(a) The State shall have in effect and use procedures which require that any payment or installment of support under any child support order is, on and after the date it is due:
(1) A judgment by operation of law, with the full force, effect, and attributes of a judgment of the State, including the ability to be enforced;
(2) Entitled as a judgment to full faith and credit in such State and in any other State; and
(3) Not subject to retroactive modification by such State or by any other State except as provided in paragraph (b) of this section.
(b) The procedures referred to in paragraph (a)(3) of this section may permit modification with respect to any period during which there is pending a petition for modification, but only from the date that notice of such petition has been given, either directly or through the appropriate agent, to the obligee or (where the obligee is the petitioner) to the obligor.
[54 FR 15764, Apr. 19, 1989]
Notes of Decisions
Cited in
5
cases, 1990–2011 · leading case:
Sullivan v. Edens, 801 S.W.2d 32 (Ark. 1990).
Sullivan v. Edens, 801 S.W.2d 32 (Ark. 1990).
· cites it 2× “See 45 C.F.R. § 303.106 (1989). This final rule discusses the intent of the federal requirement.”
LaMoure v. LaMoure, 198 Cal. App. 4th 807 (Cal. Ct. App. 2011).
“§ 666 (a)(9)(C) & 45 C.F.R. § 303.106 (2000).) The federal child support manual notes that state courts have consistently ruled that child support becomes a judgment as the obligation becomes due.”
Grable v. Grable, 821 S.W.2d 16 (Ark. 1991).
“The pertinent regulation in the instant case is codified at 45 C.F.R. § 303.106 (1989) under the section entitled “Procedures to Prohibit Retroactive Modification of Child Support.”
In re Marriage of Hawking, 608 N.E.2d 327 (Ill. App. Ct. 1992).
“§666 (a)(9)(C) (1988), with the identical regulation appearing at 45 C.F.R. §303.106 (1991). The mandate provides: “§666.”
Burnett v. Burnett, 855 S.W.2d 952 (Ark. 1993).
“See 45 C.F.R. § 303.106 (1989); 54 Fed. Reg. 15,758 (April 19,1989).”
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