Responding States’ Option to Recover the Cost of Paternity Testing
DATE: December 17, 2010
TO: ALL STATE IV-D DIRECTORS
Prior to the Intergovernmental Child Support Final Rule, initiating state child support agencies were required to pay for the cost of genetic testing in actions to establish paternity. The Intergovernmental Child Support Final Rule, 45 CFR 303.7(e)(1), reverses this policy, placing the responsibility on the responding state child support agency. This rule goes into effect January 3, 2011.
To make this transition as smooth as possible, the Federal Office of Child Support Enforcement (OCSE) recommends that in intergovernmental child support cases, the initiating state be responsible for the cost of all genetic tests if the genetic test report is dated January 2, 2011 or earlier. In turn, the responding state child support agency is responsible for the cost of genetic testing if the genetic test report is dated on or after January 3, 2011. The responding state child support agency has the option to recover the cost of genetic tests.
Please forward any questions to your ACF/OCSE Regional Program Specialist.
Office of Child Support Enforcement
cc: ACF/OCSE Regional Program Managers
Tribal IV-D Directors