Revision to the Title IV-D State Plan Preprint
December 10, 1986
SUBJECT:Revision to the Title IV-D State Plan Preprint --Retroactive Modification of Child Support Arrears
TO:STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS APPROVED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS
BACKGROUND:Section 9103 of the Omnibus Budget Reconciliation Act of 1986 (P.L. 99-509) adds a new paragraph (9) to section 466(a) of the Social Security Act which requires States to have in effect laws that prohibit the retroactive modification of child support arrears. Specifically, section 9103 requires that any payment or installment of support under any child support order, whether ordered through the State judicial system or through the expedited processes, is, on and after the date it is due, 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. Such judgments must be entitled to full faith and credit in such State and in any other State. Further, section 9103 provides that such judgment is not subject to retroactive modification by the enacting State or any other State. The one exception to this provision is that a State may permit modification with respect to any period during which there is a pending 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.
The effective date of this statute is October 21, 1986. However, under section 9103 (b) (2) of P.L. 99-509, if a State demonstrates to the Secretary, HHS, that State legislation is required to conform the State IV-D plan to the requirements of this statute, a delay based on the need for legislation may be granted.
ATTACHMENT:New State plan preprint page 2.12-9
REFERENCES: Section 9103 of P.L. 99-509
OCSE-AT-85-11 dated July 9, 1985, which contains instructions for requesting approval of a delay in implementing mandatory provisions under section 466 of the Social Security Act.
REQUIRED:States must fill in and submit the attached State plan preprint page and any necessary attachments to the appropriate OCSE Regional Office no later than December 31, 1986. If a State does not require a delay based on the need for legislation, the State must check the first block of State plan preprint page 2.12-9, indicating that it has laws in effect to implement the requirements of section 9103 of P.L. 99-509 and attach a copy of all State statutes or court rulings having the force of law which implement this Federal statute. States may request approval of a delay in implementing section 9103 of P.L. 99-509 due to the need for legislation by completing the second block of the State plan preprint page 2.12-9. States must submit the legal basis for the delay, including references to all applicable State laws and appellate court decisions, as an attachment. States that wish to delay the effective date of the requirement must indicate when implementation will take place. The date indicated must be no later than the beginning of the fourth month beginning after the end of the first session of the State's legislature which ends on or after October 21, 1986. The statute defines a session of a State's legislature as including any regular, special, budget or other session of a State legislature.
INQUIRIES TO:OCSE Regional Representatives
Office of Child Support Enforcement
Citation2.12 Procedures to Improve Program Effectiveness
Section 91039.Requirement to Prohibit Retroactive
P.L. 99-509Modification of Support Arrearages.
[ ]The State has in effect laws which implement section 9103 of P.L. 99-509. A copy of the statute or court ruling is attached.
[ ]State legislation is required to comply with the requirement specified above. The State's legal basis for requesting a delay in implementation for this requirement is attached. The State will implement the delayed procedure .
TN# Approval Date Effective Date