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Residency Requirements for IV-D Services

DCL-94-45

Published: July 27, 1994
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Intergovernmental/Interstate
Types:
Policy, Dear Colleague Letters (DCL)

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

It has come to our attention that some State and local IV-D offices
may be imposing restrictions on applicants for IV-D services by
denying services to non-residents.

As stated in the preamble to the final regulations governing
Standards for Program Operations, (54 FR 32295, at 32306, August 4,
1989), there is no State residency requirement as a prerequisite to
receipt of IV-D services.  Section 454(6) of the Social Security Act
and 45 CFR 302.33 require that States must provide child support
collection or paternity determination services to any individual not
otherwise eligible for such services upon an application filed by
that individual. 

There may be instances however, when it may be difficult or
impossible for a IV-D agency to provide services to a non-resident. 
For example, this might occur when neither the obligor nor the
obligee has any tie to the State in which the custodial parent
requests IV-D services, jurisdiction over the obligor cannot be
obtained, where the custodial parent would have to travel great
distances to appear for hearings, or is merely searching for the
State with the most favorable laws.  In such cases IV-D agencies must
still accept applications for services, but may want to inform
applicants of the ramifications of having the IV-D agency in that
State work the case.

Thank you for your continued efforts on behalf of our nation's
children.

                                   Sincerely,

                                   David Gray Ross
                                   Deputy Director
                                   Office of Child Support Enforcement