dc-94-45

Dear Colleague DC-94-45


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