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State Plan Pages and Notice of Support Collected in AFDC Cases, Monthly Notice Waivers

AT-92-06

Published: August 24, 1992
Information About:
State/Local Child Support Agencies
Topics:
Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

ACTION TRANSMITTAL

OCSE-AT-92-06

August 24, 1992

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

SUBJECT:Revision to the Title IV-D State Plan Preprint; Submission of State Plan Pages to Indicate Compliance with Federal Requirements; and Requesting Waiver to provide Quarterly, rather than Monthly, Notice of Support Collected in AFDC Cases

ATTACHMENT:Attached are new and revised State plan preprint pages which reflect changes made to the State plan provisions of title IV-D of the Social Security Act (the Act) by the Family Support Act of 1988 (P.L. 100-485) and as a result of issuance of final regulations implementing the Statute. These pages must be submitted to the appropriate ACF Regional Administrator no later than September 30, 1992 (wage withholding and 1990 review and adjustment) or March 31, 1993 (monthly notice of support collected).

The attachments consist of:

o Section 2.12, Procedures to Improve Program Effectiveness, amended to reflect changes made by the final regulations on Immediate Income Withholding and Review and Adjustment of Child Support Orders, published in the Federal Register July 10, 1992 (OCSE-AT-92-02) implementing the Family Support Act of 1988 (P.L. 100-485) as follows:

(1) Section 1 to provide for a program of wage or income withholding;

(2) Section 10-1 to provide that a State has a plan for review and adjustment, as appropriate, of child support orders in IV-D cases in accordance with State guidelines for support award amounts,effective October 13, 1990.

o Section 3.10, Notice of Collection of Assigned Support, amended to provide that effective January 1, 1993, the IV-D Agency monthly provides a notice of support payments collected to individuals who have assigned their rights to support to the State or has a waiver to provide quarterly notice. Page 3.10 reflects changes made by the final regulation published in the Federal Register July 10, 1992 (OCSE-AT-92-02), implementing section 104 of the Family Support Act of 1988 (P.L. 100-485).

States must submit monthly notice waiver requests to the appropriate Regional Office sufficiently in advance of January 1, 1993 to allow for Regional Office review, consideration and decision prior to the effective date of the requirement. If a waiver request is approved, the State must indicate on page 3.10 that a waiver has been granted. In order to obtain a waiver, a State must submit to the Regional Office a letter signed by the IV-D Director requesting a waiver to send quarterly, rather than monthly, notices, because providing monthly notice would impose an unreasonable administrative burden. The Office may grant a waiver to permit a State to provide quarterly, rather than monthly, notices, if the State: (i) Until September 30, 1995, does not have an automated system that performs child support enforcement activities consistent with õ302.85 or has an automated system that is unable to generate monthly notices; or (ii) Uses a toll-free automated voice response system which provides the required information. For a waiver to provide quarterly notices to be extended beyond September 30, 1995, the State must use an automated voice response system which provides the required information. The State must include supporting documentation for requesting the waiver. Such documentation would consist of, for example, documentation that: (1) the State's computerized child support enforcement system is not presently capable of generating monthly notices and modifications would require extensive reprogramming, or (2) the State has an automated voice response system whichprovides information about specific amounts collected from each absent parent, the amount of current support collected, the amount of arrearages collected, and the amount which was paid to the family.

APPROVAL OF STATE PLAN

States must submit these pages (2.12-1, Wage or Income Withholding; 2.12-10-1, Review and Adjustment of Child Support Obligations; and 3.10, Notice of Collection of Assigned Support) along with a completed transmittal notice form (OCSE-21-U4) to the appropriate ACF Regional Administrator. State plan pages 2.12-1 and 2.12-10-1, attesting to compliance with the requirements of the Family Support Act of 1988 and implementing Federal regulations, must be submitted no later than September 30, 1992. Page 3.10 must be submitted no later than March 31, 1993.

RELATED

REFERENCES: OCSE-AT-92-02, issued July 10, 1992.

ACTION

REQUIRED:Submit pages 2.12-1 and 2.12-10-1 no later than September 30, 1992 and page 3.10 no later than March 31, 1993.

INQUIRIES

TO:ACF Regional Administrators

________________________

Allie Page Matthews

Deputy Director

Office of Child Support

Enforcement

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õ454(20) and 466 1. Wage or Income Withholding. of the Act; 45 CFR

303.100 and 45 CFR [ ] The IV-D agency has procedures for 302.70(a)(1) and (d) carrying out a program of wage withholding in accordance with õ303.100.

The IV-D agency has procedures for carrying out a program of withholding from forms of income other than wages.

[ ] YES

[ ] NO

[ ]The State is exempt from the advance notice requirements in accordance with õ303.100(d)(2)(i).

[ ]The Secretary has granted the State an exemption from wage withholding in accordance with õ302.70(d).

[ ] The Secretary has granted the State

an exemption from providing exceptions to wage withholding for good cause and/or alternative agreements in accordance with õ302.70(d).

TN#__________Approval Date_____________Effective Date____________

2.12-1

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õ454(20) and 466 10-1Review and Adjustment of Child

of the Act and 45 Support Obligations.

CFR 302.70(d) and

45 CFR 303.8 [ ]Effective October 13, 1990, the State determines whether an order for support being enforced under Title IV-D must be reviewed pursuant to a written and publicly available State plan for the review and adjustment of support orders and adjusts orders, as appropriate, in accordance with guidelines in accordance with õ466(a)(10)(A) of the Act and 45 CFR 303.8.

[ ]The Secretary has granted the State an exemption from the review and adjustment of child support orders in accordance with õ302.70(d).

ATTACHMENT 2.12-10-1A is a copy of the State's plan for the review and adjustment of child support orders.

TN#__________Approval Date_____________Effective Date____________

2.12-10-1

State_______________

Citation 3.10 Notice of Collection of Assigned Support

õ454(5) of the Act; Effective January 1, 1993, the IV-D

45 CFR 302.54(b)agency provides monthly notice of support payments collected to individuals for whom an assignment of support rights exists under õ232.11, in accordance with õ302.54(b).

45 CFR 302.54(c) The Office has granted the State a waiver to permit the use of a quarterly notice in accordance with õ302.54(c) if a State does not have an automated system that performs child support enforcement activities; or has an automated system that is unable to generate monthly notices; or uses a toll-free automated voice response system which provides the required information.

[ ] YES, because the State has an automated voice response system capable of providing required information.

[ ] YES, because the State's computerized child support enforcement system is not presently capable of generating monthly notices without extensive reprogramming.

[ ] NO

TN#__________Approval Date_____________Effective Date____________

3.10-1