[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: 45CFR309.115]

[Page 312-313]
 
                        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. 309.115  What procedures governing the distribution of child support 
must a Tribe or Tribal organization include in a Tribal IV-D plan?

    A Tribe or Tribal organization must specify in its Tribal IV-D plan 
procedures for the distribution of child support collections in each 
Tribal IV-D case, in accordance with this section.
    (a) General Rule: The Tribal IV-D agency must, in a timely manner:
    (1) Apply collections first to satisfy current support obligations, 
except as provided in paragraph (e) of this section; and
    (2) Pay all support collections to the family unless the family is 
currently receiving or formerly received assistance from the Tribal TANF 
program and there is an assignment of support rights to the Tribe's TANF 
agency, or the Tribal IV-D agency has received a request for assistance 
in collecting support on behalf of the family from a State or Tribal IV-
D agency.
    (b) Current Receipt of Tribal TANF: If the family is currently 
receiving assistance from the Tribal TANF program and has assigned 
support rights to the Tribe and:
    (1) There is no request for assistance in collecting support on 
behalf of the family from a State or Tribal IV-D agency under Sec. 
309.120 of this part, the Tribal IV-D agency may retain collections on 
behalf of the family, not to exceed the total amount of Tribal TANF paid 
to the family. Any remaining collections must be paid to `the family.
    (2) There is a request for assistance in collecting support on 
behalf of the family from a State or Tribal IV-D agency under Sec. 
9.120 of this part, the Tribal IV-D agency may retain collections, not 
to exceed the total amount of Tribal TANF paid to the family. Except as 
provided in paragraph (f) of this section, the Tribal IV-D agency must 
send any remaining collections, as appropriate, to the requesting State 
IV-D agency for distribution under section 457 of the Act and 45 CFR 
302.51 or 302.52, or to the requesting Tribal IV-D agency for 
distribution in accordance with this section.
    (c) Former Receipt of Tribal TANF: If the family formerly received 
assistance from the Tribal TANF program and there is an assignment of 
support rights to the Tribe and:
    (1) There is no request for assistance in collecting support from a 
State or Tribal IV-D agency under Sec. 309.120 of this part, the Tribal 
IV-D agency must pay current support and any arrearages owed to the 
family to the family and may then retain any excess collections, not to 
exceed the total amount of Tribal TANF paid to the family. Any remaining 
collections must be paid to the family.
    (2) There is a request for assistance in collecting support from a 
State or Tribal IV-D agency under Sec. 309.120 of this part, the Tribal 
IV-D agency must send all support collected, as appropriate, to the 
requesting State IV-D agency for distribution under section 457 of the 
Act or 45 CFR 302.51 or 303.52, or to the requesting Tribal IV-D agency 
for distribution under this section, except as provided in paragraph (f) 
of this section.
    (d) Requests for Assistance from State or Tribal IV-D Agency: If 
there is no assignment of support rights to the Tribe as a condition of 
receipt of Tribal TANF and the Tribal IV-D agency has received a request 
for assistance in collecting support on behalf of the family from a 
State or another Tribal IV-D agency under Sec. 309.120 of this part, 
the Tribal IV-D agency must send all support collected to either the 
State IV-D agency for distribution in accordance with section 457 of the 
Act and 45 CFR 302.51 and 302.52, or to the Tribal IV-D agency for 
distribution under this section, as appropriate, except as provided in 
paragraph (f) of this section.
    (e) Federal Income Tax Refund Offset Collections: Any collections 
received

[[Page 313]]

based on Federal income tax refund offset under section 464 of the Act 
and distributed by the Tribal IV-D agency must be applied to satisfy 
child support arrearages.
    (f) Option to Contact Requesting Agency for Appropriate 
Distribution: Rather than send collections to a State or another Tribal 
IV-D agency for distribution as required under Sec. 309.115 (b)(2), 
(c)(2) and (d), a Tribal IV-D agency may contact the requesting State 
IV-D agency to determine appropriate distribution under section 457 of 
the Act, or the other Tribal IV-D agency to determine appropriate 
distribution under this section, and distribute collections as directed 
by the other agency.