[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR302.50]

[Page 227]
 
                        TITLE 45--PUBLIC WELFARE
 
PART 302--STATE PLAN REQUIREMENTS--Table of Contents
 
Sec. 302.50  Assignment of rights to support.

    The State plan shall provide as follows:
    (a) An assignment of support rights, as defined in Sec. 301.1 of 
this chapter, constitutes an obligation owed to the State by the 
individual responsible for providing such support. Such obligation shall 
be established by:
    (1) Order of a court of competent jurisdiction or of an 
administrative process; or
    (2) Except for obligations assigned under 42 CFR 433.146, other 
legal process as established by State laws, such as a legally 
enforceable and binding agreement.
    (b) The amount of the obligation described in paragraph (a) of this 
section shall be:
    (1) The amount specified in the order of a court of competent 
jurisdiction or administrative process which covers the assigned support 
rights.
    (2) If there is no court or administrative order, an amount 
determined in writing by the IV-D agency as part of the legal process 
referred to in paragraph (a)(2) of this section in accordance with the 
requirements of Sec. 302.56.
    (c) The obligation described in paragraph (a) of this section shall 
be deemed for collection purposes to be collectible under all applicable 
State and local processes.
    (d) Any amounts which represent support payments collected from an 
individual responsible for providing support under the State plan shall 
reduce, dollar for dollar, the amount of his obligation under this 
section.
    (e) No portion of any amounts collected which represent an assigned 
support obligation defined under Sec. 301.1 of this chapter may be used 
to satisfy a medical support obligation unless the court or 
administrative order designates a specific dollar amount for medical 
purposes.

[64 FR 6248, Feb. 9, 1999, as amended at 68 FR 25303, May 12, 2003]