{"data":{"id":"us/45-cfr-305.33","jurisdiction":"us","citation":"45 CFR 305.33","heading":"Determination of applicable percentages based on performance levels.","body":"(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.\n(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.\n(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.\n(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.\nTable 1—If the Paternity Establishment or Support Order Establishment Performance Level Is:\n(Use this table to determine the applicable percentage levels for the paternity establishment and support order establishment performance measures.)\nAt least: (percent) But less than: (percent) The applicable percentage is:\n80 100\n79 80 98\n78 79 96\n77 78 94\n76 77 92\n75 76 90\n74 75 88\n73 74 86\n72 73 84\n71 72 82\n70 71 80\n69 70 79\n68 69 78\n67 68 77\n66 67 76\n65 66 75\n64 65 74\n63 64 73\n62 63 72\n61 62 71\n60 61 70\n59 60 69\n58 59 68\n57 58 67\n56 57 66\n55 56 65\n54 55 64\n53 54 63\n52 53 62\n51 52 61\n50 51 60\n0 50 0\n(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.\n(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.\n(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.\n(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.\nTable 2—If the Current Collections or Arrearage Collections Performance Level Is:\n(Use this table to determine the percentage levels for the current collections and arrearage collections performance measures.)\nAt least (percent But less than: (percent) The applicable percentage is: (percent)\n80 100\n79 80 98\n78 79 96\n77 78 94\n76 77 92\n75 76 90\n74 75 88\n73 74 86\n72 73 84\n71 72 82\n70 71 80\n69 70 79\n68 69 78\n67 68 77\n66 67 76\n65 66 75\n64 65 74\n63 64 73\n62 63 72\n61 62 71\n60 61 70\n59 60 69\n58 59 68\n57 58 67\n56 57 66\n55 56 65\n54 55 64\n53 54 63\n52 53 62\n51 52 61\n50 51 60\n49 50 59\n48 49 58\n47 48 57\n46 47 56\n45 46 55\n44 45 54\n43 55 53\n42 43 52\n41 42 51\n40 41 50\n0 40 0\n(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.\nTable 3—If the Cost-Effectiveness Performance Level Is:\n(Use this table to determine the percentage level for the cost-effectiveness performance measure.)\nAt least: But less than: The app. % is\n5.00 100\n4.50 4.99 90\n4.00 4.50 80\n3.50 4.00 70\n3.00 3.50 60\n2.50 3.00 50\n2.00 2.50 40\n0.00 2.00 0","path":["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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-45.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:21Z","sha256":"0c31dcf070a1ccd7c7a6ca8b4b51c76d72de28a4f959b6c7bc6c9d55a0132c83","source_id":"us-cfr","stale":true,"prev":"us/45-cfr-305.32","next":"us/45-cfr-305.34"},"notice":"GroundRules: Original legal text. Not legal advice."}
