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:
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.
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.
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.
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.
The procedures referred to in subsection (a)(1)(A) (relating to the withholding from income of amounts payable as support) must provide for the following:
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.
The procedures specified in this subsection are the following:
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:
To order genetic testing for the purpose of paternity establishment as provided in subsection (a)(5).
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.
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.
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):
In cases in which support is subject to an assignment in order to comply with a requirement imposed pursuant to part A, part E, 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.
To order income withholding in accordance with subsections (a)(1)(A) and (b).
In cases in which there is a support arrearage, to secure assets to satisfy any current support obligation and the arrearage by-
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.
The expedited procedures required under subsection (a)(2) shall include the following rules and authority, applicable with respect to all proceedings to establish paternity or to establish, modify, or enforce support orders:
Procedures under which-
Procedures under which-
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.
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.
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.
In order to satisfy section 654(20)(A) of this title, each State must have in effect the Uniform Interstate Family Support Act, as approved by the American Bar Association on February 9, 1993, including any amendments officially adopted as of September 30, 2008 by the National Conference of Commissioners on Uniform State Laws.
In order to satisfy section 654(20)(A) of this title, each State must have in effect-
42 U.S.C. § 666
EDITORIAL NOTES
REFERENCES IN TEXTSections 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. Title I of the Act is classified generally to subchapter I (§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.
CODIFICATIONOctober 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.
AMENDMENTS2014-Subsec. (f). Pub. L. 113-183 struck out "on and after January 1, 1998," before "each State" and "and as in effect on August 22, 1996," before "including any amendments" and substituted "adopted as of September 30, 2008" for "adopted as of such date". 2006-Subsec. (a)(10)(A)(i). Pub. L. 109-171, §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,".Subsec. (a)(14)(A)(iii). Pub. L. 109-171, §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, §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, §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, §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, §7307(a)(2)(A) (ii)(II)(aa), struck out "noncustodial" before "parent".Subsec. (a)(19)(B)(iv). Pub. L. 109-171, §7307(a)(2)(A) (ii)(II)(aa), struck out "noncustodial" before "parent".Subsec. (a)(19)(C). Pub. L. 109-171, §7307(a)(2)(A) (ii)(III), substituted "obligated" for "noncustodial" in two places.1999-Subsec. (a)(7)(A). Pub. L. 106-169, §401(m), substituted "1681a(f) of title 15)" for "1681a(f) of title 15".Subsec. (b)(6)(A)(i). Pub. L. 106-169, §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, §401(f), substituted "social security" for "Social Security".1998-Subsec. (a)(14)(B). Pub. L. 105-200, §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, §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, §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, §5556(e), substituted "January 1, 1994" for "October 1, 1996".Subsec. (a)(3)(B). Pub. L. 105-33, §5532(i)(2), substituted "section 657" for "section 657(b)(4) or (d)(3)". Subsec. (a)(5)(C)(i). Pub. L. 105-33, §5539, inserted ", or through the use of video or audio equipment," after "orally".Subsec. (a)(13). Pub. L. 105-33, §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, §5536(1)(B), inserted "recreational license," after "occupational license,". Pub. L. 105-33, §5536(1)(A), struck out "commercial" before "driver's license".Subsec. (a)(14). Pub. L. 105-33, §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, §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, §5544, inserted "and sporting" after "recreational".Subsec. (c)(1)(E). Pub. L. 105-33, §5538(1)(A), inserted ", part E," after "part A".Subsec. (c)(1)(F). Pub. L. 105-33, §5556(a), made technical amendment to reference in original act which appears in text as reference to subsections (a)(1)(A) and (b).Subsec. (c)(1)(G). Pub. L. 105-33, §5538(1)(B), inserted "any current support obligation and" after "to satisfy" in introductory provisions. Subsec. (c)(2)(A)(i). Pub. L. 105-33, §5538(2)(A), struck out "the tribunal and" after "to file with". Subsec. (c)(2)(A)(ii). Pub. L. 105-33, §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, §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, §§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, §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, §325(a)(1), substituted "Expedited administrative and judicial procedures (including the procedures specified in subsection (c)) 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, §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, §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, §108(c) (14), substituted "section 608(a)(3)" for "section 602(a)(26)".(a)(3)(C). Pub. L. 104-193, §395(d)(1)(H), substituted "noncustodial parent's" for "absent parent's".Subsec. (a)(4). Pub. L. 104-193, §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, §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, §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, §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, §314(b)(2)(A), substituted "income" for "wages".Subsec. (a)(8)(B)(i). Pub. L. 104-193, §§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, §395(d)(1)(H), substituted "noncustodial parent" for "absent parent". Subsec. (a)(10). Pub. L. 104-193, §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, §315, added par. (12).Subsec. (a)(13). Pub. L. 104-193, §317, added par. (13).Subsec. (a)(14). Pub. L. 104-193, §323, added par. (14).Subsec. (a)(15). Pub. L. 104-193, §365(a), added par. (15).Subsec. (a)(16). Pub. L. 104-193, §369, added par. (16).Subsec. (a)(17). Pub. L. 104-193, §372, added par. (17).Subsec. (a)(18). Pub. L. 104-193, §373, added par. (18).Subsec. (a)(19). Pub. L. 104-193, §382, added par. (19).Subsec. (b). Pub. L. 104-193, §314(a)(2)(A), substituted "subsection (a)(1)(A)" for "subsection (a)(1)" in introductory provisions.Subsec. (b)(1). Pub. L. 104-193, §§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, §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, §§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, §§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, §395(d)(1)(H), substituted "noncustodial parent" for "absent parent". Subsec. (b)(4). Pub. L. 104-193, §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, §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, §§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, §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, §314(a)(2)(D) (iii), added cl. (iii). Subsec. (b)(6)(C). Pub. L. 104-193, §314(b)(2)(A), substituted "income" for "wages".Subsec. (b)(6)(D). Pub. L. 104-193, §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, §314(b)(2)(A), substituted "income" for "wages".Subsec. (b)(8). Pub. L. 104-193, §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, §395(d)(1)(H), substituted "noncustodial parents" for "absent parents".Subsec. (b)(11). Pub. L. 104-193, §314(a)(2)(F), added par. (11).Subsec. (c). Pub. L. 104-193, §325(a)(2), added subsec. (c). Pub. L. 104-193, §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, §§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, §321, added subsec. (f).Subsec. (g). Pub. L. 104-193, §364, added subsec. (g). 1994-Subsec. (a)(7). Pub. L. 103-432, §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, §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, §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, §13721(b)(2), added subpars. (C) to (H).Subsec. (a)(11). Pub. L. 103-66, §13721(b)(3), added par. (11). 1988-Subsec. (a)(5). Pub. L. 100-485, §111(b), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (a)(5)(A). Pub. L. 100-485, §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, §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, §103(c), added par. (10).Subsec. (b)(3). Pub. L. 100-485, §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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113-183, §301, 128 Stat. 1945, provided that:"(i) The amendments made by paragraph (1) [amending this section] shall take effect with respect to a State no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, 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 the date of the enactment of this Act [Sept. 29, 2014]."(ii) For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature."
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, §7302, 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, §404, 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 Pub. L. 103-432, §212, 108 Stat. 4461, 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 AMENDMENT Pub. L. 100-647, title VIII, §8105, Nov. 10, 1988, 102 Stat. 3797, 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.Pub. L. 100-485, title I, §101(d), Oct. 13, 1988, 102 Stat. 2346, 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."Pub. L. 100-485, title I, §103(f), Oct. 13, 1988, 102 Stat. 2348, 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 Pub. L. 99-509, title IX, §9103(b), Oct. 21, 1986, 100 Stat. 1973, 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 [42 U.S.C. 651 et seq.] 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 CASESPub. L. 100-485, title I, §101(c), Oct. 13, 1988, 102 Stat. 2345, 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 CASESPub. L. 100-485, title I, §103(d), Oct. 13, 1988, 102 Stat. 2347, 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 AWARDSPub. L. 100-485, title I, §103(e), Oct. 13, 1988, 102 Stat. 2347, 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 Pub. L. 100-485, title I, §126, Oct. 13, 1988, 102 Stat. 2354, as amended by Pub. L. 101-508, §5012, 104 Stat. 1388-221; Pub. L. 102-318, §534, 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.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
- person
- The term "person" means an individual, a trust or estate, a partnership, or a corporation.
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.