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Residency requirements for IV-D services DC-94-45 July 27, 1994 TO ALL STATE IV-D DIRECTORS Dear Colleague: It has come to our attention that some State and local IV-D offices may be imposing restrictions on applicants for IV-D services by denying services to non-residents. As stated in the preamble to the final regulations governing Standards for Program Operations, (54 FR 32295, at 32306, August 4, 1989), there is no State residency requirement as a prerequisite to receipt of IV-D services. Section 454(6) of the Social Security Act and 45 CFR 302.33 require that States must provide child support collection or paternity determination services to any individual not otherwise eligible for such services upon an application filed by that individual. There may be instances however, when it may be difficult or impossible for a IV-D agency to provide services to a non-resident. For example, this might occur when neither the obligor nor the obligee has any tie to the State in which the custodial parent requests IV-D services, jurisdiction over the obligor cannot be obtained, where the custodial parent would have to travel great distances to appear for hearings, or is merely searching for the State with the most favorable laws. In such cases IV-D agencies must still accept applications for services, but may want to inform applicants of the ramifications of having the IV-D agency in that State work the case. Thank you for your continued efforts on behalf of our nation's children. Sincerely, David Gray Ross Deputy Director Office of Child Support Enforcement
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