Part 301 State Plan Approval and Grant Procedures
Part 302 State Plan Requirements
Part 303 Standards for Program Operations
Part 304 Federal Financial Participation
Part 305 Program Performance Measures, Standards, Financial Incentives, and Penalties
Part 307 Computerized Support Enforcement Systems
Part 308 Annual State Self-Assessment Review and Report
Part 309 Tribal Child Support Enforcement (Iv-D) Program
Part 310 Computerized Tribal Iv-D Systems and Office Automation

Terms Used In CFR > Title 45 > Subtitle B > Chapter III

  • Act: means the Farm Credit Act of 1971, as amended. See 12 CFR 622.2
  • Act: means the Social Security Act, and the title referred to is title IV-D of that Act. See 45 CFR 301.1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent of a Child: means a caretaker relative having custody of or responsibility for the child. See 45 CFR 301.1
  • Allocated equities: means stock or surplus representing a patronage payment to a member-borrower that a System institution has retained for the benefit of its membership. See 12 CFR 628.2
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Applicable matching rate: means the rate of Federal funding of State IV-D programs' administrative costs for the appropriate fiscal year. See 45 CFR 301.1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank holding company: means a bank holding company as defined in section 2 of the Bank Holding Company Act. See 12 CFR 628.2
  • Bank Holding Company Act: means the Bank Holding Company Act of 1956, as amended (12 U. See 12 CFR 628.2
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Farm Credit Administration Board. See 12 CFR 622.2
  • Borrower stock: means the capital investment a borrower holds in a System institution in connection with a loan. See 12 CFR 628.2
  • Central authority: means the agency designated by a government to facilitate support enforcement with a foreign reciprocating country (FRC) pursuant to section 459A of the Act. See 45 CFR 301.1
  • Central Office: refer to the Regional Offices and the Central Office of the Office of Child Support Enforcement, respectively. See 45 CFR 301.1
  • 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
  • CFTC: means the U. See 12 CFR 628.2
  • Clean-up call: means a contractual provision that permits an originating System institution or servicer to call securitization exposures before their stated maturity or call date. See 12 CFR 628.2
  • Cleared transaction: means an exposure associated with an outstanding derivative contract or repo-style transaction that a System institution or clearing member has entered into with a central counterparty (that is, a transaction that a central counterparty has accepted). See 12 CFR 628.2
  • Clearing member: means a member of, or direct participant in, a CCP that is entitled to enter into transactions with the CCP. See 12 CFR 628.2
  • Clearing member client: means a party to a cleared transaction associated with a CCP in which a clearing member either acts as a financial intermediary with respect to the party or guarantees the performance of the party to the CCP. See 12 CFR 628.2
  • Collateral agreement: means a legal contract that specifies the time when, and circumstances under which, a counterparty is required to pledge collateral to a System institution for a single financial contract or for all financial contracts in a netting set and confers upon the System institution a perfected, first-priority security interest (notwithstanding the prior security interest of any custodial agent), or the legal equivalent thereof, in the collateral posted by the counterparty under the agreement. See 12 CFR 628.2
  • Commitment: means any legally binding arrangement that obligates a System institution to extend credit or to purchase assets. See 12 CFR 628.2
  • Commodity Exchange Act: means the Commodity Exchange Act of 1936 (7 U. See 12 CFR 628.2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: means a corporation, partnership, limited liability company, depository institution, business trust, special purpose entity, System institution, association, or similar organization. See 12 CFR 628.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Controlling order State: means the State in which the only order was issued or, where multiple orders exist, the State in which the order determined by a tribunal to control prospective current support pursuant to the UIFSA was issued. 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
  • Credit derivative: means a financial contract executed under standard industry credit derivative documentation that allows one party (the protection purchaser) to transfer the credit risk of one or more exposures (reference exposure(s)) to another party (the protection provider) for a certain period of time. See 12 CFR 628.2
  • Credit risk mitigant: means collateral, a credit derivative, or a guarantee. See 12 CFR 628.2
  • Credit union: means an insured credit union as defined under the Federal Credit Union Act (12 U. See 12 CFR 628.2
  • Credit-enhancing representations and warranties: means representations and warranties that are made or assumed in connection with a transfer of underlying exposures (including loan servicing assets) and that obligate a System institution to protect another party from losses arising from the credit risk of the underlying exposures. See 12 CFR 628.2
  • Custodian: means a company that has legal custody of collateral provided to a CCP. See 12 CFR 628.2
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See 45 CFR 301.1
  • Depository institution: means a depository institution as defined in section 3 of the Federal Deposit Insurance Act. See 12 CFR 628.2
  • Derivative contract: means a financial contract whose value is derived from the values of one or more underlying assets, reference rates, or indices of asset values or reference rates. See 12 CFR 628.2
  • Director: means the Director, Office of Child Support Enforcement, who is the Secretary's designee to administer the Child Support Enforcement program under title IV-D. See 45 CFR 301.1
  • Dodd-Frank Act: means the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Pub. See 12 CFR 628.2
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible credit derivative: means a credit derivative in the form of a credit default swap, nth-to-default swap, total return swap, or any other form of credit derivative approved by the FCA, provided that:

    (1) The contract meets the requirements of an eligible guarantee and has been confirmed by the protection purchaser and the protection provider. See 12 CFR 628.2

  • Eligible guarantee: means a guarantee from an eligible guarantor that:

    (1) Is written. See 12 CFR 628.2

  • Exposure: means an amount at risk. See 12 CFR 628.2
  • Farm Credit Act: means the Farm Credit Act of 1971, as amended (12 U. See 12 CFR 628.2
  • FCA: means the Farm Credit Administration. See 12 CFR 622.2
  • Federal Deposit Insurance Act: means the Federal Deposit Insurance Act (12 U. See 12 CFR 628.2
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Deposit Insurance Corporation Improvement Act: means the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U. See 12 CFR 628.2
  • 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
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Financial collateral: means collateral:

    (1) In the form of:

    (i) Cash on deposit at a depository institution or Federal Reserve Bank (including cash held for the System institution by a third-party custodian or trustee). See 12 CFR 628.2

  • First-lien residential mortgage exposure: means a residential mortgage exposure secured by a first lien. See 12 CFR 628.2
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign bank: means a foreign bank as defined in §211. See 12 CFR 628.2
  • 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
  • Forward agreement: means a legally binding contractual obligation to purchase assets with certain drawdown at a specified future date, not including commitments to make residential mortgage loans or forward foreign exchange contracts. See 12 CFR 628.2
  • Fraud: Intentional deception resulting in injury to another.
  • GAAP: means generally accepted accounting principles as used in the United States. See 12 CFR 628.2
  • Gain-on-sale: means an increase in the equity capital of a System institution (as reported on the Call Report) resulting from a traditional securitization (other than an increase in equity capital resulting from the System institution's receipt of cash in connection with the securitization or reporting of a mortgage servicing asset on the Call Report). See 12 CFR 628.2
  • 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
  • General obligation: means a bond or similar obligation that is backed by the full faith and credit of a public sector entity (PSE). See 12 CFR 628.2
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guarantee: means a financial guarantee, letter of credit, insurance, or other similar financial instrument (other than a credit derivative) that allows one party (beneficiary) to transfer the credit risk of one or more specific exposures (reference exposure) to another party (protection provider). See 12 CFR 628.2
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Home country: means the country where an entity is incorporated, chartered, or similarly established. See 12 CFR 628.2
  • 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
  • Insurance company: means an insurance company as defined in section 201 of the Dodd-Frank Act (12 U. See 12 CFR 628.2
  • Insurance underwriting company: means an insurance company as defined in section 201 of the Dodd-Frank Act (12 U. See 12 CFR 628.2
  • Insured depository institution: means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act. See 12 CFR 628.2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interest rate derivative contract: means a single-currency interest rate swap, basis swap, forward rate agreement, purchased interest rate option, when-issued securities, or any other instrument linked to interest rates that gives rise to similar counterparty credit risks. See 12 CFR 628.2
  • International Lending Supervision Act: means the International Lending Supervision Act of 1983 (12 U. See 12 CFR 628.2
  • Investment fund: means a company:

    (1) Where all or substantially all of the assets of the company are financial assets. See 12 CFR 628.2

  • Investment grade: means that the entity to which the System institution is exposed through a loan or security, or the reference entity with respect to a credit derivative, has adequate capacity to meet financial commitments for the projected life of the asset or exposure. See 12 CFR 628.2
  • IV-D Agency: means the single and separate organizational unit in the State that has the responsibility for administering or supervising the administration of the State plan under title IV-D of the Act. See 45 CFR 301.1
  • Junior-lien residential mortgage exposure: means a residential mortgage exposure that is not a first-lien residential mortgage exposure. See 12 CFR 628.2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Member: means a borrower or former borrower from a System institution that holds voting or nonvoting cooperative equities of the institution. See 12 CFR 628.2
  • Money market fund: means an investment fund that is subject to 17 CFR 270. See 12 CFR 628.2
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Bank Act: means the National Bank Act (12 U. See 12 CFR 628.2
  • Netting set: means a group of transactions with a single counterparty that are subject to a qualifying master netting agreement or a qualifying cross-product master netting agreement. See 12 CFR 628.2
  • 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
  • One-state remedies: means the exercise of a State's jurisdiction over a non-resident parent or direct establishment, enforcement, or other action by a State against a non-resident parent in accordance with the long-arm provision of UIFSA or other State law. See 45 CFR 301.1
  • Operating entity: means a company established to conduct business with clients with the intention of earning a profit in its own right and that generally produces goods or provides services beyond the business of investing, reinvesting, holding, or trading in financial assets. See 12 CFR 628.2
  • 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
  • Participation certificate: means borrower stock held by a borrower or customer of a System institution that does not have voting rights. See 12 CFR 628.2
  • 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
  • Patronage payment: means a cash declaration or equity allocation to member-borrowers that pursuant to Internal Revenue Code section 1381(a) is based on a System institution's net income and allocated to borrowers based on business conducted with the institution. See 12 CFR 628.2
  • Personal property: All property that is not real property.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly traded: means traded on:

    (1) Any exchange registered with the Securities and Exchange Commission (SEC) as a national securities exchange under section 6 of the Securities Exchange Act. See 12 CFR 628.2

  • Qualified allocated equities: means patronage allocated to a member-borrower, in the form of stock or surplus, that a System institution retains as equity for the benefit of the membership. See 12 CFR 628.2
  • Qualifying master netting agreement: means a written, legally enforceable agreement provided that:

    (1) The agreement creates a single legal obligation for all individual transactions covered by the agreement upon an event of default following any stay permitted by paragraph (2) of this definition, including upon an event of receivership, conservatorship, insolvency, liquidation, or similar proceeding, of the counterparty. See 12 CFR 628.2

  • 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
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Repo-style transaction: means a repurchase or reverse repurchase transaction, or a securities borrowing or securities lending transaction, including a transaction in which the System institution acts as agent for a customer and indemnifies the customer against loss, provided that:

    (1) The transaction is based solely on liquid and readily marketable securities, cash, or gold. See 12 CFR 628.2

  • Resecuritization: means a securitization which has more than one underlying exposure and in which one or more of the underlying exposures is a securitization exposure. See 12 CFR 628.2
  • Residential mortgage exposure: means an exposure (other than a securitization exposure or equity exposure) that is:

    (1) An exposure that is primarily secured by a first or subsequent lien on one-to-four family residential property, provided that the dwelling (including attached components such as garages, porches, and decks) represents at least 50 percent of the total appraised value of the collateral secured by the first or subsequent lien. See 12 CFR 628.2

  • Responding agency: means the agency that is providing services in response to a referral from an initiating agency in an intergovernmental IV-D case. See 45 CFR 301.1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue obligation: means a bond or similar obligation that is an obligation of a PSE, but which the PSE is committed to repay with revenues from the specific project financed rather than general tax funds. See 12 CFR 628.2
  • Savings and loan holding company: means a savings and loan holding company as defined in section 10 of the Home Owners' Loan Act (12 U. See 12 CFR 628.2
  • Secretary: means the Secretary of Health and Human Services. See 45 CFR 301.1
  • Securities Exchange Act: means the Securities Exchange Act of 1934 (15 U. See 12 CFR 628.2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Servicer cash advance facility: means a facility under which the servicer of the underlying exposures of a securitization may advance cash to ensure an uninterrupted flow of payments to investors in the securitization, including advances made to cover foreclosure costs or other expenses to facilitate the timely collection of the underlying exposures. See 12 CFR 628.2
  • Small Business Act: means the Small Business Act (15 U. See 12 CFR 628.2
  • Small Business Investment Act: means the Small Business Investment Act of 1958 (15 U. See 12 CFR 628.2
  • Sovereign: means a central government (including the U. See 12 CFR 628.2
  • Sovereign default: means noncompliance by a sovereign with its external debt service obligations or the inability or unwillingness of a sovereign government to service an existing loan according to its original terms, as evidenced by failure to pay principal and interest timely and fully, arrearages, or restructuring. See 12 CFR 628.2
  • 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: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Synthetic exposure: means an exposure whose value is linked to the value of an investment in the System institution's own capital instrument. See 12 CFR 628.2
  • Synthetic securitization: means a transaction in which:

    (1) All or a portion of the credit risk of one or more underlying exposures is retained or transferred to one or more third parties through the use of one or more credit derivatives or guarantees (other than a guarantee that transfers only the credit risk of an individual retail exposure). See 12 CFR 628.2

  • System bank: means a Farm Credit Bank, an agricultural credit bank, and a bank for cooperatives. See 12 CFR 628.2
  • System institution: means a System bank, an association of the Farm Credit System, Farm Credit Leasing Services Corporation, and their successors, and any other institution chartered by the FCA that the FCA determines should be considered a System institution for the purposes of this part. See 12 CFR 628.2
  • Testify: Answer questions in court.
  • to-default credit derivative: means a credit derivative that provides credit protection only for the nth-defaulting reference exposure in a group of reference exposures. See 12 CFR 628.2
  • Total capital: means the sum of tier 1 capital and tier 2 capital. See 12 CFR 628.2
  • Traditional securitization: means a transaction in which:

    (1) All or a portion of the credit risk of one or more underlying exposures is transferred to one or more third parties other than through the use of credit derivatives or guarantees. See 12 CFR 628.2

  • Tranche: means all securitization exposures associated with a securitization that have the same seniority level. See 12 CFR 628.2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized under State law to establish, enforce, or modify support orders or to determine parentage. See 45 CFR 301.1
  • Trustee: A person or institution holding and administering property in trust.
  • Two-way market: means a market where there are independent bona fide offers to buy and sell so that a price reasonably related to the last sales price or current bona fide competitive bid and offer quotations can be determined within 1 day and settled at that price within a relatively short timeframe conforming to trade custom. See 12 CFR 628.2
  • Underlying exposures: means one or more exposures that have been securitized in a securitization transaction. See 12 CFR 628.2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.