of such petition has been given, either directly or through the appropriate agent, to the obligee or (where the obligee is the petitioner) to the obligor.

[54 FR 15764, Apr. 19, 1989]