[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: 45CFR303.106]

[Page 262]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.106  Procedures to prohibit retroactive modification of child 
support arrearages.

    (a) The State shall have in effect and use procedures which require 
that any payment or installment of support under any child support order 
is, on and after the date it is due:
    (1) A judgment by operation of law, with the full force, effect, and 
attributes of a judgment of the State, including the ability to be 
enforced;
    (2) Entitled as a judgment to full faith and credit in such State 
and in any other State; and
    (3) Not subject to retroactive modification by such State or by any 
other State except as provided in paragraph (b) of this section.
    (b) The procedures referred to in paragraph (a)(3) of this section 
may permit modification with respect to any period during which there is 
pending a petition for modification, but only from the date that notice 
of such petition has been given, either directly or through the 
appropriate agent, to the obligee or (where the obligee is the 
petitioner) to the obligor.

[54 FR 15764, Apr. 19, 1989]