-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
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(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-
