What Happened?

If you receive child support or work in a state or tribal child support agency, 25 federal regulatory sections governing how those programs run will be removed from the books starting Nov. 30. The Administration for Children and Families (ACF) published the final rule on Oct. 29. ​

ACF says the removed sections are duplicative of existing law, outdated, or better handled through internal agency guidance. The agency states the rule does not change the underlying legal obligations that state and tribal child support agencies must meet.

The 25 sections fall into several categories:

  • Introductory and scope provisions: Definitions and overview material ACF says is addressed elsewhere in regulation or statute.
  • State plan requirements: Sections ACF considers duplicative of statutory rules on financial participation, recordkeeping, and publicizing services.
  • National Medical Support Notice: The section was removed in favor of the requirements in 42 U.S.C. 666(a)(19) and federally maintained forms and instructions, and commenters had cited employer and plan procedures.
  • Incentive Payments rule: A section superseded Oct. 1, 2001, when a replacement incentive system took full effect.
  • Penalty Phase-In: A section that governed fiscal year 2001 performance calculations and, ACF says, "has long expired."

Why Does it Matter to Me?

Commenters warned that removing the National Medical Support Notice regulation could leave procedures unclear, leading to inconsistent practices among states, employers, and health plan administrators, and potentially disrupting children's health coverage. They also argued the section covers specific situations not fully spelled out in law, including how to contest a withholding based on a mistake of fact and how employers learn when a medical support order is no longer in effect.

ACF disagreed, saying the section restates existing federal law and that federally maintained forms and instructions will preserve the procedures families and agencies rely on.

Both Sides, Now

ACF says the rule is consistent with two executive orders directing agencies to cut regulatory burden: one requiring at least 10 existing regulations be identified for repeal for every new rule issued, and one tied to the administration's broader deregulatory initiative. ACF acted under its own regulatory authority, guided by those executive orders.

ACF received 31 comments on the proposed rule; state child support agencies, at 12 of the 31 commenters, formed the largest single group. Four sections the original proposal would have removed were kept after commenters argued their removal "could lead to confusion, uneven implementation across States, and misinterpretation of key responsibilities." Two commenters also argued that removing a section consolidating reporting requirements would weaken agencies in audits, since sub-regulatory guidance "does not have the same legal weight," but ACF maintained that other existing regulations already cover those obligations.

What Happens Next?

A cross-reference in the regulations still points to one of the removed sections, and ACF said it intends to correct that error in future rulemaking.

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