ARTICLES - HOT OFF THE FAGGOT

Mark Of The Beast: TITLE 42 CHAPTER 7 SUBCHAPTER IV Part D Sec. 666 (a)(13)(A)

-CITE-

42 USC Sec. 666                                             01/07/2011 (111-383)



-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES                  

Part D - Child Support and Establishment of Paternity



-HEAD-

Sec. 666. Requirement of statutorily prescribed procedures to

improve effectiveness of child support enforcement



-STATUTE-

(a) Types of procedures required

In order to satisfy section 654(20)(A) of this title, each State

must have in effect laws requiring the use of the following

procedures, consistent with this section and with regulations of

the Secretary, to increase the effectiveness of the program which

the State administers under this part:

(1)(A) Procedures described in subsection (b) of this section

for the withholding from income of amounts payable as support in

cases subject to enforcement under the State plan.

(B) Procedures under which the income of a person with a

support obligation imposed by a support order issued (or

modified) in the State before January 1, 1994, if not otherwise

subject to withholding under subsection (b) of this section,

shall become subject to withholding as provided in subsection (b)

of this section if arrearages occur, without the need for a

judicial or administrative hearing.

(2) Expedited administrative and judicial procedures (including

the procedures specified in subsection (c) of this section) for

establishing paternity and for establishing, modifying, and

enforcing support obligations. The Secretary may waive the

provisions of this paragraph with respect to one or more

political subdivisions within the State on the basis of the

effectiveness and timeliness of support order issuance and

enforcement or paternity establishment within the political

subdivision (in accordance with the general rule for exemptions

under subsection (d) of this section).

(3) Procedures under which the State child support enforcement

agency shall request, and the State shall provide, that for the

purpose of enforcing a support order under any State plan

approved under this part - 

(A) any refund of State income tax which would otherwise be

payable to a noncustodial parent will be reduced, after notice

has been sent to that noncustodial parent of the proposed

reduction and the procedures to be followed to contest it (and

after full compliance with all procedural due process

requirements of the State), by the amount of any overdue

support owed by such noncustodial parent;

(B) the amount by which such refund is reduced shall be

distributed in accordance with section 657 of this title in the

case of overdue support assigned to a State pursuant to section

608(a)(3) or 671(a)(17) of this title, or, in any other case,

shall be distributed, after deduction of any fees imposed by

the State to cover the costs of collection, to the child or

parent to whom such support is owed; and

(C) notice of the noncustodial parent's social security

account number (or numbers, if he has more than one such

number) and home address shall be furnished to the State agency

requesting the refund offset, and to the State agency enforcing

the order.



(4) Liens. - Procedures under which - 

(A) liens arise by operation of law against real and personal

property for amounts of overdue support owed by a noncustodial

parent who resides or owns property in the State; and

(B) the State accords full faith and credit to liens

described in subparagraph (A) arising in another State, when

the State agency, party, or other entity seeking to enforce

such a lien complies with the procedural rules relating to

recording or serving liens that arise within the State, except

that such rules may not require judicial notice or hearing

prior to the enforcement of such a lien.



(5) Procedures concerning paternity establishment. - 

(A) Establishment process available from birth until age 18. -



(i) Procedures which permit the establishment of the

paternity of a child at any time before the child attains 18

years of age.

(ii) As of August 16, 1984, clause (i) shall also apply to

a child for whom paternity has not been established or for

whom a paternity action was brought but dismissed because a

statute of limitations of less than 18 years was then in

effect in the State.



(B) Procedures concerning genetic testing. - 

(i) Genetic testing required in certain contested cases. -

Procedures under which the State is required, in a contested

paternity case (unless otherwise barred by State law) to

require the child and all other parties (other than

individuals found under section 654(29) of this title to have

good cause and other exceptions for refusing to cooperate) to

submit to genetic tests upon the request of any such party,

if the request is supported by a sworn statement by the party

- 

(I) alleging paternity, and setting forth facts

establishing a reasonable possibility of the requisite

sexual contact between the parties; or

(II) denying paternity, and setting forth facts

establishing a reasonable possibility of the nonexistence

of sexual contact between the parties.



(ii) Other requirements. - Procedures which require the

State agency, in any case in which the agency orders genetic

testing - 

(I) to pay costs of such tests, subject to recoupment (if

the State so elects) from the alleged father if paternity

is established; and

(II) to obtain additional testing in any case if an

original test result is contested, upon request and advance

payment by the contestant.



(C) Voluntary paternity acknowledgment. - 

(i) Simple civil process. - Procedures for a simple civil

process for voluntarily acknowledging paternity under which

the State must provide that, before a mother and a putative

father can sign an acknowledgment of paternity, the mother

and the putative father must be given notice, orally, or

through the use of video or audio equipment, and in writing,

of the alternatives to, the legal consequences of, and the

rights (including, if 1 parent is a minor, any rights

afforded due to minority status) and responsibilities that

arise from, signing the acknowledgment.

(ii) Hospital-based program. - Such procedures must include

a hospital-based program for the voluntary acknowledgment of

paternity focusing on the period immediately before or after

the birth of a child.

(iii) Paternity establishment services. - 

(I) State-offered services. - Such procedures must

require the State agency responsible for maintaining birth

records to offer voluntary paternity establishment

services.

(II) Regulations. - 

(aa) Services offered by hospitals and birth record

agencies. - The Secretary shall prescribe regulations

governing voluntary paternity establishment services

offered by hospitals and birth record agencies.

(bb) Services offered by other entities. - The

Secretary shall prescribe regulations specifying the

types of other entities that may offer voluntary

paternity establishment services, and governing the

provision of such services, which shall include a

requirement that such an entity must use the same notice

provisions used by, use the same materials used by,

provide the personnel providing such services with the

same training provided by, and evaluate the provision of

such services in the same manner as the provision of such

services is evaluated by, voluntary paternity

establishment programs of hospitals and birth record

agencies.



(iv) Use of paternity acknowledgment affidavit. - Such

procedures must require the State to develop and use an

affidavit for the voluntary acknowledgment of paternity which

includes the minimum requirements of the affidavit specified

by the Secretary under section 652(a)(7) of this title for

the voluntary acknowledgment of paternity, and to give full

faith and credit to such an affidavit signed in any other

State according to its procedures.



(D) Status of signed paternity acknowledgment. - 

(i) Inclusion in birth records. - Procedures under which

the name of the father shall be included on the record of

birth of the child of unmarried parents only if - 

(I) the father and mother have signed a voluntary

acknowledgment of paternity; or

(II) a court or an administrative agency of competent

jurisdiction has issued an adjudication of paternity.



Nothing in this clause shall preclude a State agency from

obtaining an admission of paternity from the father for

submission in a judicial or administrative proceeding, or

prohibit the issuance of an order in a judicial or

administrative proceeding which bases a legal finding of

paternity on an admission of paternity by the father and any

other additional showing required by State law.

(ii) Legal finding of paternity. - Procedures under which a

signed voluntary acknowledgment of paternity is considered a

legal finding of paternity, subject to the right of any

signatory to rescind the acknowledgment within the earlier of

- 

(I) 60 days; or

(II) the date of an administrative or judicial proceeding

relating to the child (including a proceeding to establish

a support order) in which the signatory is a party.



(iii) Contest. - Procedures under which, after the 60-day

period referred to in clause (ii), a signed voluntary

acknowledgment of paternity may be challenged in court only

on the basis of fraud, duress, or material mistake of fact,

with the burden of proof upon the challenger, and under which

the legal responsibilities (including child support

obligations) of any signatory arising from the acknowledgment

may not be suspended during the challenge, except for good

cause shown.



(E) Bar on acknowledgment ratification proceedings. -

Procedures under which judicial or administrative proceedings

are not required or permitted to ratify an unchallenged

acknowledgment of paternity.

(F) Admissibility of genetic testing results. - Procedures - 

(i) requiring the admission into evidence, for purposes of

establishing paternity, of the results of any genetic test

that is - 

(I) of a type generally acknowledged as reliable by

accreditation bodies designated by the Secretary; and

(II) performed by a laboratory approved by such an

accreditation body;



(ii) requiring an objection to genetic testing results to

be made in writing not later than a specified number of days

before any hearing at which the results may be introduced

into evidence (or, at State option, not later than a

specified number of days after receipt of the results); and

(iii) making the test results admissible as evidence of

paternity without the need for foundation testimony or other

proof of authenticity or accuracy, unless objection is made.



(G) Presumption of paternity in certain cases. - Procedures

which create a rebuttable or, at the option of the State,

conclusive presumption of paternity upon genetic testing

results indicating a threshold probability that the alleged

father is the father of the child.

(H) Default orders. - Procedures requiring a default order to

be entered in a paternity case upon a showing of service of

process on the defendant and any additional showing required by

State law.

(I) No right to jury trial. - Procedures providing that the

parties to an action to establish paternity are not entitled to

a trial by jury.

(J) Temporary support order based on probable paternity in

contested cases. - Procedures which require that a temporary

order be issued, upon motion by a party, requiring the

provision of child support pending an administrative or

judicial determination of parentage, if there is clear and

convincing evidence of paternity (on the basis of genetic tests

or other evidence).

(K) Proof of certain support and paternity establishment

costs. - Procedures under which bills for pregnancy,

childbirth, and genetic testing are admissible as evidence

without requiring third-party foundation testimony, and shall

constitute prima facie evidence of amounts incurred for such

services or for testing on behalf of the child.

(L) Standing of putative fathers. - Procedures ensuring that

the putative father has a reasonable opportunity to initiate a

paternity action.

(M) Filing of acknowledgments and adjudications in state

registry of birth records. - Procedures under which voluntary

acknowledgments and adjudications of paternity by judicial or

administrative processes are filed with the State registry of

birth records for comparison with information in the State case

registry.



(6) Procedures which require that a noncustodial parent give

security, post a bond, or give some other guarantee to secure

payment of overdue support, after notice has been sent to such

noncustodial parent of the proposed action and of the procedures

to be followed to contest it (and after full compliance with all

procedural due process requirements of the State).

(7) Reporting arrearages to credit bureaus. - 

(A) In general. - Procedures (subject to safeguards pursuant

to subparagraph (B)) requiring the State to report periodically

to consumer reporting agencies (as defined in section 1681a(f)

of title 15) the name of any noncustodial parent who is

delinquent in the payment of support, and the amount of overdue

support owed by such parent.

(B) Safeguards. - Procedures ensuring that, in carrying out

subparagraph (A), information with respect to a noncustodial

parent is reported - 

(i) only after such parent has been afforded all due

process required under State law, including notice and a

reasonable opportunity to contest the accuracy of such

information; and

(ii) only to an entity that has furnished evidence

satisfactory to the State that the entity is a consumer

reporting agency (as so defined).



(8)(A) Procedures under which all child support orders not

described in subparagraph (B) will include provision for

withholding from income, in order to assure that withholding as a

means of collecting child support is available if arrearages

occur without the necessity of filing application for services

under this part.

(B) Procedures under which all child support orders which are

initially issued in the State on or after January 1, 1994, and

are not being enforced under this part will include the following

requirements:

(i) The income of a noncustodial parent shall be subject to

withholding, regardless of whether support payments by such

parent are in arrears, on the effective date of the order;

except that such income shall not be subject to withholding

under this clause in any case where (I) one of the parties

demonstrates, and the court (or administrative process) finds,

that there is good cause not to require immediate income

withholding, or (II) a written agreement is reached between

both parties which provides for an alternative arrangement.

(ii) The requirements of subsection (b)(1) of this section

(which shall apply in the case of each noncustodial parent

against whom a support order is or has been issued or modified

in the State, without regard to whether the order is being

enforced under the State plan).

(iii) The requirements of paragraphs (2), (5), (6), (7), (8),

(9), and (10) of subsection (b) of this section, where

applicable.

(iv) Withholding from income of amounts payable as support

must be carried out in full compliance with all procedural due

process requirements of the State.



(9) Procedures which require that any payment or installment of

support under any child support order, whether ordered through

the State judicial system or through the expedited processes

required by paragraph (2), is (on and after the date it is due) -



(A) a judgment by operation of law, with the full force,

effect, and attributes of a judgment of the State, including

the ability to be enforced,

(B) entitled as a judgment to full faith and credit in such

State and in any other State, and

(C) not subject to retroactive modification by such State or

by any other State;



except that such procedures may permit modification with respect

to any period during which there is pending a petition for

modification, but only from the date that notice of such petition

has been given, either directly or through the appropriate agent,

to the obligee or (where the obligee is the petitioner) to the

obligor.

(10) Review and adjustment of support orders upon request. - 

(A) 3-year cycle. - 

(i) In general. - Procedures under which every 3 years (or

such shorter cycle as the State may determine), upon the

request of either parent or if there is an assignment under

part A of this subchapter, the State shall with respect to a

support order being enforced under this part, taking into

account the best interests of the child involved - 

(I) review and, if appropriate, adjust the order in

accordance with the guidelines established pursuant to

section 667(a) of this title if the amount of the child

support award under the order differs from the amount that

would be awarded in accordance with the guidelines;

(II) apply a cost-of-living adjustment to the order in

accordance with a formula developed by the State; or

(III) use automated methods (including automated

comparisons with wage or State income tax data) to identify

orders eligible for review, conduct the review, identify

orders eligible for adjustment, and apply the appropriate

adjustment to the orders eligible for adjustment under any

threshold that may be established by the State.



(ii) Opportunity to request review of adjustment. - If the

State elects to conduct the review under subclause (II) or

(III) of clause (i), procedures which permit either party to

contest the adjustment, within 30 days after the date of the

notice of the adjustment, by making a request for review and,

if appropriate, adjustment of the order in accordance with

the child support guidelines established pursuant to section

667(a) of this title.

(iii) No proof of change in circumstances necessary in 3-

year cycle review. - Procedures which provide that any

adjustment under clause (i) shall be made without a

requirement for proof or showing of a change in

circumstances.



(B) Proof of substantial change in circumstances necessary in

request for review outside 3-year cycle. - Procedures under

which, in the case of a request for a review, and if

appropriate, an adjustment outside the 3-year cycle (or such

shorter cycle as the State may determine) under clause (i), the

State shall review and, if the requesting party demonstrates a

substantial change in circumstances, adjust the order in

accordance with the guidelines established pursuant to section

667(a) of this title.

(C) Notice of right to review. - Procedures which require the

State to provide notice not less than once every 3 years to the

parents subject to the order informing the parents of their

right to request the State to review and, if appropriate,

adjust the order pursuant to this paragraph. The notice may be

included in the order.



(11) Procedures under which a State must give full faith and

credit to a determination of paternity made by any other State,

whether established through voluntary acknowledgment or through

administrative or judicial processes.

(12) Locator information from interstate networks. - Procedures

to ensure that all Federal and State agencies conducting

activities under this part have access to any system used by the

State to locate an individual for purposes relating to motor

vehicles or law enforcement.

(13) Recording of social security numbers in certain family

matters. - Procedures requiring that the social security number

of - 

(A) any applicant for a professional license, driver's

license, occupational license, recreational license, or

marriage license be recorded on the application;

(B) any individual who is subject to a divorce decree,

support order, or paternity determination or acknowledgment be

placed in the records relating to the matter; and

(C) any individual who has died be placed in the records

relating to the death and be recorded on the death certificate.



For purposes of subparagraph (A), if a State allows the use of a

number other than the social security number to be used on the

face of the document while the social security number is kept on

file at the agency, the State shall so advise any applicants.

(14) High-volume, automated administrative enforcement in

interstate cases. - 

(A) In general. - Procedures under which - 

(i) the State shall use high-volume automated

administrative enforcement, to the same extent as used for

intrastate cases, in response to a request made by another

State to enforce support orders, and shall promptly report

the results of such enforcement procedure to the requesting

State;

(ii) the State may, by electronic or other means, transmit

to another State a request for assistance in enforcing

support orders through high-volume, automated administrative

enforcement, which request - 

(I) shall include such information as will enable the

State to which the request is transmitted to compare the

information about the cases to the information in the data

bases of the State; and

(II) shall constitute a certification by the requesting

State - 

(aa) of the amount of support under an order the

payment of which is in arrears; and

(bb) that the requesting State has complied with all

procedural due process requirements applicable to each

case;



(iii) if the State provides assistance to another State

pursuant to this paragraph with respect to a case, neither

State shall consider the case to be transferred to the

caseload of such other State (but the assisting State may

establish a corresponding case based on such other State's

request for assistance); and

(iv) the State shall maintain records of - 

(I) the number of such requests for assistance received

by the State;

(II) the number of cases for which the State collected

support in response to such a request; and

(III) the amount of such collected support.



(B) High-volume automated administrative enforcement. - In

this part, the term "high-volume automated administrative

enforcement", in interstate cases, means, on request of another

State, the identification by a State, through automated data

matches with financial institutions and other entities where

assets may be found, of assets owned by persons who owe child

support in other States, and the seizure of such assets by the

State, through levy or other appropriate processes.



(15) Procedures to ensure that persons owing overdue support

work or have a plan for payment of such support. - Procedures

under which the State has the authority, in any case in which an

individual owes overdue support with respect to a child receiving

assistance under a State program funded under part A of this

subchapter, to issue an order or to request that a court or an

administrative process established pursuant to State law issue an

order that requires the individual to - 

(A) pay such support in accordance with a plan approved by

the court, or, at the option of the State, a plan approved by

the State agency administering the State program under this

part; or

(B) if the individual is subject to such a plan and is not

incapacitated, participate in such work activities (as defined

in section 607(d) of this title) as the court, or, at the

option of the State, the State agency administering the State

program under this part, deems appropriate.



(16) Authority to withhold or suspend licenses. - Procedures

under which the State has (and uses in appropriate cases)

authority to withhold or suspend, or to restrict the use of

driver's licenses, professional and occupational licenses, and

recreational and sporting licenses of individuals owing overdue

support or failing, after receiving appropriate notice, to comply

with subpoenas or warrants relating to paternity or child support

proceedings.

(17) Financial institution data matches. - 

(A) In general. - Procedures under which the State agency

shall enter into agreements with financial institutions doing

business in the State - 

(i) to develop and operate, in coordination with such

financial institutions, and the Federal Parent Locator

Service in the case of financial institutions doing business

in two or more States, a data match system, using automated

data exchanges to the maximum extent feasible, in which each

such financial institution is required to provide for each

calendar quarter the name, record address, social security

number or other taxpayer identification number, and other

identifying information for each noncustodial parent who

maintains an account at such institution and who owes past-

due support, as identified by the State by name and social

security number or other taxpayer identification number; and

(ii) in response to a notice of lien or levy, encumber or

surrender, as the case may be, assets held by such

institution on behalf of any noncustodial parent who is

subject to a child support lien pursuant to paragraph (4).



(B) Reasonable fees. - The State agency may pay a reasonable

fee to a financial institution for conducting the data match

provided for in subparagraph (A)(i), not to exceed the actual

costs incurred by such financial institution.

(C) Liability. - A financial institution shall not be liable

under any Federal or State law to any person - 

(i) for any disclosure of information to the State agency

under subparagraph (A)(i);

(ii) for encumbering or surrendering any assets held by

such financial institution in response to a notice of lien or

levy issued by the State agency as provided for in

subparagraph (A)(ii); or

(iii) for any other action taken in good faith to comply

with the requirements of subparagraph (A).



(D) Definitions. - For purposes of this paragraph - 

(i) Financial institution. - The term "financial

institution" has the meaning given to such term by section

669A(d)(1) of this title.

(ii) Account. - The term "account" means a demand deposit

account, checking or negotiable withdrawal order account,

savings account, time deposit account, or money-market mutual

fund account.



(18) Enforcement of orders against paternal or maternal

grandparents. - Procedures under which, at the State's option,

any child support order enforced under this part with respect to

a child of minor parents, if the custodial parent of such child

is receiving assistance under the State program under part A of

this subchapter, shall be enforceable, jointly and severally,

against the parents of the noncustodial parent of such child.

(19) Health care coverage. - Procedures under which - 

(A) effective as provided in section 401(c)(3) of the Child

Support Performance and Incentive Act of 1998, all child

support orders enforced pursuant to this part shall include a

provision for medical support for the child to be provided by

either or both parents, and shall be enforced, where

appropriate, through the use of the National Medical Support

Notice promulgated pursuant to section 401(b) of the Child

Support Performance and Incentive Act of 1998 (and referred to

in section 609(a)(5)(C) of the Employee Retirement Income

Security Act of 1974 [29 U.S.C. 1169(a)(5)(C)] in connection

with group health plans covered under title I of such Act [29

U.S.C. 1001 et seq.], in section 401(e) of the Child Support

Performance and Incentive Act of 1998 in connection with State

or local group health plans, and in section 401(f) of such Act

in connection with church group health plans);

(B) unless alternative coverage is allowed for in any order

of the court (or other entity issuing the child support order),

in any case in which a parent is required under the child

support order to provide such health care coverage and the

employer of such parent is known to the State agency - 

(i) the State agency uses the National Medical Support

Notice to transfer notice of the provision for the health

care coverage of the child to the employer;

(ii) within 20 business days after the date of the National

Medical Support Notice, the employer is required to transfer

the Notice, excluding the severable employer withholding

notice described in section 401(b)(2)(C) of the Child Support

Performance and Incentive Act of 1998, to the appropriate

plan providing any such health care coverage for which the

child is eligible;

(iii) in any case in which the parent is a newly hired

employee entered in the State Directory of New Hires pursuant

to section 653a(e) of this title, the State agency provides,

where appropriate, the National Medical Support Notice,

together with an income withholding notice issued pursuant to

subsection (b), within two days after the date of the entry

of such employee in such Directory; and

(iv) in any case in which the employment of the parent with

any employer who has received a National Medical Support

Notice is terminated, such employer is required to notify the

State agency of such termination; and



(C) any liability of the obligated parent to such plan for

employee contributions which are required under such plan for

enrollment of the child is effectively subject to appropriate

enforcement, unless the obligated parent contests such

enforcement based on a mistake of fact.



Notwithstanding section 654(20)(B) of this title, the procedures

which are required under paragraphs (3), (4), (6), (7), and (15)

need not be used or applied in cases where the State determines

(using guidelines which are generally available within the State

and which take into account the payment record of the noncustodial

parent, the availability of other remedies, and other relevant

considerations) that such use or application would not carry out

the purposes of this part or would be otherwise inappropriate in

the circumstances.

(b) Withholding from income of amounts payable as support

The procedures referred to in subsection (a)(1)(A) of this

section (relating to the withholding from income of amounts payable

as support) must provide for the following:

(1) In the case of each noncustodial parent against whom a

support order is or has been issued or modified in the State, and

is being enforced under the State plan, so much of such parent's

income must be withheld, in accordance with the succeeding

provisions of this subsection, as is necessary to comply with the

order and provide for the payment of any fee to the employer

which may be required under paragraph (6)(A), up to the maximum

amount permitted under section 1673(b) of title 15. If there are

arrearages to be collected, amounts withheld to satisfy such

arrearages, when added to the amounts withheld to pay current

support and provide for the fee, may not exceed the limit

permitted under such section 1673(b), but the State need not

withhold up to the maximum amount permitted under such section in

order to satisfy arrearages.

(2) Such withholding must be provided without the necessity of

any application therefor in the case of a child (whether or not

eligible for assistance under a State program funded under part A

of this subchapter) with respect to whom services are already

being provided under the State plan under this part, and must be

provided in accordance with this subsection on the basis of an

application for services under the State plan in the case of any

other child in whose behalf a support order has been issued or

modified in the State. In either case such withholding must occur

without the need for any amendment to the support order involved

or for any further action (other than those actions required

under this part) by the court or other entity which issued such

order.

(3)(A) The income of a noncustodial parent shall be subject to

such withholding, regardless of whether support payments by such

parent are in arrears, in the case of a support order being

enforced under this part that is issued or modified on or after

the first day of the 25th month beginning after October 13, 1988,

on the effective date of the order; except that such income shall

not be subject to such withholding under this subparagraph in any

case where (i) one of the parties demonstrates, and the court (or

administrative process) finds, that there is good cause not to

require immediate income withholding, or (ii) a written agreement

is reached between both parties which provides for an alternative

arrangement.

(B) The income of a noncustodial parent shall become subject to

such withholding, in the case of income not subject to

withholding under subparagraph (A), on the date on which the

payments which the noncustodial parent has failed to make under a

support order are at least equal to the support payable for one

month or, if earlier, and without regard to whether there is an

arrearage, the earliest of - 

(i) the date as of which the noncustodial parent requests

that such withholding begin,

(ii) the date as of which the custodial parent requests that

such withholding begin, if the State determines, in accordance

with such procedures and standards as it may establish, that

the request should be approved, or

(iii) such earlier date as the State may select.



(4)(A) Such withholding must be carried out in full compliance

with all procedural due process requirements of the State, and

the State must send notice to each noncustodial parent to whom

paragraph (1) applies - 

(i) that the withholding has commenced; and

(ii) of the procedures to follow if the noncustodial parent

desires to contest such withholding on the grounds that the

withholding or the amount withheld is improper due to a mistake

of fact.



(B) The notice under subparagraph (A) of this paragraph shall

include the information provided to the employer under paragraph

(6)(A).

(5) Such withholding must be administered by the State through

the State disbursement unit established pursuant to section 654b

of this title, in accordance with the requirements of section

654b of this title.

(6)(A)(i) The employer of any noncustodial parent to whom

paragraph (1) applies, upon being given notice as described in

clause (ii), must be required to withhold from such noncustodial

parent's income the amount specified by such notice (which may

include a fee, established by the State, to be paid to the

employer unless waived by such employer) and pay such amount

(after deducting and retaining any portion thereof which

represents the fee so established) to the State disbursement unit

within 7 business days after the date the amount would (but for

this subsection) have been paid or credited to the employee, for

distribution in accordance with this part. The employer shall

withhold funds as directed in the notice, except that when an

employer receives an income withholding order issued by another

State, the employer shall apply the income withholding law of the

State of the obligor's principal place of employment in

determining - 

(I) the employer's fee for processing an income withholding

order;

(II) the maximum amount permitted to be withheld from the

obligor's income;

(III) the time periods within which the employer must

implement the income withholding order and forward the child

support payment;

(IV) the priorities for withholding and allocating income

withheld for multiple child support obligees; and

(V) any withholding terms or conditions not specified in the

order.



An employer who complies with an income withholding notice that

is regular on its face shall not be subject to civil liability to

any individual or agency for conduct in compliance with the

notice.

(ii) The notice given to the employer shall be in a standard

format prescribed by the Secretary, and contain only such

information as may be necessary for the employer to comply with

the withholding order.

(iii) As used in this subparagraph, the term "business day"

means a day on which State offices are open for regular business.

(B) Methods must be established by the State to simplify the

withholding process for employers to the greatest extent

possible, including permitting any employer to combine all

withheld amounts into a single payment to each appropriate agency

or entity (with the portion thereof which is attributable to each

individual employee being separately designated).

(C) The employer must be held liable to the State for any

amount which such employer fails to withhold from income due an

employee following receipt by such employer of proper notice

under subparagraph (A), but such employer shall not be required

to vary the normal pay and disbursement cycles in order to comply

with this paragraph.

(D) Provision must be made for the imposition of a fine against

any employer who - 

(i) discharges from employment, refuses to employ, or takes

disciplinary action against any noncustodial parent subject to

income withholding required by this subsection because of the

existence of such withholding and the obligations or additional

obligations which it imposes upon the employer; or

(ii) fails to withhold support from income or to pay such

amounts to the State disbursement unit in accordance with this

subsection.



(7) Support collection under this subsection must be given

priority over any other legal process under State law against the

same income.

(8) For purposes of subsection (a) of this section and this

subsection, the term "income" means any periodic form of payment

due to an individual, regardless of source, including wages,

salaries, commissions, bonuses, worker's compensation,

disability, payments pursuant to a pension or retirement program,

and interest.

(9) The State must extend its withholding system under this

subsection so that such system will include withholding from

income derived within such State in cases where the applicable

support orders were issued in other States, in order to assure

that child support owed by noncustodial parents in such State or

any other State will be collected without regard to the residence

of the child for whom the support is payable or of such child's

custodial parent.

(10) Provision must be made for terminating withholding.

(11) Procedures under which the agency administering the State

plan approved under this part may execute a withholding order

without advance notice to the obligor, including issuing the

withholding order through electronic means.

(c) Expedited procedures

The procedures specified in this subsection are the following:

(1) Administrative action by State agency

Procedures which give the State agency the authority to take

the following actions relating to establishment of paternity or

to establishment, modification, or enforcement of support orders,

without the necessity of obtaining an order from any other

judicial or administrative tribunal, and to recognize and enforce

the authority of State agencies of other States to take the

following actions:

(A) Genetic testing

To order genetic testing for the purpose of paternity

establishment as provided in subsection (a)(5) of this section.

(B) Financial or other information

To subpoena any financial or other information needed to

establish, modify, or enforce a support order, and to impose

penalties for failure to respond to such a subpoena.

(C) Response to State agency request

To require all entities in the State (including for-profit,

nonprofit, and governmental employers) to provide promptly, in

response to a request by the State agency of that or any other

State administering a program under this part, information on

the employment, compensation, and benefits of any individual

employed by such entity as an employee or contractor, and to

sanction failure to respond to any such request.

(D) Access to information contained in certain records

To obtain access, subject to safeguards on privacy and

information security, and subject to the nonliability of

entities that afford such access under this subparagraph, to

information contained in the following records (including

automated access, in the case of records maintained in

automated data bases):

(i) Records of other State and local government agencies,

including - 

(I) vital statistics (including records of marriage,

birth, and divorce);

(II) State and local tax and revenue records (including

information on residence address, employer, income and

assets);

(III) records concerning real and titled personal

property;

(IV) records of occupational and professional licenses,

and records concerning the ownership and control of

corporations, partnerships, and other business entities;

(V) employment security records;

(VI) records of agencies administering public assistance

programs;

(VII) records of the motor vehicle department; and

(VIII) corrections records.



(ii) Certain records held by private entities with respect

to individuals who owe or are owed support (or against or

with respect to whom a support obligation is sought),

consisting of - 

(I) the names and addresses of such individuals and the

names and addresses of the employers of such individuals,

as appearing in customer records of public utilities and

cable television companies, pursuant to an administrative

subpoena authorized by subparagraph (B); and

(II) information (including information on assets and

liabilities) on such individuals held by financial

institutions.

(E) Change in payee

In cases in which support is subject to an assignment in

order to comply with a requirement imposed pursuant to part A

of this subchapter, part E of this subchapter, or section 1396k

of this title, or to a requirement to pay through the State

disbursement unit established pursuant to section 654b of this

title, upon providing notice to obligor and obligee, to direct

the obligor or other payor to change the payee to the

appropriate government entity.

(F) Income withholding

To order income withholding in accordance with subsections

(a)(1)(A) and (b) of this section.

(G) Securing assets

In cases in which there is a support arrearage, to secure

assets to satisfy any current support obligation and the

arrearage by - 

(i) intercepting or seizing periodic or lump-sum payments

from - 

(I) a State or local agency, including unemployment

compensation, workers' compensation, and other benefits;

and

(II) judgments, settlements, and lotteries;



(ii) attaching and seizing assets of the obligor held in

financial institutions;

(iii) attaching public and private retirement funds; and

(iv) imposing liens in accordance with subsection (a)(4) of

this section and, in appropriate cases, to force sale of

property and distribution of proceeds.

(H) Increase monthly payments

For the purpose of securing overdue support, to increase the

amount of monthly support payments to include amounts for

arrearages, subject to such conditions or limitations as the

State may provide.



Such procedures shall be subject to due process safeguards,

including (as appropriate) requirements for notice, opportunity

to contest the action, and opportunity for an appeal on the

record to an independent administrative or judicial tribunal.

(2) Substantive and procedural rules

The expedited procedures required under subsection (a)(2) of

this section shall include the following rules and authority,

applicable with respect to all proceedings to establish paternity

or to establish, modify, or enforce support orders:

(A) Locator information; presumptions concerning notice

Procedures under which - 

(i) each party to any paternity or child support proceeding

is required (subject to privacy safeguards) to file with the

State case registry upon entry of an order, and to update as

appropriate, information on location and identity of the

party, including social security number, residential and

mailing addresses, telephone number, driver's license number,

and name, address, and telephone number of employer; and

(ii) in any subsequent child support enforcement action

between the parties, upon sufficient showing that diligent

effort has been made to ascertain the location of such a

party, the court or administrative agency of competent

jurisdiction shall deem State due process requirements for

notice and service of process to be met with respect to the

party, upon delivery of written notice to the most recent

residential or employer address filed with the State case

registry pursuant to clause (i).

(B) Statewide jurisdiction

Procedures under which - 

(i) the State agency and any administrative or judicial

tribunal with authority to hear child support and paternity

cases exerts statewide jurisdiction over the parties; and

(ii) in a State in which orders are issued by courts or

administrative tribunals, a case may be transferred between

local jurisdictions in the State without need for any

additional filing by the petitioner, or service of process

upon the respondent, to retain jurisdiction over the parties.

(3) Coordination with ERISA

Notwithstanding subsection (d) of section 514 of the Employee

Retirement Income Security Act of 1974 [29 U.S.C. 1144(d)]

(relating to effect on other laws), nothing in this subsection

shall be construed to alter, amend, modify, invalidate, impair,

or supersede subsections (a), (b), and (c) of such section 514

[29 U.S.C. 1144(a)-(c)] as it applies with respect to any

procedure referred to in paragraph (1) and any expedited

procedure referred to in paragraph (2), except to the extent that

such procedure would be consistent with the requirements of

section 206(d)(3) of such Act [29 U.S.C. 1056(d)(3)] (relating to

qualified domestic relations orders) or the requirements of

section 609(a) of such Act [29 U.S.C. 1169(a)] (relating to

qualified medical child support orders) if the reference in such

section 206(d)(3) to a domestic relations order and the reference

in such section 609(a) to a medical child support order were a

reference to a support order referred to in paragraphs (1) and

(2) relating to the same matters, respectively.

(d) Exemption of States

If a State demonstrates to the satisfaction of the Secretary,

through the presentation to the Secretary of such data pertaining

to caseloads, processing times, administrative costs, and average

support collections, and such other data or estimates as the

Secretary may specify, that the enactment of any law or the use of

any procedure or procedures required by or pursuant to this section

will not increase the effectiveness and efficiency of the State

child support enforcement program, the Secretary may exempt the

State, subject to the Secretary's continuing review and to

termination of the exemption should circumstances change, from the

requirement to enact the law or use the procedure or procedures

involved.

(e) "Overdue support" defined

For purposes of this section, the term "overdue support" means

the amount of a delinquency pursuant to an obligation determined

under a court order, or an order of an administrative process

established under State law, for support and maintenance of a minor

child which is owed to or on behalf of such child, or for support

and maintenance of the noncustodial parent's spouse (or former

spouse) with whom the child is living if and to the extent that

spousal support (with respect to such spouse or former spouse)

would be included for purposes of section 654(4) of this title. At

the option of the State, overdue support may include amounts which

otherwise meet the definition in the first sentence of this

subsection but which are owed to or on behalf of a child who is not

a minor child. The option to include support owed to children who

are not minors shall apply independently to each procedure

specified under this section.

(f) Uniform Interstate Family Support Act

In order to satisfy section 654(20)(A) of this title, on and

after January 1, 1998, each State must have in effect the Uniform

Interstate Family Support Act, as approved by the American Bar

Association on February 9, 1993, and as in effect on August 22,

1996, including any amendments officially adopted as of such date

by the National Conference of Commissioners on Uniform State Laws.

(g) Laws voiding fraudulent transfers

In order to satisfy section 654(20)(A) of this title, each State

must have in effect - 

(1)(A) the Uniform Fraudulent Conveyance Act of 1981;

(B) the Uniform Fraudulent Transfer Act of 1984; or

(C) another law, specifying indicia of fraud which create a

prima facie case that a debtor transferred income or property to

avoid payment to a child support creditor, which the Secretary

finds affords comparable rights to child support creditors; and

(2) procedures under which, in any case in which the State

knows of a transfer by a child support debtor with respect to

which such a prima facie case is established, the State must - 

(A) seek to void such transfer; or

(B) obtain a settlement in the best interests of the child

support creditor.



-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 466, as added Pub. L. 98-

378, Sec. 3(b), Aug. 16, 1984, 98 Stat. 1306; amended Pub. L. 99-

509, title IX, Sec. 9103(a), Oct. 21, 1986, 100 Stat. 1973; Pub.

L. 100-485, title I, Secs. 101(a), (b), 103(c), 111(b), (e), Oct.

13, 1988, 102 Stat. 2344-2346, 2349, 2350; Pub. L. 100-647, title

VIII, Sec. 8105(4), Nov. 10, 1988, 102 Stat. 3797; Pub. L. 103-66,

title XIII, Sec. 13721(b), Aug. 10, 1993, 107 Stat. 659; Pub. L.

103-432, title II, Sec. 212(a), Oct. 31, 1994, 108 Stat. 4460; Pub.

L. 104-193, title I, Sec. 108(c)(14), (15), title III, Secs.

301(c)(3), (4), 314, 315, 317, 321, 323, 325(a), 331(a), 351, 364,

365, 367-369, 372, 373, 382, 395(d)(1)(H), (2)(D), Aug. 22, 1996,

110 Stat. 2166, 2200, 2212, 2214, 2220-2222, 2224, 2227, 2239, 2249-

2251, 2254, 2255, 2257, 2259, 2260; Pub. L. 105-33, title V, Secs.

5532(i)(2), 5536-5539, 5544, 5550(a), 5551, 5556(a), (e), Aug. 5,

1997, 111 Stat. 627, 629-631, 633, 634, 637; Pub. L. 105-200, title

IV, Secs. 401(c)(1), 404(a), 406(a), July 16, 1998, 112 Stat. 661,

671; Pub. L. 106-169, title IV, Sec. 401(f), (m), (n), Dec. 14,

1999, 113 Stat. 1858, 1859; Pub. L. 109-171, title VII, Secs.

7301(g), 7302(a), 7307(a)(1), (2)(A)(ii), Feb. 8, 2006, 120 Stat.

145, 146.)



-REFTEXT-

REFERENCES IN TEXT                        

Parts A and E of this subchapter, referred to in subsecs.

(a)(10)(A)(i), (15), (18), (b)(2), and (c)(1)(E), are classified to

sections 601 et seq. and 670 et seq., respectively, of this title.

Sections 401(b) and 401(c)(3) of the Child Support Performance

and Incentive Act of 1998, Pub. L. 105-200, referred to in subsec.

(a)(19)(A), (B)(ii), are set out as notes under sections 651 and

652 of this title, respectively. Sections 401(e) and 401(f) of the

Act, referred to in subsec. (a)(19)(A), are set out in a note under

section 1169 of Title 29, Labor.

The Employee Retirement Income Security Act of 1974, referred to

in subsec. (a)(19)(A), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat.

829, as amended. Title I of the Act is classified generally to

subchapter I (Sec. 1001 et seq.) of chapter 18 of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 1001 of Title 29 and Tables.



-COD-

CODIFICATION                           

October 13, 1988, referred to in subsec. (b)(3)(A), was in the

original "the date of enactment of this paragraph", which was

translated as meaning the date of enactment of Pub. L. 100-485,

which amended par. (3) of this section generally, to reflect the

probable intent of Congress.



-MISC1-

AMENDMENTS                            

2006 - Subsec. (a)(10)(A)(i). Pub. L. 109-171, Sec. 7302(a), in

introductory provisions, substituted "parent or" for "parent, or,"

and struck out "upon the request of the State agency under the

State plan or of either parent," after "under part A of this

subchapter,".

Subsec. (a)(14)(A)(iii). Pub. L. 109-171, Sec. 7301(g), inserted

"(but the assisting State may establish a corresponding case based

on such other State's request for assistance)" before semicolon.

Subsec. (a)(19)(A). Pub. L. 109-171, Sec. 7307(a)(1),

(2)(A)(ii)(I), substituted "shall include a provision for medical

support for the child to be provided by either or both parents, and

shall be enforced" for "which include a provision for the health

care coverage of the child are enforced", "section 401(e)" for

"section 401(e)(3)(C)", and "section 401(f)" for "section

401(f)(5)(C)".

Subsec. (a)(19)(B). Pub. L. 109-171, Sec.

7307(a)(2)(A)(ii)(II)(aa), struck out "noncustodial" before

"parent" in two places in introductory provisions.

Subsec. (a)(19)(B)(iii). Pub. L. 109-171, Sec.

7307(a)(2)(A)(ii)(II)(bb), made technical amendment to reference in

original act which appears in text as reference to subsection (b).

Pub. L. 109-171, Sec. 7307(a)(2)(A)(ii)(II)(aa), struck out

"noncustodial" before "parent".

Subsec. (a)(19)(B)(iv). Pub. L. 109-171, Sec.

7307(a)(2)(A)(ii)(II)(aa), struck out "noncustodial" before

"parent".

Subsec. (a)(19)(C). Pub. L. 109-171, Sec. 7307(a)(2)(A)(ii)(III),

substituted "obligated" for "noncustodial" in two places.

1999 - Subsec. (a)(7)(A). Pub. L. 106-169, Sec. 401(m),

substituted "1681a(f) of title 15)" for "1681a(f) of title 15".

Subsec. (b)(6)(A)(i). Pub. L. 106-169, Sec. 401(n), substituted

"State of the obligor's" for "state of the obligor's" in

introductory provisions.

Subsec. (c)(2)(A)(i). Pub. L. 106-169, Sec. 401(f), substituted

"social security" for "Social Security".

1998 - Subsec. (a)(14)(B). Pub. L. 105-200, Sec. 404(a), amended

heading and text of subpar. (B) generally. Prior to amendment, text

read as follows: "In this part, the term 'high-volume automated

administrative enforcement' means the use of automatic data

processing to search various State data bases, including license

records, employment service data, and State new hire registries, to

determine whether information is available regarding a parent who

owes a child support obligation."

Subsec. (a)(17)(A)(i). Pub. L. 105-200, Sec. 406(a), inserted

"and the Federal Parent Locator Service in the case of financial

institutions doing business in two or more States," before "a data

match system".

Subsec. (a)(19). Pub. L. 105-200, Sec. 401(c)(1), amended heading

and text of par. (19) generally. Prior to amendment, text read as

follows: "Procedures under which all child support orders enforced

pursuant to this part shall include a provision for the health care

coverage of the child, and in the case in which a noncustodial

parent provides such coverage and changes employment, and the new

employer provides health care coverage, the State agency shall

transfer notice of the provision to the employer, which notice

shall operate to enroll the child in the noncustodial parent's

health plan, unless the noncustodial parent contests the notice."

1997 - Subsec. (a)(1)(B). Pub. L. 105-33, Sec. 5556(e),

substituted "January 1, 1994" for "October 1, 1996".

Subsec. (a)(3)(B). Pub. L. 105-33, Sec. 5532(i)(2), substituted

"section 657" for "section 657(b)(4) or (d)(3)".

Subsec. (a)(5)(C)(i). Pub. L. 105-33, Sec. 5539, inserted ", or

through the use of video or audio equipment," after "orally".

Subsec. (a)(13). Pub. L. 105-33, Sec. 5536(2), inserted "to be

used on the face of the document while the social security number

is kept on file at the agency" after "other than the social

security number" in concluding provisions.

Subsec. (a)(13)(A). Pub. L. 105-33, Sec. 5536(1)(B), inserted

"recreational license," after "occupational license,".

Pub. L. 105-33, Sec. 5536(1)(A), struck out "commercial" before

"driver's license".

Subsec. (a)(14). Pub. L. 105-33, Sec. 5550(a), amended heading

and text of par. (14) generally. Prior to amendment, text consisted

of subpars. (A) to (D) relating to administrative enforcement in

interstate cases.

Subsec. (a)(15). Pub. L. 105-33, Sec. 5551, amended heading and

text of par. (15) generally. Prior to amendment, text related to

procedures to ensure that persons owning past-due support work or

have a plan for payment of such support.

Subsec. (a)(16). Pub. L. 105-33, Sec. 5544, inserted "and

sporting" after "recreational".

Subsec. (c)(1)(E). Pub. L. 105-33, Sec. 5538(1)(A), inserted ",

part E of this subchapter," after "part A of this subchapter".

Subsec. (c)(1)(F). Pub. L. 105-33, Sec. 5556(a), made technical

amendment to reference in original act which appears in text as

reference to subsections (a)(1)(A) and (b) of this section.

Subsec. (c)(1)(G). Pub. L. 105-33, Sec. 5538(1)(B), inserted "any

current support obligation and" after "to satisfy" in introductory

provisions.

Subsec. (c)(2)(A)(i). Pub. L. 105-33, Sec. 5538(2)(A), struck out

"the tribunal and" after "to file with".

Subsec. (c)(2)(A)(ii). Pub. L. 105-33, Sec. 5538(2)(B),

substituted "court or administrative agency of competent

jurisdiction shall" for "tribunal may" and "filed with the State

case registry" for "filed with the tribunal".

Subsec. (f). Pub. L. 105-33, Sec. 5537, substituted "and as in

effect on August 22, 1996, including any amendments officially

adopted as of such date by the National Conference of Commissioners

on Uniform State Laws." for "together with any amendments

officially adopted before January 1, 1998 by the National

Conference of Commissioners on Uniform State Laws."

1996 - Subsec. (a). Pub. L. 104-193, Secs. 365(b), 395(d)(1)(H),

in closing provisions, substituted "(7), and (15)" for "and (7)"

and "noncustodial parent" for "absent parent".

Subsec. (a)(1). Pub. L. 104-193, Sec. 314(a)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

"Procedures described in subsection (b) of this section for the

withholding from income of amounts payable as support."

Subsec. (a)(2). Pub. L. 104-193, Sec. 325(a)(1), substituted

"Expedited administrative and judicial procedures (including the

procedures specified in subsection (c) of this section) for

establishing paternity and for establishing, modifying, and

enforcing support obligations." for "Procedures under which

expedited processes (determined in accordance with regulations of

the Secretary) are in effect under the State judicial system or

under State administrative processes (A) for obtaining and

enforcing support orders, and (B) for establishing paternity."

Subsec. (a)(3)(A). Pub. L. 104-193, Sec. 395(d)(1)(H), (2)(D),

substituted "a noncustodial parent" for "an absent parent" and

substituted "noncustodial parent" for "absent parent" in two

places.

Subsec. (a)(3)(B). Pub. L. 104-193, Sec. 301(c)(3), substituted

"in any other case" for "in the case of overdue support which a

State has agreed to collect under section 654(6) of this title".

Pub. L. 104-193, Sec. 108(c)(14), substituted "section 608(a)(3)"

for "section 602(a)(26)".

(a)(3)(C). Pub. L. 104-193, Sec. 395(d)(1)(H), substituted

"noncustodial parent's" for "absent parent's".

Subsec. (a)(4). Pub. L. 104-193, Sec. 368, inserted heading and

amended text of par. (4) generally. Prior to amendment, text read

as follows: "Procedures under which liens are imposed against real

and personal property for amounts of overdue support owed by an

absent parent who resides or owns property in the State."

Subsec. (a)(5). Pub. L. 104-193, Sec. 331(a), inserted heading

and amended text of par. (5) generally. Prior to amendment, text

related to establishment of child's paternity prior to child's

eighteenth birthday.

Subsec. (a)(6). Pub. L. 104-193, Sec. 395(d)(1)(H), (2)(D),

substituted "a noncustodial parent give security" for "an absent

parent give security" and "noncustodial parent of the proposed

action" for "absent parent of the proposed action".

Subsec. (a)(7). Pub. L. 104-193, Sec. 367, inserted heading and

amended text of par. (7) generally. Prior to amendment, text read

as follows: "Procedures which require the State to periodically

report to consumer reporting agencies (as defined in section

1681a(f) of title 15) the name of any parent who owes overdue

support and is at least 2 months delinquent in the payment of such

support and the amount of such delinquency; except that (A) if the

amount of the overdue support involved in any case is less than

$1,000, information regarding such amount shall be made available

only at the option of the State, (B) any information with respect

to an absent parent shall be made available under such procedures

only after notice has been sent to such absent parent of the

proposed action, and such absent parent has been given a reasonable

opportunity to contest the accuracy of such information (and after

full compliance with all procedural due process requirements of the

State), and (C) such information shall not be made available to (i)

a consumer reporting agency which the State determines does not

have sufficient capability to systematically and timely make

accurate use of such information, or (ii) an entity which has not

furnished evidence satisfactory to the State that the entity is a

consumer reporting agency."

Subsec. (a)(8)(A). Pub. L. 104-193, Sec. 314(b)(2)(A),

substituted "income" for "wages".

Subsec. (a)(8)(B)(i). Pub. L. 104-193, Secs. 314(b)(2)(A),

395(d)(2)(D), substituted "income" for "wages" in two places and "a

noncustodial parent" for "an absent parent".

Subsec. (a)(8)(B)(ii). Pub. L. 104-193, Sec. 395(d)(1)(H),

substituted "noncustodial parent" for "absent parent".

Subsec. (a)(10). Pub. L. 104-193, Sec. 351, inserted heading and

amended text of par. (10) generally. Prior to amendment, text

consisted of subpars. (A) to (C) relating to procedures to ensure

review of child support orders and to ensure that States implement

a process for periodic review and adjustment of child support

orders and provide certain notices to parents subject to child

support order of matters relating to the review and adjustment of

those orders.

Subsec. (a)(12). Pub. L. 104-193, Sec. 315, added par. (12).

Subsec. (a)(13). Pub. L. 104-193, Sec. 317, added par. (13).

Subsec. (a)(14). Pub. L. 104-193, Sec. 323, added par. (14).

Subsec. (a)(15). Pub. L. 104-193, Sec. 365(a), added par. (15).

Subsec. (a)(16). Pub. L. 104-193, Sec. 369, added par. (16).

Subsec. (a)(17). Pub. L. 104-193, Sec. 372, added par. (17).

Subsec. (a)(18). Pub. L. 104-193, Sec. 373, added par. (18).

Subsec. (a)(19). Pub. L. 104-193, Sec. 382, added par. (19).

Subsec. (b). Pub. L. 104-193, Sec. 314(a)(2)(A), substituted

"subsection (a)(1)(A)" for "subsection (a)(1)" in introductory

provisions.

Subsec. (b)(1). Pub. L. 104-193, Secs. 314(b)(2)(B),

395(d)(1)(H), substituted "noncustodial parent" for "absent parent"

and "income" for "wages (as defined by the State for purposes of

this section)".

Subsec. (b)(2). Pub. L. 104-193, Sec. 108(c)(15), substituted

"assistance under a State program funded under part A" for "aid

under part A".

Subsec. (b)(3)(A). Pub. L. 104-193, Secs. 314(b)(2)(A),

395(d)(2)(D), substituted "income" for "wages" in two places and "a

noncustodial parent" for "an absent parent".

Subsec. (b)(3)(B). Pub. L. 104-193, Secs. 314(b)(2)(A),

395(d)(1)(H), (2)(D), in introductory provisions, substituted

"income" for "wages" in two places, "a noncustodial parent" for "an

absent parent", and "the noncustodial parent" for "the absent

parent".

Subsec. (b)(3)(B)(i). Pub. L. 104-193, Sec. 395(d)(1)(H),

substituted "noncustodial parent" for "absent parent".

Subsec. (b)(4). Pub. L. 104-193, Sec. 314(a)(2)(B), amended par.

(4) generally. Prior to amendment, par. (4) read as follows:

"(A) Such withholding must be carried out in full compliance with

all procedural due process requirements of the State, and (subject

to subparagraph (B)) the State must send advance notice to each

absent parent to whom paragraph (1) applies regarding the proposed

withholding and the procedures such absent parent should follow if

he or she desires to contest such withholding on the grounds that

withholding (including the amount to be withheld) is not proper in

the case involved because of mistakes of fact. If the absent parent

contests such withholding on those grounds, the State shall

determine whether such withholding will actually occur, shall

(within no more than 45 days after the provision of such advance

notice) inform such parent of whether or not withholding will occur

and (if so) of the date on which it is to begin, and shall furnish

such parent with the information contained in any notice given to

the employer under paragraph (6)(A) with respect to such

withholding.

"(B) The requirement of advance notice set forth in the first

sentence of subparagraph (A) shall not apply in the case of any

State which has a system of income withholding for child support

purposes in effect on August 16, 1984, if such system provides on

that date, and continues to provide, such procedures as may be

necessary to meet the procedural due process requirements of State

law."

Subsec. (b)(5). Pub. L. 104-193, Sec. 314(a)(2)(C), substituted

"the State through the State disbursement unit established pursuant

to section 654b of this title, in accordance with the requirements

of section 654b of this title." for "a public agency designated by

the State, and the amounts withheld must be expeditiously

distributed by the State or such agency in accordance with section

657 of this title under procedures (specified by the State)

adequate to document payments of support and to track and monitor

such payments, except that the State may establish or permit the

establishment of alternative procedures for the collection and

distribution of such amounts (under the supervision of such public

agency) otherwise than through such public agency so long as the

entity making such collection and distribution is publicly

accountable for its actions taken in carrying out such procedures,

and so long as such procedures will assure prompt distribution,

provide for the keeping of adequate records to document payments of

support, and permit the tracking and monitoring of such payments."

Subsec. (b)(6)(A)(i). Pub. L. 104-193, Secs. 314(a)(2)(D)(i),

(b)(2)(A), 395(d)(1)(H), substituted "The employer of any

noncustodial parent" for "The employer of any absent parent",

"withhold from such noncustodial parent's income" for "withhold

from such absent parent's wages", and "to the State disbursement

unit within 7 business days after the date the amount would (but

for this subsection) have been paid or credited to the employee,

for distribution in accordance with this part. The employer shall

withhold funds as directed in the notice, except that when an

employer receives an income withholding order issued by another

State, the employer shall apply the income withholding law of the

state of the obligor's principal place of employment in determining

- " for "to the appropriate agency (or other entity authorized to

collect the amounts withheld under the alternative procedures

described in paragraph (5)) for distribution in accordance with

section 657 of this title.", and added subcls. (I) to (V) and

closing provisions.

Subsec. (b)(6)(A)(ii). Pub. L. 104-193, Sec. 314(a)(2)(D)(ii),

inserted "be in a standard format prescribed by the Secretary, and"

after "employer shall".

Subsec. (b)(6)(A)(iii). Pub. L. 104-193, Sec. 314(a)(2)(D)(iii),

added cl. (iii).

Subsec. (b)(6)(C). Pub. L. 104-193, Sec. 314(b)(2)(A),

substituted "income" for "wages".

Subsec. (b)(6)(D). Pub. L. 104-193, Sec. 314(a)(2)(E),

substituted "any employer who - " for "any employer who discharges

from employment, refuses to employ, or takes disciplinary action

against any absent parent subject to wage withholding required by

this subsection because of the existence of such withholding and

the obligations or additional obligations which it imposes upon the

employer." and added cls. (i) and (ii).

Subsec. (b)(7). Pub. L. 104-193, Sec. 314(b)(2)(A), substituted

"income" for "wages".

Subsec. (b)(8). Pub. L. 104-193, Sec. 314(b)(1), amended par. (8)

generally. Prior to amendment, par. (8) read as follows: "The State

may take such actions as may be necessary to extend its system of

withholding under this subsection so that such system will include

withholding from forms of income other than wages, in order to

assure that child support owed by absent parents in the State will

be collected without regard to the types of such absent parents'

income or the nature of their income-producing activities."

Subsec. (b)(9). Pub. L. 104-193, Sec. 395(d)(1)(H), substituted

"noncustodial parents" for "absent parents".

Subsec. (b)(11). Pub. L. 104-193, Sec. 314(a)(2)(F), added par.

(11).

Subsec. (c). Pub. L. 104-193, Sec. 325(a)(2), added subsec. (c).

Pub. L. 104-193, Sec. 314(c), struck out subsec. (c) which read

as follows: "Any State may at its option, under its plan approved

under section 654 of this title, establish procedures under which

support payments under this part will be made through the State

agency or other entity which administers the State's income

withholding system in any case where either the absent parent or

the custodial parent requests it, even though no arrearages in

child support payments are involved and no income withholding

procedures have been instituted; but in any such case an annual fee

for handling and processing such payments, in an amount not

exceeding the actual costs incurred by the State in connection

therewith or $25, whichever is less, shall be imposed on the

requesting parent by the State."

Subsec. (e). Pub. L. 104-193, Secs. 301(c)(4), 395(d)(1)(H),

substituted "noncustodial parent's spouse" for "absent parent's

spouse" and "section 654(4)" for "paragraph (4) or (6) of section

654".

Subsec. (f). Pub. L. 104-193, Sec. 321, added subsec. (f).

Subsec. (g). Pub. L. 104-193, Sec. 364, added subsec. (g).

1994 - Subsec. (a)(7). Pub. L. 103-432, Sec. 212(a)(1),

substituted "Procedures which require the State to periodically

report to consumer reporting agencies (as defined in section

1681a(f) of title 15) the name of any parent who owes overdue

support and is at least 2 months delinquent in the payment of such

support and the amount of such delinquency" for "Procedures by

which information regarding the amount of overdue support owed by

an absent parent residing in the State will be made available to

any consumer reporting agency (as defined in section 1681a(f) of

title 15) upon the request of such agency".

Subsec. (a)(7)(C). Pub. L. 103-432, Sec. 212(a)(2), substituted

"(C) such information shall not be made available to (i) a consumer

reporting agency which the State determines does not have

sufficient capability to systematically and timely make accurate

use of such information, or (ii) an entity which has not furnished

evidence satisfactory to the State that the entity is a consumer

reporting agency" for "(C) a fee for furnishing such information,

in an amount not exceeding the actual cost thereof, may be imposed

on the requesting agency by the State".

1993 - Subsec. (a)(2). Pub. L. 103-66, Sec. 13721(b)(1), struck

out "at the option of the State," after "and (B)" and inserted "or

paternity establishment" after "support order issuance and

enforcement".

Subsec. (a)(5)(C) to (H). Pub. L. 103-66, Sec. 13721(b)(2), added

subpars. (C) to (H).

Subsec. (a)(11). Pub. L. 103-66, Sec. 13721(b)(3), added par.

(11).

1988 - Subsec. (a)(5). Pub. L. 100-485, Sec. 111(b), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(5)(A). Pub. L. 100-485, Sec. 111(e), as amended by

Pub. L. 100-647, designated existing provisions as cl. (i) and

added cl. (ii).

Subsec. (a)(8). Pub. L. 100-485, Sec. 101(b), designated existing

provisions as subpar. (A), substituted "not described in

subparagraph (B)" for "which are issued or modified in the State",

and added subpar. (B).

Subsec. (a)(10). Pub. L. 100-485, Sec. 103(c), added par. (10).

Subsec. (b)(3). Pub. L. 100-485, Sec. 101(a), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "An absent

parent shall become subject to such withholding, and the advance

notice required under paragraph (4) shall be given, on the earliest

of - 

"(A) the date on which the payments which the absent parent has

failed to make under such order are at least equal to the support

payable for one month,

"(B) the date as of which the absent parent requests that such

withholding begin, or

"(C) such earlier date as the State may select."

1986 - Subsec. (a)(9). Pub. L. 99-509 added par. (9).



EFFECTIVE DATE OF 2006 AMENDMENT                 

Amendment by sections 7301(g) and 7307(a)(1), (2)(A)(ii) of Pub.

L. 109-171 effective as if enacted on Oct. 1, 2005, except as

otherwise provided, see section 7701 of Pub. L. 109-171, set out as

a note under section 603 of this title.

Pub. L. 109-171, title VII, Sec. 7302(b), Feb. 8, 2006, 120 Stat.

145, provided that: "The amendments made by subsection (a)

[amending this section] shall take effect on October 1, 2007."



EFFECTIVE DATE OF 1999 AMENDMENT                 

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.



EFFECTIVE DATE OF 1998 AMENDMENT                 

Amendment by section 401(c)(1) of Pub. L. 105-200 effective with

respect to periods beginning on or after the later of Oct. 1, 2001,

or the effective date of laws enacted by the legislature of such

State implementing such amendment, but in no event later than the

first day of the first calendar quarter beginning after the close

of the first regular session of the State legislature that begins

after Oct. 1, 2001, see section 401(c)(3) of Pub. L. 105-200, as

amended, set out as a note under section 652 of this title.

Pub. L. 105-200, title IV, Sec. 404(b), July 16, 1998, 112 Stat.

671, provided that: "The amendment made by subsection (a) [amending

this section] shall take effect as if included in the enactment of

section 5550 of the Balanced Budget Act of 1997 (Public Law 105-33;

111 Stat. 633)."



EFFECTIVE DATE OF 1997 AMENDMENT                 

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, except

that amendment made by section 5536(1)(A) of Pub. L. 105-33 not

effective with respect to a State until Oct. 1, 2000, or such

earlier date as the State may elect, see section 5557 of Pub. L.

105-33, as amended, set out as a note under section 608 of this

title.



EFFECTIVE DATE OF 1996 AMENDMENT                 

Amendment by section 108(c)(14), (15) of Pub. L. 104-193

effective July 1, 1997, with transition rules relating to State

options to accelerate such date, rules relating to claims, actions,

and proceedings commenced before such date, rules relating to

closing out of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for

Family Support, and provisions relating to termination of

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as an Effective Date note under section 601 of

this title.

For effective date of amendments by title III of Pub. L. 104-193,

see section 395(a)-(c) of Pub. L. 104-193, set out as a note under

section 654 of this title.



EFFECTIVE DATE OF 1994 AMENDMENT                 

Section 212(b) of Pub. L. 103-432 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1995."



EFFECTIVE DATE OF 1993 AMENDMENT                 

Amendment by Pub. L. 103-66 effective with respect to a State on

later of Oct. 1, 1993, or date of enactment by legislature of such

State of all laws required by such amendments made by section 13721

of Pub. L. 103-66, but in no event later than first day of first

calendar quarter beginning after close of first regular session of

State legislature that begins after Aug. 10, 1993, and, in case of

State that has 2-year legislative session, each year of such

session deemed to be separate regular session of State legislature,

see section 13721(c) of Pub. L. 103-66, set out as a note under

section 652 of this title.



EFFECTIVE DATE OF 1988 AMENDMENTS                 

Section 8105 of Pub. L. 100-647 provided that amendments made by

that section, amending sections 607 and 669 of this title and

amending provisions of Pub. L. 100-485 which are classified to this

section and section 607 of this title, are effective on date of

enactment of Family Support Act of 1988, Pub. L. 100-485, which was

approved Oct. 13, 1988.

Section 101(d) of Pub. L. 100-485 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall become effective on the first day of the 25th month beginning

after the date of the enactment of this Act [Oct. 13, 1988].

"(2) The amendments made by subsection (b) [amending this

section] shall become effective on January 1, 1994.

"(3) Subsection (c) [set out below] shall become effective on the

date of the enactment of this Act."

Section 103(f) of Pub. L. 100-485 provided that: "The amendments

made by subsections (a), (b), and (c) [amending this section and

section 667 of this title] shall become effective one year after

the date of the enactment of this Act [Oct. 13, 1988]."

Amendment by section 111(b) of Pub. L. 100-485 effective on first

day of first month beginning one year or more after Oct. 13, 1988,

see section 111(f)(2) of Pub. L. 100-485, set out as a note under

section 654 of this title.

Amendment by section 111(e) of Pub. L. 100-485 effective Oct. 13,

1988, see section 111(f)(1) of Pub. L. 100-485, set out as a note

under section 652 of this title.



EFFECTIVE DATE OF 1986 AMENDMENT                 

Section 9103(b) of Pub. L. 99-509 provided that:

"(1) Except as provided in paragraph (2), the amendment made by

subsection (a) [amending this section] shall become effective on

the date of the enactment of this Act [Oct. 21, 1986].

"(2) In the case of a State with respect to which the Secretary

of Health and Human Services has determined that State legislation

is required in order to conform the State plan approved under part

D of title IV of the Social Security Act [this part] to the

requirements imposed by the amendment made by subsection (a)

[amending this section], the State plan shall not be regarded as

failing to comply with the requirements of such part solely by

reason of its failure to meet the requirements imposed by such

amendment prior to the beginning of the fourth month beginning

after the end of the first session of the State legislature which

ends on or after the date of the enactment of this Act [Oct. 21,

1986]. For purposes of the preceding sentence, the term 'session'

means a regular, special, budget, or other session of a State

legislature."



EFFECTIVE DATE                          

Section effective Oct. 1, 1985, except that subsec. (e) effective

with respect to support owed for any month beginning after Aug. 16,

1984, see section 3(g) of Pub. L. 98-378, set out as an Effective

Date of 1984 Amendment note under section 654 of this title.



STUDY ON MAKING IMMEDIATE INCOME WITHHOLDING MANDATORY IN ALL CASES

Section 101(c) of Pub. L. 100-485 directed Secretary of Health

and Human Services to conduct a study of administrative

feasibility, cost implications, and other effects of requiring

immediate income withholding with respect to all child support

awards in a State and report on results of such study not later

than 3 years after Oct. 13, 1988.



STUDY OF IMPACT OF EXTENDING PERIODIC REVIEW REQUIREMENTS TO ALL

OTHER CASES

Section 103(d) of Pub. L. 100-485 directed Secretary of Health

and Human Resources, within 2 years after Oct. 13, 1988, to conduct

and complete a study to determine impact on child support awards

and the courts of requiring each State to periodically review all

child support orders in effect in the State.



DEMONSTRATION PROJECTS FOR EVALUATING MODEL PROCEDURES FOR

REVIEWING CHILD SUPPORT AWARDS

Section 103(e) of Pub. L. 100-485 authorized an agreement between

Secretary of Health and Human Services and each State submitting an

application for purpose of conducting a demonstration project to

test and evaluate model procedures for reviewing child support

award amounts, directed that such projects be commenced not later

than Sept. 30, 1989, and be conducted for a 2-year period, and

directed Secretary to report results of such projects to Congress

not later than 6 months after all projects are completed.



COMMISSION ON INTERSTATE CHILD SUPPORT              

Section 126 of Pub. L. 100-485, as amended by Pub. L. 101-508,

title V, Sec. 5012(a), Nov. 5, 1990, 104 Stat. 1388-221; Pub. L.

102-318, title V, Sec. 534(a), July 3, 1992, 106 Stat. 317,

established Commission on Interstate Child Support to hold national

conferences on interstate child support reform and prepare report

to Congress containing recommendations for improving interstate

establishment and enforcement of child support awards and for

revising Uniform Reciprocal Enforcement of Support Act and provided

for powers of the Commission, appropriations, and termination of

the Commission on Sept. 30, 1992.



-End-

No comments: