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Revisions to the State Plan Preprint made by the Child Support Amendments of 1984

AT-85-03

Published: April 2, 1985
Information About:
State/Local Child Support Agencies
Topics:
Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

AT-85-03

April 2, 1985

Revisions to the Title IV-D State Plan Preprint

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-85-3

April 2, 1985

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

SUBJECT: Revisions to the Title IV-D State Plan Preprint

ATTACHMENT: Attached are new and revised title IV-D State plan preprint pages to reflect changes, effective on or before October 1, 1984, made by P.L. 98-378, the Child Support Enforcement Amendments of 1984, to the State plan provisions of title IV-D of the Social Security Act (the Act). The changes are summarized as follows:

  • Section 2.2, Support Obligations, is amended to include the reference to assignment of support rights in title IV-E foster care cases under the revised section 456(a) of the Act;
  • Section 2.4, Collection and Distribution of Support Payments, is amended: (1) to provide support enforcement services in accordance with the revised section 457(c) of the Act; and (2) to implement the new provision for distribution of title IV-E foster care payments in section 457(d) of the Act.
  • Section 2.11, Procedures for the Imposition of Late Payment Fees, is added to implement the new section 454(21) of the Act that allows the IV-D agency the option of having procedures to impose late payment fees on all absent parents who owe overdue support.

Also attached is a revision of section 3.8, Computerized Support Enforcement System (CSES), which reflects the final regulations on CSESs published on August 22, 1984.

ACTION REQUIRED: Submit the attached pages with a completed transmittal notice form (OCSE-21-U4) to the appropriate OCSE Regional Representative as soon as possible.

SUPERSEDED MATERIAL: Pages 2.2, 2.4, and 3.8 transmitted by OCSE-AT-82-11, dated September 21, 1982.

INQUIRIES TO: OCSE Regional Representatives.

______________________________

Deputy Director

Office of Child Support Enforcement

Citation

§456(a) of the Act; and 45 CFR 302.50 State______________________

2.2 Support Obligations

The support rights assigned to the IV-D agency pursuant to 45 CFR 232.11 or section 471(a)(17) of the Act constitute an obligation owed to the State by the individual responsible for providing such support.

With respect to such obligations, the IV-D agency complies with the requirements in 45 CFR 302.50.

TN#_________Approval Date____________Effective Date______________

2.2-1

Citation

§454(5) & (11) of the Act; 45 CFR 302.32, 302.37 and 302.51 (a) through (d)

§457(c) of the Act

302.51(f)

§454(12) of the Act; 45 CFR 302.38

§457(d) of the Act

State__________________________

2.4Collection and Distribution of Support Payments

1. When support payments are collected for a recipient of aid under the State's title IV-A plan, and an assignment under 45 CFR 232.11 is effective, the IV-D agency shall collect and distribute the payments in accordance with 45 CFR 302.32 governing support payments to the IV-D agency, and 45 CFR 302.37 and 302.51 (a) through (d) governing distribution of support payments.

2. When a family ceases to receive assistance under the State's title IV-A plan, the IV-D agency must provide support enforcement services in accordance with section 457(c) of the Act.

3. The assignment of support rights under section 402(a)(26) of the Act terminates when a family ceases receiving assistance under the State's title IV-A plan. However, the total amount of any obligation that has accrued under such assignment, prior to the family's becoming ineligible for assistance, is not terminated. From this accrued amount, the IV-D agency will attempt to collect the unpaid obligation accordance with the requirements in 45 CFR 302.51(f).

4. Any payment required to be made under 45 CFR 302.32 and 302.51 to a family is made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children.

5. The State distributes amounts collected as support on behalf of children for whom the State is making foster care maintenance payments under the States's title IV-E State plan in accordance with section 457(d) of the Act.

TN#_________Approval Date_____________Effective Date_____________

2.4-1

Citation

§454(21) of the Act State__________________________

2.11 Procedures for the Imposition of Late Payment Fees

The IV-D agency has procedures for the imposition of late payment fees on all absent parents who owe overdue support in accordance with section 454(21) of the Act.

[ ] YES

[ ] NO

TN#_________Approval Date_____________Effective Date_____________

2.11-1

Citation

§454(16) of the Act; 45 CFR 302.85

State_____________________

3.8 Computerized Support Enforcement System

The State is establishing a computerized support enforcement system funded at 90 percent Federal financial participation that meets the requirements in 45 CFR 307.10.

[ ] Yes

[ ] No

TN#________Approval Date_______________Effective Date____________

3.8-1