§ 302.0 Scope of this part
§ 302.1 Definitions
§ 302.10 Statewide operations
§ 302.11 State financial participation
§ 302.12 Single and separate organizational unit
§ 302.13 Plan amendments
§ 302.14 Fiscal policies and accountability
§ 302.15 Reports and maintenance of records
§ 302.17 Inclusion of State statutes
§ 302.19 Bonding of employees
§ 302.20 Separation of cash handling and accounting functions
§ 302.30 Publicizing the availability of support enforcement services
§ 302.31 Establishing paternity and securing support
§ 302.32 Collection and disbursement of support payments by the IV-D agency
§ 302.33 Services to individuals not receiving title IV-A assistance
§ 302.34 Cooperative arrangements
§ 302.35 State parent locator service
§ 302.36 Provision of services in intergovernmental IV-D cases
§ 302.38 Payments to the family
§ 302.39 Standards for program operation
§ 302.50 Assignment of rights to support
§ 302.51 Distribution of support collections
§ 302.52 Distribution of support collected in Title IV-E foster care maintenance cases
§ 302.54 Notice of collection of assigned support
§ 302.55 Incentive payments to States and political subdivisions
§ 302.56 Guidelines for setting child support orders
§ 302.60 Collection of past-due support from Federal tax refunds
§ 302.65 Withholding of unemployment compensation
§ 302.70 Required State laws
§ 302.75 Procedures for the imposition of late payment fees on noncustodial parents who owe overdue support
§ 302.80 Medical support enforcement
§ 302.85 Mandatory computerized support enforcement system

Terms Used In 45 CFR Part 302

  • Act: means the Social Security Act, and the title referred to is title IV-D of that Act. See 45 CFR 301.1
  • Agent of a Child: means a caretaker relative having custody of or responsibility for the child. See 45 CFR 301.1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Central registry: means a single unit or office within the State IV-D agency which receives, disseminates and has oversight responsibility for processing incoming interstate IV-D cases, including UIFSA petitions and requests for wage withholding in IV-D cases and, at the option of the State, intrastate IV-D cases. See 45 CFR 301.1
  • Country: means a foreign country (or a political subdivision thereof) declared to be an FRC under section 459A of the Act and any foreign country (or political subdivision thereof) with which the State has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the extent consistent with Federal law pursuant to section 459A(d) of the Act. See 45 CFR 301.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal PLS: means the Parent Locator Service operated by the Office of Child Support Enforcement pursuant to section 452(a)(9) of the Act. See 45 CFR 301.1
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Form: means a federally-approved document used for the establishment and enforcement of support obligations whether compiled or transmitted in written or electronic format, including but not limited to the Income Withholding for Support form, and the National Medical Support Notice. See 45 CFR 301.1
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Initiating agency: means a State or Tribal IV-D agency or an agency in a country, as defined in this rule, in which an individual has applied for or is receiving services. See 45 CFR 301.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medicaid: means medical assistance provided under a State plan approved under title XIX of the Act. See 45 CFR 301.1
  • Medicaid agency: means the single State agency that has the responsibility for the administration of, or supervising the administration of, the State plan under title XIX of the Act. See 45 CFR 301.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the Office of Child Support Enforcement which is the separate organizational unit within the Department with the responsibility for the administration of the program under this title. See 45 CFR 301.1
  • Overdue support: means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child, which is owed to or on behalf of the child, or for the noncustodial parent's spouse (or former spouse) with whom the child is living, but only if a support obligation has been established with respect to the spouse and the support obligation established with respect to the child is being enforced under State's IV-D plan. See 45 CFR 301.1
  • Past-due support: means the amount of support determined under a court order or an order of an administrative process established under State law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid. See 45 CFR 301.1
  • Personal property: All property that is not real property.
  • Political subdivision: means a legal entity of the State as defined by the State, including a legal entity of the political subdivision so defined, such as a Prosecuting or District Attorney or a Friend of the Court. See 45 CFR 301.1
  • Procedures: means a set of instructions in a record which describe in detail the step by step actions to be taken by child support enforcement personnel in the performance of a specific function under the State's IV-D plan. See 45 CFR 301.1
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See 45 CFR 301.1
  • Secretary: means the Secretary of Health and Human Services. See 45 CFR 301.1
  • Spousal support: means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support. See 45 CFR 301.1
  • State: means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa. See 45 CFR 301.1
  • State plan: means the State plan for child and spousal support under section 454 of the Act. See 45 CFR 301.1
  • State PLS: means the service established by the IV-D agency pursuant to section 454(8) of the Act to locate parents. See 45 CFR 301.1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.