[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: 45CFR310.110]

[Page 328-329]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 310_COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS
--Table of Contents
 
                 Subpart C_Tribal CSE Plan Requirements
 
Sec. 310.110  What procedures governing income withholding must a Tribe 
or Tribal organization include in a Tribal CSE plan?

    (a) A Tribe or Tribal organization demonstrates capacity to operate 
a Tribal CSE program meeting the objectives of title IV-D of the Act 
when its Tribal CSE plan includes copies of Tribal laws and regulations 
providing for income withholding under which:
    (1) In the case of each noncustodial parent against whom a support 
order is or has been issued or modified under the Tribal CSE plan, or is 
being enforced under such plan, so much of his or her income as defined 
in section 466(b)(8) of the Act must be withheld as is necessary to 
comply with the order.
    (2) 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.
    (3) The total amount to be withheld under paragraphs (a)(1) and (2) 
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)).
    (4) All income withholding must be carried out in compliance with 
all procedural due process requirements of the Tribe or Tribal 
organization.
    (5) The Tribal CSE agency must have procedures for promptly 
refunding amounts which have been improperly withheld.
    (6) The Tribal CSE agency must have procedures for promptly 
terminating income withholding in cases where there is no longer a 
current order for support and all arrearages have been satisfied.
    (b) To initiate income withholding, the Tribal CSE agency must send 
the noncustodial parent's employer a notice using the standard Federal 
form that includes the following:
    (1) The amount to be withheld;
    (2) A requirement that the employer must send the amount to the 
Tribal CSE agency within 7 business days of the date the noncustodial 
parent is paid;
    (3) A requirement that the employer must report to the Tribal CSE 
agency the date on which the amount was withheld from the noncustodial 
parent's income;
    (4) A requirement that, in addition to the amount to be withheld for 
support, the employer may deduct a fee established by the Tribe for the 
employer's administrative costs incurred for each withholding, if the 
Tribe permits a fee to be deducted;

[[Page 329]]

    (5) A requirement that the withholding is binding upon the employer 
until further notice by the Tribe;
    (6) A requirement that, if the employer fails to withhold income in 
accordance with the provision of the notice, the employer is liable for 
the accumulated amount the employer should have withheld from the 
noncustodial parent's income; and
    (7) A requirement that the employer must notify the Tribe promptly 
when the noncustodial parent terminates employment and provide the 
noncustodial parent's last known address and the name and address of the 
noncustodial parent's new employer, if known.
    (c) The income of the noncustodial parent shall become subject to 
withholding, at the latest, on the date on which the payments which the 
noncustodial parent has failed to make under a support order are at 
least equal to the support payable for one month.
    (d) The only basis for contesting a withholding under this section 
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.
    (e) The provisions of this section do not apply to that portion of a 
child support order that may be satisfied in kind.
    (f) 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.