[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: 45CFR302.75]

[Page 234-235]
 
                        TITLE 45--PUBLIC WELFARE
 
PART 302--STATE PLAN REQUIREMENTS--Table of Contents
 
Sec. 302.75  Procedures for the imposition of late payment fees on noncustodial 
parents who owe overdue support.

    (a) Effective September 1, 1984, the State plan may provide for 
imposition of late payment fees on noncustodial parents who owe overdue 
support.
    (b) If a State opts to impose late payment fees--
    (1) The late payment fee must be uniformly applied in an amount not 
less than 3 percent nor more than 6 percent of overdue support.
    (2) The fee shall accrue as arrearages accumulate and shall not be 
reduced upon partial payment of arrears. The fee may be collected only 
after the full amount of overdue support is paid and any requirements 
under State law for notice to the noncustodial parent have been met.
    (3) The collection of the fee must not directly or indirectly reduce 
the amount of current or overdue support paid to the individual to whom 
it is owed.
    (4) The late payment fee must be imposed in cases where there has 
been an assignment under section 408(a)(3) of the Act or section 
471(a)(17) of the Act or the IV-D agency is providing services under 
Sec. 302.33 of this chapter.
    (5) The State may allow fees collected to be retained by the 
jurisdiction making the collection.
    (6) The State must reduce its expenditures claimed under the Child 
Support

[[Page 235]]

Enforcement program by any fees collected under this section in 
accordance with Sec. 304.50 of this chapter.

(Approved by the Office of Management and Budget under control number 
0960-0385)

[50 FR 19650, May 9, 1985, as amended at 51 FR 37731, Oct. 24, 1986; 56 
FR 8004, Feb. 26, 1991; 64 FR 6249, Feb. 9, 1999; 68 FR 25303, May 12, 
2003]