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42 U.S.C. § 667 — State guidelines for child support awards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of guidelines; method** Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.
**(b) Availability of guidelines; rebuttable presumption**
(1) The guidelines established pursuant to subsection (a) shall be made available to all judges and other officials who have the power to determine child support awards within such State.
(2) There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.
**(c) Technical assistance to States; State to furnish Secretary with copies** The Secretary shall furnish technical assistance to the States for establishing the guidelines, and each State shall furnish the Secretary with copies of its guidelines.
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Source file: Laws/federal/codes/united-states-code/title-42/section-667-state-guidelines-for-child-support-awards--6430f317f2.md
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Source location: Title 42, Chapter 7, § 667; chapter-007-social-security.md
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**(a) Establishment of guidelines; method** Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.
**(b) Availability of guidelines; rebuttable presumption**
(1) The guidelines established pursuant to subsection (a) shall be made available to all judges and other officials who have the power to determine child support awards within such State.
(2) There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.
**(c) Technical assistance to States; State to furnish Secretary with copies** The Secretary shall furnish technical assistance to the States for establishing the guidelines, and each State shall furnish the Secretary with copies of its guidelines.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Types of procedures required** In order to satisfy [section 654(20)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/20/A&num=0&edition=prelim), 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) 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), shall become subject to withholding as provided in subsection (b) 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)) 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)).
(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 oth
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 666
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Federal law — U.S. Code and appendices · legal_authorities
Page 2350
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 667
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 deter-
mined that State legislation is required in order to con-
form 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 sub-
section (a) [amending this section], the State plan shall
not be regarded as failing to comply with the require-
ments 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 sen-
tence, the term ‘session’ means a regular, special, budg-
et, 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
Pub. 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
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