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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: 45CFR303.4]
[Page 144]

TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES

PART 303--STANDARDS FOR PROGRAM OPERATIONS

Sec. 303.4 Establishment of support obligations.

     For all cases referred to the IV-D agency or applying under Sec. 302.33 of this chapter, the IV-D Agency must:

     (a) When necessary, establish paternity pursuant to the standards of Sec. 303.5;

     (b) Utilize appropriate State statutes and legal processes in establishing the support obligation pursuant to Sec. 302.50 of this chapter.

     (c) Periodically review and adjust child support orders, as appropriate, in accordance with Sec. 303.8.

     (d) Within 90 calendar days of locating the alleged father or noncustodial parent, regardless of whether paternity has been established, establish an order for support or complete service of process necessary to commence proceedings to establish a support order and, if necessary, paternity (or document unsuccessful attempts to serve process, in accordance with the State's guidelines defining diligent efforts under Sec. 303.3(c)).

     (e) If the court or administrative authority dismisses a petition for a support order without prejudice, the IV-D agency must, at the time of dismissal, examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future, and seek a support order at that time.

     (f) Seek a support order based on a voluntary acknowledgment in accordance with Sec. 302.70(a)(5)(vii).

[40 FR 27164, June 26, 1975, as amended at 50 FR 19650, May 9, 1985; 54 FR 32310, Aug. 4, 1989; 57 FR 30681, July 10, 1992; 59 FR 66250, Dec. 23, 1994]