[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: 45CFR303.6]

[Page 240-241]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.6  Enforcement of support obligations.

    For all cases referred to the IV-D agency or applying for services 
under Sec. 302.33 in which the obligation to support and the amount of 
the obligation have been established, the IV-D agency must maintain and 
use an effective system for:
    (a) Monitoring compliance with the support obligation;
    (b) Identifying on the date the parent fails to make payments in an 
amount equal to the support payable for one month, or on an earlier date 
in accordance with State law, those cases in which there is a failure to 
comply with the support obligation; and
    (c) Enforcing the obligation by:
    (1) Initiating income withholding, in accordance with Sec. 303.100;
    (2) Taking any appropriate enforcement action (except income 
withholding and Federal and State income tax refund offset) unless 
service of process is necessary, within no more than 30 calendar days of 
identifying a delinquency or other support-related non-compliance with 
the order or the location of the noncustodial parent, whichever occurs 
later. If service of process is necessary prior to taking an enforcement 
action, service must be completed (or unsuccessful attempts to serve 
process must be documented in accordance with the State's guidelines 
defining diligent efforts under Sec. 303.3(c)), and enforcement action 
taken if process is served, within no later than 60 calendar days of 
identifying a delinquency or other support-related non-compliance with 
the order, or the location of the noncustodial parent, whichever occurs 
later;
    (3) Submitting once a year all cases which meet the certification 
requirements under Sec. 303.102 of this part and State guidelines 
developed under Sec. 302.70(b) of this title for State income tax 
refund offset, and which meet the certification requirements under Sec. 
303.72 of this part for Federal income tax refund offset; and
    (4) In cases in which enforcement attempts have been unsuccessful, 
at the time an attempt to enforce fails, examining the reason the 
enforcement attempt failed and determining when it

[[Page 241]]

would be appropriate to take an enforcement action in the future, and 
taking an enforcement action in accordance with the requirements of this 
section at that time.

[54 FR 32310, Aug. 4, 1989, as amended at 55 FR 25840, June 25, 1990]