Federal regulations · Through 2026-08-25 · Newer source version available

45 CFR 305.33: Determination of applicable percentages based on performance levels.

(a) A State's paternity establishment performance level for a fiscal year is, at the option of the State, the IV-D paternity establishment percentage or the Statewide paternity establishment percentage determined under § 305.2 of this part. The applicable percentage for each level of a State's paternity establishment performance can be found in table 1 of this part, except as provided in paragraph (b) of this section.
(b) If the State's paternity establishment performance level for a fiscal year is less than 50 percent, but exceeds its paternity establishment performance level for the immediately preceding fiscal year by at least 10 percentage points, then the State's applicable percentage for the paternity establishment performance level is 50 percent.
(c) A State's support order establishment performance level for a fiscal year is the percentage of the total number of cases where there is a support order determined under §§ 305.2 and 305.32 of this part. The applicable percentage for each level of a State's support order establishment performance can be found on table 1 of this part, except as provided in paragraph (d) of this section.
(d) If the State's support order establishment performance level for a fiscal year is less than 50 percent, but exceeds the State's support order establishment performance level for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.
Table 1—If the Paternity Establishment or Support Order Establishment Performance Level Is:
(Use this table to determine the applicable percentage levels for the paternity establishment and support order establishment performance measures.)
At least: (percent) But less than: (percent) The applicable percentage is:
80 100
79 80 98
78 79 96
77 78 94
76 77 92
75 76 90
74 75 88
73 74 86
72 73 84
71 72 82
70 71 80
69 70 79
68 69 78
67 68 77
66 67 76
65 66 75
64 65 74
63 64 73
62 63 72
61 62 71
60 61 70
59 60 69
58 59 68
57 58 67
56 57 66
55 56 65
54 55 64
53 54 63
52 53 62
51 52 61
50 51 60
0 50 0
(e) A State's current collections performance level for a fiscal year is equal to the total amount of current support collected during the fiscal year divided by the total amount of current support owed during the fiscal year in all IV-D cases, determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's current collections performance level can be found on table 2, except as provided in paragraph (f) of this section.
(f) If the State's current collections performance level for a fiscal year is less than 40 percent but exceeds the current collections performance level of the State for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.
(g) A State's arrearage collections performance level for a fiscal year is equal to the total number of IV-D cases in which payments of past-due child support were received and distributed during the fiscal year, divided by the total number of IV-D cases in which there was past-due child support owed, as determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's arrearage collections performance level can be found on table 2 except as provided in paragraph (h) of this section.
(h) If the State's arrearage collections performance level for a fiscal year is less than 40 percent but exceeds the arrearage collections performance level for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.
Table 2—If the Current Collections or Arrearage Collections Performance Level Is:
(Use this table to determine the percentage levels for the current collections and arrearage collections performance measures.)
At least (percent But less than: (percent) The applicable percentage is: (percent)
80 100
79 80 98
78 79 96
77 78 94
76 77 92
75 76 90
74 75 88
73 74 86
72 73 84
71 72 82
70 71 80
69 70 79
68 69 78
67 68 77
66 67 76
65 66 75
64 65 74
63 64 73
62 63 72
61 62 71
60 61 70
59 60 69
58 59 68
57 58 67
56 57 66
55 56 65
54 55 64
53 54 63
52 53 62
51 52 61
50 51 60
49 50 59
48 49 58
47 48 57
46 47 56
45 46 55
44 45 54
43 55 53
42 43 52
41 42 51
40 41 50
0 40 0
(i) A State's cost-effectiveness performance level for a fiscal year is equal to the total amount of IV-D support collected and disbursed or retained, as applicable during the fiscal year, divided by the total amount expended during the fiscal year, as determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's cost-effectiveness performance level can be found on table 3.
Table 3—If the Cost-Effectiveness Performance Level Is:
(Use this table to determine the percentage level for the cost-effectiveness performance measure.)
At least: But less than: The app. % is
5.00 100
4.50 4.99 90
4.00 4.50 80
3.50 4.00 70
3.00 3.50 60
2.50 3.00 50
2.00 2.50 40
0.00 2.00 0

Where this section sits in the code

Title 45—Public Welfare
Subtitle B—Regulations Relating to Public Welfare
CHAPTER III—OFFICE OF CHILD SUPPORT SERVICES, ADMINISTRATION OF FAMILIES AND SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 305—PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, AND PENALTIES

(b) If the State's paternity establishment performance level for a fiscal year is less than 50 percent, but exceeds its paternity establishment performance level for the immediately preceding fiscal year by at least 10 percentage points, then the State's applicable percentage for the paternity establishment performance level is 50 percent.

(c) A State's support order establishment performance level for a fiscal year is the percentage of the total number of cases where there is a support order determined under §§ 305.2 and 305.32 of this part. The applicable percentage for each level of a State's support order establishment performance can be found on table 1 of this part, except as provided in paragraph (d) of this section.

(d) If the State's support order establishment performance level for a fiscal year is less than 50 percent, but exceeds the State's support order establishment performance level for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.

Table 1—If the Paternity Establishment or Support Order Establishment Performance Level Is:

(Use this table to determine the applicable percentage levels for the paternity establishment and support order establishment performance measures.)

At least: (percent) But less than: (percent) The applicable percentage is:

80 100

79 80 98

78 79 96

77 78 94

76 77 92

75 76 90

74 75 88

73 74 86

72 73 84

71 72 82

70 71 80

69 70 79

68 69 78

67 68 77

66 67 76

65 66 75

64 65 74

63 64 73

62 63 72

61 62 71

60 61 70

59 60 69

58 59 68

57 58 67

56 57 66

55 56 65

54 55 64

53 54 63

52 53 62

51 52 61

50 51 60

0 50 0

(e) A State's current collections performance level for a fiscal year is equal to the total amount of current support collected during the fiscal year divided by the total amount of current support owed during the fiscal year in all IV-D cases, determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's current collections performance level can be found on table 2, except as provided in paragraph (f) of this section.

(f) If the State's current collections performance level for a fiscal year is less than 40 percent but exceeds the current collections performance level of the State for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.

(g) A State's arrearage collections performance level for a fiscal year is equal to the total number of IV-D cases in which payments of past-due child support were received and distributed during the fiscal year, divided by the total number of IV-D cases in which there was past-due child support owed, as determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's arrearage collections performance level can be found on table 2 except as provided in paragraph (h) of this section.

(h) If the State's arrearage collections performance level for a fiscal year is less than 40 percent but exceeds the arrearage collections performance level for the immediately preceding fiscal year by at least 5 percentage points, then the State's applicable percentage is 50 percent.

Table 2—If the Current Collections or Arrearage Collections Performance Level Is:

(Use this table to determine the percentage levels for the current collections and arrearage collections performance measures.)

At least (percent But less than: (percent) The applicable percentage is: (percent)

80 100

79 80 98

78 79 96

77 78 94

76 77 92

75 76 90

74 75 88

73 74 86

72 73 84

71 72 82

70 71 80

69 70 79

68 69 78

67 68 77

66 67 76

65 66 75

64 65 74

63 64 73

62 63 72

61 62 71

60 61 70

59 60 69

58 59 68

57 58 67

56 57 66

55 56 65

54 55 64

53 54 63

52 53 62

51 52 61

50 51 60

49 50 59

48 49 58

47 48 57

46 47 56

45 46 55

44 45 54

43 55 53

42 43 52

41 42 51

40 41 50

0 40 0

(i) A State's cost-effectiveness performance level for a fiscal year is equal to the total amount of IV-D support collected and disbursed or retained, as applicable during the fiscal year, divided by the total amount expended during the fiscal year, as determined under §§ 305.2 and 305.32 of this part. The applicable percentage with respect to a State's cost-effectiveness performance level can be found on table 3.

Table 3—If the Cost-Effectiveness Performance Level Is:

(Use this table to determine the percentage level for the cost-effectiveness performance measure.)

At least: But less than: The app. % is

5.00 100

4.50 4.99 90

4.00 4.50 80

3.50 4.00 70

3.00 3.50 60

2.50 3.00 50

2.00 2.50 40

0.00 2.00 0

Collected 2026-08-27T02:26:21Z. Source file · JSON

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