< Back to Search

Revised: Applications by States to use the Courts of the United States to Enforce Child Support Orders

AT-76-08

Published: May 12, 1976
Information About:
State/Local Child Support Agencies, Other Public Partners, Courts
Topics:
Case Management, Enforcement
Types:
Policy, Action Transmittals (AT)

ACTION TRANSMITTAL

OCSE-AT-76-08

May 12, 1976

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

SUBJECT:Applications by States to use the courts of the United States to enforce child support orders.

ATTACHMENT:Revised page 3 of OCSE-AT-76-1 dated February 6, 1976.

EXPLANATION:Page 3 of OCSE-AT-76-1 is revised to correct the citations to the Social Security Act and the Code of Federal Regulations contained in the paragraph entitled "Failure to Cooperate."

INQUIRIES TO:Acting Regional Directors, OCSE.

Acting Director

Office of Child Support Enforcement

Jurisdiction of Federal Courts

The U.S. district courts which have jurisdiction for enforcement of a child support order include:

a. The judicial district in which the claim arose.

b. The judicial district in which the plaintiff resides.

c. The judicial district in which the defendant resides.

Instructions for Preparation of Applications

1. State I.D. number

Space is provided in the upper right hand corner of the application for a State, at its option, to enter its own case identification number, for its convenience in matching Federal court certifications to its case files.

2. Control number

The certification control number assigned by the Regional Office to approved applications will be used by the States and Regional Offices for all future communication.

3.Submission of application and attachments

The original and two copies of the application, and two sets of attachments, will be submitted to the Regional Office. Each set of attachments must include:

a. A copy of the court order.

b. A copy of the original request to the other State for assistance.

c. A copy of the notice to the other State.

d. A copy of each of the responses, if any, from the other State.

Failure to Cooperate

A case which is certified for permission to use a United States district court would indicate that a State has failed to cooperate in an interstate child support case as required by 45 CFR 302.36 and 303.7. States should be aware that certification could be evidence of failure to have an effective program that meets the requirements of Section 402(a)(27) of the Act, which could result in the operation of the penalty provision of Section 403(h) of the Act. Therefore, the State which has failed to undertake to enforce the requesting State's court order will be notified by the Regional Office of the certification.

EFFECTIVE DATE: March 1, 1976

ATTACHMENT: Application form

INQUIRIES TO: Acting Regional Director, OCSE

Acting Director

Office of Child Support Enforcement