[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR302.31]

[Page 223]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 302_STATE PLAN REQUIREMENTS--Table of Contents
 
Sec. 302.31  Establishing paternity and securing support.

    The State plan shall provide that:
    (a) The IV-D agency will undertake:
    (1) In the case of a child born out of wedlock with respect to whom 
an assignment as defined in Sec. 301.1 of this chapter is effective, to 
establish the paternity of such child; and
    (2) In the case of any individual with respect to whom an assignment 
as defined in Sec. 301.1 of this chapter is effective, to secure 
support for a child or children from any person who is legally liable 
for such support, using State laws regarding intrastate and interstate 
establishment and enforcement of support obligations. Effective October 
1, 1985, this includes securing support for a spouse or former spouse 
who is living with the child or children, but only if a support 
obligation has been established for that spouse and the child support 
obligation is being enforced under the title IV-D State plan.
    (3) When assigned medical support payments are received and retained 
by a non-IV-A Medicaid recipient, the IV-D agency shall notify the 
Medicaid agency whenever it discovers that directly received medical 
support payments are being, or have been, retained.
    (b) Upon receiving notice of a claim of good cause for failure to 
cooperate, the IV-D agency will suspend all activities to establish 
paternity or secure support until notified of a final determination by 
the appropriate agency.
    (c) The IV-D agency will not undertake to establish paternity or 
secure support in any case for which it has received notice that there 
has been a finding of good cause unless there has been a determination 
that support enforcement may proceed without the participation of the 
caretaker or other relative. If there has been such a determination, the 
IV-D agency will undertake to establish paternity or secure support but 
may not involve the caretaker or other relative in such undertaking.

(Approved by the Office of Management and Budget under control numbers 
0960-0385 and 0970-0107)

[50 FR 19647, May 9, 1985, as amended at 51 FR 25526, July 15, 1986; 51 
FR 37731, Oct. 24, 1986; 56 FR 8003, Feb. 26, 1991; 64 FR 6247, Feb. 9, 
1999; 68 FR 25303, May 12, 2003]