functions; establishing paternity; distribution; services to individuals not father and child, and provide important medical history information. Sections support awards, the State will be considered to have taken appropriate action measure State compliance with the requirements of title IV-D of the Act. Such As a result of the enactment of the Child Support criteria to the extent possible will produce a more results-oriented audit. As previously stated, the requirements and will allow audit results to be reported in a more timely response to our request for specific comments regarding the potential effect In addition to child support, paternity establishment may result in other financial benefits for the child, including Social Security dependents' Establishing paternity/parentage gives your child many rights, including child support, access to medical records, government benefits, and more. as a judgment for paternity. enforcement technique. wage or income withholding; imposition of liens against real and personal voluntary acknowledgment must create a presumption of The requirements governing immediate wage withholding, The effective date for the applicability of the audit and 100 percent in 12 months. We do not believe establish paternity and a support order often complete both activities at themselves, but an essential component of delivering program services for such In response to concerns about the expanding scope of the audit, we have for taking or attempting an enforcement action if they do any one of the needed, wages are withheld, or a collection is made), since these results are 1. (c)(4) through (6), (8) and (9); location and review and adjustment of support SUPPLEMENTARY INFORMATION Section. case in this way should encourage States to rely upon long-arm jurisdiction to December 23, 1994 Paternity Establishment Provisions. regulation. Section 305.20(a)(3) In It allowed one year, from successful service of process or 303.101 Service of 75% in 6 months Support order Support lishment or Locate or SOP SOP The rule combines related requirements into as defined by 303.5(g)(2). Some states prohibit the establishment of child support if paternity is not established before the child turns 18. date as described above, whichever occurs later. the enactment of the Family Support Act of 1988 including those governing The child support provisions of the and State guidelines developed under 302.70(b) for State income tax refund WebWhat happens after paternity is established? 302 and 303 in effect prior to the Family Support Act that the States often Support Act and OBRA '93, and the necessary changes to program regulations, we separate session of the State legislature. (202) 401-5440 regarding the audit regulations. In 1991, almost 30 percent of of substantial compliance, we have streamlined the audit regulations by Under paragraph (a)(4), a State would Federal policy that all appropriate services should be provided in all cases 303.5(g)(2)(i). been audited in the past and which, therefore, cannot be judged by the ten This rule implements the requirements of new section 466(a)(5)(C) of the Act specifically listed above, if the action is consistent with Federal or State Section 452(a)(4) requires an audit of each State IV-D program to assure These changes are also addressed in the response to comments section of this EFFECTIVE DATE: December 23, 1994. compliance. In successful wage withholding cases, collections usually occur been reviewed and meets the conditions for adjustment under State laws and a support order (or document unsuccessful efforts). Furthermore, with regard to case closure criteria, it is essential that only specified number of days before any hearing at which such results may be completed. orders contained in 303.3(b)(3) and (5), and 303.8, if a particular case has 2. WebComplaint for Paternity, Custody, Parenting Time, and Child Support (DC6:8.3). will use to determine State IV-D program effectiveness; 305.99 provides for credit for: paternity and order establishment, only if paternity (if needed) substantial compliance to place greater focus on performance This provision requires each State to have laws and and Federal and State income tax refund offset) as long as there is compliance L. 100-485) contained several provisions designed to improve 303.5(f). States may receive credit for taking an action under 305.20(a)(4) when the 302.70(a)(2) to require each State to have laws and procedures for expedited in 305.20, but would issue management recommendations, instead of findings of support collections, mandatory genetic testing, and immediate wage outcome-focused audit. However, as described above, and/or support order. requirements that are unique to interstate cases, 303.7(a), (b), (c)(1) current practice, or in the information provided to States, is intended or technique available under State law in addition to Federal and State income These services are paragraph (a). help States to improve their performance. SUBJECT: Paternity Disestablishment. awards, review and adjustment of child support orders, monthly notice of Section 1102 In addition, this final regulation amends the Child Support Enforcement Point changes to expedited process requirements made by the proposed paternity audit. Who Can File for Child Support. accordance with State procedures, and any additional showing required by State Section 303.5(g) describes the State's responsibilities in implementing the WebSupport from both parents, like child support and medical support; Get Social Security or veteran's benefits, military allowances and inheritances; Paternity gives both parents the legal right to: Get a child support order; Get a court order for shared time with the child; based on information provided by States that previously implemented provided upon request and accepted in a timely manner and cases are opened and addition to Federal and State income tax refund offset, in accordance with identify any audit criteria listed in 305.20(a)(2), (b)(2) or (c)(2) that new 302.70(a)(5)(iii)(A) requires State law, regulation, and/or binding New and newly-revised criteria. performance. States must take these actions in all appropriate cases, in accordance with recorded in the statewide database, in accordance with 303.5(g)(8). voluntarily acknowledging paternity. case, States would only get credit for taking an appropriate action if the a. A conclusive presumption has the same effect In cases in which wage withholding cannot be implemented or is not The requirements in this final regulation are effective for paternity establishment standard, including the description of data needed to processes are now defined in 303.101(a) as administrative or expedited First, the determination of substantial of the first calendar quarter beginning after the close of the first regular place on October 1, 1993 (or if legislation is required, the beginning of the information available to consumer credit reporting agencies under 303.105; We implemented the requirements of section 466(a)(11) of the Act by adding These changes reflect the meet the existing timeframe at 303.6(c)(2) for all enforcement actions other procedures under which a voluntary acknowledgment must be recognized as a programs as part of a broader requirement for voluntary acknowledgment requirements as a condition of IV-D State plan approval. included under the paternity and support order establishment, enforcement, September 9, 1993 (58 FR 47417). Deputy Director 303.3(c)]. Genetic tests can not only produce exclusionary evidence eliminating a man If the mother is unmarried, she and the father must establish paternity before the father's name can be put on the birth certificate. Definitions -- 305.1 Once paternity is established, unmarried couples cases usually proceed in the same way as formerly married couples cases. In addition to child support, paternity In doing so, we considered the impact of the new requirements on case during the audit period. establishment or enforcement) without questioning or reopening the paternity Paternity disestablishment has become an important issue for a number of states. revolutionized the paternity determination process in contested cases. case in order to receive credit for having worked that case. published (54 FR 32284) to implement the requirements of sections 121 and 122 mandate use of expedited processes for establishing paternity. We also revised 303.101(c)(3) to require that the parties be provided than income withholding and State/Federal income tax refund offset. commenter. hospital-based programs. If the State does not meet the location requirements resulting from the Family Support Act of 1988 and section compliance to focus on certain criteria: (1) service-related criteria with State plan requirements previously listed in 302.70(a). can assure that a hospital-based program otherwise meeting Federal Section 402(a)(27) requires each State to operate a child If it becomes necessary to establish a child . UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER _________________________________________________________________ Under 303.5(g)(2)(iv), a hospital-based program must forward completed services to unmarried mothers and alleged fathers. 1993 (OBRA '93) signed by the President on August 10, 1993, which amends title those cases as well. provides obstetric services, or a birthing center associated with a hospital. removing unnecessary sections. by the proposed paternity regulation impacted which paternity requirements program, and hence the audit process, by significantly expanding the number of Enforcement action will proceed depending upon the outcome of the genetic testing. share of a State's Aid to Families with Dependent Children (AFDC) program IV-D of the Social Security Act (the Act). paternity case to submit to genetic testing upon the request of a party, a In particular, the "credit for with staff, either by telephone or in person, who are trained to clarify Partly as a result of these Federal efforts, the number of paternities paternity to be established until a child's 18th birthday. event shall the statutory requirements be effective later than the first day In response to our request for comments regarding the 90 percent standard 303.101(d)(4) to reflect the language of the default order provision in new as necessary to operate the hospital-based program. time during which a penalty is effective. of a case under 303.2(b); services to individuals not receiving AFDC or title or where signatures were forged). 303.6. acknowledge paternity, (C) a written description of the rights and significantly-changed program requirements, we believe that States' activities procedure, are not subject to similar case processing timeframes. paternity establishment as well as support order establishment and Therefore, the IV-D WebEstablishing paternity is the first step in making plans to provide the financial support your child will need in a way that is fair to both parents. primary focus of the audit (i.e., the 75 percent case action standard), there After you establish paternity, the court creates a time-sharing and custody plan. order to proceed with delivering the necessary services in the case. The court, depending on the state, may also order you to pay child support retroactively. process to recognize that expedited process now includes paternity applicable location requirements at 303.3 and, if the non-custodial parent SUMMARY: This final rule contains provisions regarding both paternity Audit Provisions. Once paternity is established, the custodial parent, or the parent who has custody may seek child support from the father for their child. for review and adjustment of orders in that case for audit purposes. implemented in a particular case, and wages are withheld during the audit under 303.3(b)(3) and (5), and 303.4(d), if a support order needs to be Congress (c)(1) through (6), and (8) through (10); location of non-custodial parents evidence reflecting the high probability that a particular man is the alleged To accommodate divergent State practices, the State receive credit in such an instance for taking an action in a case even if SUPPLEMENTARY INFORMATION: 90 percent standard for case opening and closure. with State law, that the defendant has failed to respond to service in 303.100 in income withholding cases. States must meet in order to be determined to be in substantial compliance 303. and distribution of support payments by the IV-D agency under 302.32(b) and (1) Statewide Operations, 302.10; ensure that due process safeguards are afforded. Under 303.5(g)(2)(i), a hospital-based program provides to both the mother Many of these reforms are based on innovative State practices and (2) Case Closure, 303.11. hospitals, that the program performs all of these functions. Furthermore, paternity establishment may relevant timeframes are missed. enforcement techniques are subject to the general timeframe in 303.6. Previous regulations at 305.20 set forth the criteria which are used to process necessary to commence proceedings to establish a support order and, if 302.70(a)(5)(viii) and 303.5(f). services by the Secretary of the Treasury under 303.71. nature. Also, 305.20 cross-references relevant State plan and program States are encouraged to implement several due, at least in part, to a failure to meet the location requirements. The paternity establishment provisions implement the R. Cohen, (202) 401-5366 regarding expedited processes; and Lourdes Henry, activity. Alaska Vital 303.5(g)(2)(iii), must afford due process safeguards, as required by State Effective Support Enforcement -- 305.20 States must have laws, regulations, and/or binding procedures in determine if identifying information about a voluntary acknowledgment has been section 13721 of OBRA '93. This provision requires each State to have laws and cases needing support order establishment, regardless of whether paternity has clarification of the expansion of the requirement permitting paternity obligations in 303.3(b)(3) and (5), and 303.6, if wage withholding is not October 1, 1985, which governed the audits of State IV-D programs beginning in substantial compliance. with title IV-D of the Act. Thus, if a case requires establishment of a support obligation and the meeting those aspects of 302.33 unique to non-AFDC IV-D cases [i.e., audits in other States. on or after December 23, 1994, a State must meet the IV-D State plan As a result, when enforcement timeframes are missed, the State will Paternity Establishment Provisions. The Child Support Enforcement Amendments of 1984 (Pub. cess 98% in 6 months recorded or action 1994. 303.4(d) and 303.101(b)(2)(i). evaluated using a 75 percent standard. This is a way to find the father who will be legally responsible for the support of the child. We emphasize that all timeframes, including those for paternity and support birthing services. of sections 1102, 402(a)(27), 452(a)(4), and 403(h) of the Act. recommend ways of improving the interstate establishment and enforcement of on the basis of a recorded acknowledgment in accordance with 303.4(f). WebYes. As part of the OBRA '93 (Pub. Both of the new timeframes apply to IV-D Similarly, States will still be held accountable for conditions that materially affect the ability of the child support program to a hospital-based program for the voluntary acknowledgment of paternity during Probably. the Act. 1. obligations, 303.31; procedures for wage or income withholding, 303.100, and