C.F.R. » Title 45 » CHAPTER III—OFFICE OF CHILD SUPPORT SERVICES, ADMINISTRATION OF FAMILIES AND SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 302—STATE PLAN REQUIREMENTS

45 C.F.R. § 302.54

Notice of collection of assigned support

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(a) Effective January 1, 1993, the State plan shall provide that the State has in effect procedures for issuing notices of collections as follows:

(1) The IV-D agency must provide a monthly notice of the amount of support payments collected for each month to individuals who have assigned rights to support under section 408(a)(3) of the Act, unless no collection is made in the month, the assignment is no longer in effect and there are no longer any assigned arrearages, or the conditions in paragraph (b) of this section are met.

(2) The monthly notice must list separately payments collected from each noncustodial parent when more than one noncustodial parent owes support to the family and must indicate the amount of current support collected, the amount of arrearages collected and the amount of support collected which was paid to the family.

(b)(1) The Office may grant a waiver to permit a State to provide quarterly, rather than monthly, notices, if the State:

(i) Until September 30, 1997, does not have an automated system that performs child support enforcement activities consistent with § 302.85 or has an automated system that is unable to generate monthly notices; or

(ii) Uses a toll-free automated voice response system which provides the information required under paragraph (a) of this section.

(2) A quarterly notice must be provided in accordance with conditions set forth in paragraph (a)(1) of this section and such notice must contain the information set forth in paragraph (a)(2) of this section.

[57 FR 30681, July 10, 1992, as amended at 61 FR 67241, Dec. 20, 1996; 64 FR 6249, Feb. 9, 1999; 68 FR 25303, May 12, 2003]
Notes of Decisions
Cited in 9 cases, 1987–2004 · leading case: Evelyn Hill v. Irene Ibarra, in Her Off. Capacity the Denver Dep't of Soc. Servs. Mary Krane, in Her Off. Capacity, 954 F.2d 1516 (10th Cir. 1992).
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Evelyn Hill v. Irene Ibarra, in Her Off. Capacity the Denver Dep't of Soc. Servs. Mary Krane, in Her Off. Capacity, 954 F.2d 1516 (10th Cir. 1992). · cites it 2× “1991) and 45 C.F.R. § 302.54 (1990). In the 1984 amendments to the Social Security Act, Congress added the requirement that: in any case where support payments are collected for an individual with respect to whom an assignment under section 602(a)(26) of this title is effective .”
In Re the Marriage of Schletzbaum, 809 P.2d 1251 (Kan. Ct. App. 1991). ““Pursuant to 45 CFR 302.54, the ‘findings that rebut the guidelines shall state the amount of support that would have been required, how the order varies from guidelines, including the value of any property or other support awarded in lieu of support presumed by the guidelines,…”
Barnes v. Healy, 980 F.2d 572 (9th Cir. 1992). · cites it 2× “45 C.F.R. §§ 302.54 , 305.45(a) (1991). The class alleged in the district court that the annual notice failed to provide the information necessary to evaluate the timing and accuracy of the agency’s disbursements and thus violated due process with regard to custodial parents’…”
Vanscoter v. Bowen, 706 F. Supp. 1432 (W.D. Wash. 1989). “§ 654 (5); 45 C.F.R § 302.54. To that extent, individualized notice is already required.”
Bennett v. White, 865 F.2d 1395 (3rd Cir. 1989). “§ 654 (5); 45 C.F.R. § 302.54 (1985). They point out, moreover, that as a part of a court-approved settlement of another lawsuit, Shenigo v.”
Bennett v. White, 671 F. Supp. 343 (E.D. Pa. 1987). “§ 654 (5); 45 C.F.R. § 302.54 . The defendants further submit that as a part of a settlement in another suit, Shenigo v.”
Janice Walters v. Richard Weiss, 392 F.3d 306 (8th Cir. 2004). · cites it 4× “§ 654 (5) and 45 C.F.R. § 302.54 . See Brief for Appellants at 43.”
Schwartz v. Dolan, 86 F.3d 315 (2d Cir. 1996). “Under 45 C.F.R. § 302.54 , a state agency must provide certain information to recipients either on a monthly basis or, if the agency utilizes a VRS, on a quarterly basis.”
Davis v. Eubanks & DHS, 40 S.W.3d 24 (Tenn. Ct. App. 2000). “20 ); and notice of collection of assigned support ( 45 C.F.R. § 302.54 ). See Child Support Enforcement Program, 64 Fed.”
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