[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: 45CFR309.110]

[Page 311-312]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
                 Subpart C_Tribal IV-D Plan Requirements
 
Sec. 309.110  What procedures governing income withholding must a Tribe 
or Tribal organization include in a Tribal IV-D plan?

    A Tribe or Tribal organization must include in its Tribal IV-D plan 
copies of Tribal laws providing for income withholding in accordance 
with this section.
    (a) In the case of each noncustodial parent against whom a support 
order is or has been issued or modified under the Tribal IV-D plan, or 
is being enforced under such plan, so much of his or her income, as 
defined in Sec. 309.05, must be withheld as is necessary to comply with 
the order.
    (b) In addition to the amount to be withheld to pay the current 
month's obligation, the amount withheld must include an amount to be 
applied toward liquidation of any overdue support.
    (c) The total amount to be withheld under paragraphs (a) and (b) of 
this section may not exceed the maximum amount permitted under section 
303(b) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)), but 
may be set at a lower amount.
    (d) Income withholding must be carried out in compliance with the 
procedural due process requirements established by the Tribe or Tribal 
organization.
    (e) The Tribal IV-D agency will promptly refund amounts which have 
been improperly withheld.
    (f) The Tribal IV-D agency will promptly terminate income 
withholding in cases where there is no longer a current order for 
support and all arrearages have been satisfied.
    (g) If the employer fails to withhold income in accordance with the 
provision of the income withholding order, the employer will be liable 
for the accumulated amount the employer should have withheld from the 
noncustodial parent's income.
    (h) Income shall not be subject to withholding in any case where:
    (1) Either the custodial or noncustodial parent demonstrates, and 
the tribunal enters a finding, that there is good cause not to require 
income withholding; or
    (2) A signed written agreement is reached between the noncustodial 
and custodial parent, which provides for an alternative arrangement, and 
is reviewed and entered into the record by the tribunal.
    (i) Where immediate income withholding is not in place, the income 
of the noncustodial parent shall become subject to withholding, at the 
earliest, on the date on which the payments which the noncustodial 
parent has failed to make under a Tribal support order are at least 
equal to the support payable for one month.
    (j) The only basis for contesting a withholding is a mistake of 
fact, which for purposes of this paragraph, means an error in the amount 
of current or overdue support or in the identity of the alleged 
noncustodial parent.
    (k) Tribal law must provide that the employer is subject to a fine 
to be determined under Tribal law for discharging a noncustodial parent 
from employment, refusing to employ, or taking disciplinary action 
against any noncustodial parent because of the withholding.
    (l) To initiate income withholding, the Tribal IV-D agency must send 
the noncustodial parent's employer a notice using the standard Federal 
income withholding form.

[[Page 312]]

    (m) The Tribal IV-D agency must allocate withheld amounts across 
multiple withholding orders to ensure that in no case shall allocation 
result in a withholding for one of the support obligations not being 
implemented.
    (n) The Tribal IV-D agency is responsible for receiving and 
processing income withholding orders from States, Tribes, and other 
entities, and ensuring orders are properly and promptly served on 
employers within the Tribe's jurisdiction.