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42 U.S.C. § 654b — Collection and disbursement of support payments

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 654b — Collection and disbursement of support payments

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Stable record: federal_law:legal_authorities:record_usc_bcc57fde9436a9b213952d18
Source file: Laws/federal/codes/united-states-code/title-42/section-654b-collection-and-disbursement-of-support-payments--6a0ea17a0b.md
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Source location: Title 42, Chapter 7, § 654b; chapter-007-social-security.md

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**(a) State disbursement unit** (1) **In general** — In order for a State to meet the requirements of this section, the State agency must establish and operate a unit (which shall be known as the “State disbursement unit”) for the collection and disbursement of payments under support orders— (A) in all cases being enforced by the State pursuant to [section 654(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/4&num=0&edition=prelim); and (B) in all cases not being enforced by the State under this part in which the support order is initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding pursuant to [section 666(a)(8)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section666/a/8/B&num=0&edition=prelim). (2) **Operation** — The State disbursement unit shall be operated— (A) directly by the State agency (or 2 or more State agencies under a regional cooperative agreement), or (to the extent appropriate) by a contractor responsible directly to the State agency; and (B) except in cases described in paragraph (1)(B), in coordination with the automated system established by the State pursuant to [section 654a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654a&num=0&edition=prelim). (3) **Linking of local disbursement units** — The State disbursement unit may be established by linking local disbursement units through an automated information network, subject to this section, if the Secretary agrees that the system will not cost more nor take more time to establish or operate than a centralized system. In addition, employers shall be given 1 location to which income withholding is sent. **(b) Required procedures** The State disbursement unit shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures— (1) for receipt of payments from parents, employers, and other States, and for disbursements to custodial parents and other obligees, the State agency, and the agencies of other States; (2) for accurate identification of payments; (3) to ensure prompt disbursement of the custodial parent’s share of any payment; and (4) to furnish to any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent, except that in cases described in subsection (a)(1)(B), the State disbursement unit shall not be required to convert and maintain in automated form records of payments kept pursuant to [section 666(a)(8)(B)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section666/a/8/B/iii&num=0&edition=prelim) before the effective date of this section. **(c) Timing of disbursements** (1) **In general** — Except as provided in paragraph (2), the State disbursement unit shall distribute all amounts payable under [section 657(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section657/a&num=0&edition=prelim) within 2 business days after receipt from the employer or other source of periodic income, if sufficient information identifying the payee is provided. The date of collection for amounts collected and distributed under this part is the date of receipt by the State disbursement unit, except that if current support is withheld by an employer in the month when due and is received by the State disbursement unit in a month other than the month when due, the date of withholding may be deemed to be the date of collection. (2) **Permissive retention of arrearages** — The State disbursement unit may delay the distribution of collections toward arrearages until the resolution of any timely appeal with respect to such arrearages. **(d) “Business day” defined** As used in this section, the term “business day” means a day on which State offices are open for regular business.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 654a — Automated data processing

**(a) In general** In order for a State to meet the requirements of this section, the State agency administering the State program under this part shall have in operation a single statewide automated data processing and information retrieval system which has the capability to perform the tasks specified in this section with the frequency and in the manner required by or under this part. **(b) Program management** The automated system required by this section shall perform such functions as the Secretary may specify relating to management of the State program under this part, including— (1) controlling and accounting for use of Federal, State, and local funds in carrying out the program; and (2) maintaining the data necessary to meet Federal reporting requirements under this part on a timely basis. **(c) Calculation of performance indicators** In order to enable the Secretary to determine the incentive payments and penalty adjustments required by sections 652(g) and 658a of this title, the State agency shall— (1) use the automated system— (A) to maintain the requisite data on State performance with respect to paternity establishment and child support enforcement in the State; and (B) to calculate the paternity establishment percentage for the State for each fiscal year; and (2) have in place systems controls to ensure the completeness and reliability of, and ready access to, the data described in paragraph (1)(A), and the accuracy of the calculations described in paragraph (1)(B). **(d) Information integrity and security** The State agency shall have in effect safeguards on the integrity, accuracy, and completeness of, access to, and use of data in the automated system required by this section, which shall include the following (in addition to such other saf

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 654a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 654 — State plan for child and spousal support

A State plan for child and spousal support must— (1) provide that it shall be in effect in all political subdivisions of the State; (2) provide for financial participation by the State; (3) provide for the establishment or designation of a single and separate organizational unit, which meets such staffing and organizational requirements as the Secretary may by regulation prescribe, within the State to administer the plan; (4) provide that the State will— (A) provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to— (i) each child for whom (I) assistance is provided under the State program funded under part A of this subchapter, (II) benefits or services for foster care maintenance are provided under the State program funded under part E of this subchapter, (III) medical assistance is provided under the State plan approved under subchapter XIX, or (IV) cooperation is required pursuant to section 2015(l)(1) of title 7, unless, in accordance with paragraph (29), good cause or other exceptions exist; (ii) any other child, if an individual applies for such services with respect to the child (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application); and (B) enforce any support obligation established

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 654

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 608 — Prohibitions; requirements

**(a) In general** (1) **No assistance for families without a minor child** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance to a family, unless the family includes a minor child who resides with the family (consistent with paragraph (10)) or a pregnant individual. (2) **Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support** — If the agency responsible for administering the State plan approved under part D determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to [section 654(29) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/29&num=0&edition=prelim), then the State— (A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and (B) may deny the family any assistance under the State program. (3) **No assistance for families not assigning certain support rights to the State** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall require, as a condition of paying assistance to a family under the State program funded under this part, that a member of the fa

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 608

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1408 — Payment of retired or retainer pay in compliance with court orders

**(a) Definitions.—** In this section: (1) The term “court” means— (A) any court of competent jurisdiction of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (B) any court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim)) having competent jurisdiction; (C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country; and (D) any administrative or judicial tribunal of a State competent to enter orders for support or maintenance (including a State agency administering a program under a State plan approved under part D of title IV of the Social Security Act), and, for purposes of this subparagraph, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (2) The term “court order” means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued decree), or a support order, as defined in section 453(p) of the Social Security Act ([42 U.S.C. 653(p)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653/p&num=0&edition=prelim)), which— (A) is issued in accor

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1408

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 666 — Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 654b — Collection and disbursement of support

Page 2310 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 654b 106–113, div. B, § 1000(a)(4) [title VIII, § 805(a)(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A–285; Pub. L. 113–183, title III, § 306(a), Sept. 29, 2014, 128 Stat. 1949.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- secs. (d)(4) and (f), is classified generally to Title 26, In- ternal Revenue Code. AMENDMENTS 2014—Subsec. (g)(1). Pub. L. 113–183, § 306(a)(1), struck out ‘‘, to the maximum extent feasible,’’ after ‘‘this section’’ in introductory provisions. Subsec. (g)(1)(A)(iii). Pub. L. 113–183, § 306(a)(2), added cl. (iii). 1999—Subsec. (f)(5). Pub. L. 106–113 added par. (5). 1997—Subsec. (e)(4)(D). Pub. L. 105–34 substituted ‘‘the birth date and, beginning not later than October 1, 1999, the social security number, of any child’’ for ‘‘the birth date of any child’’. 1996—Subsecs. (e), (f). Pub. L. 104–193, § 311, added sub- secs. (e) and (f). Subsec. (g). Pub. L. 104–193, § 312(c), added subsec. (g). Subsec. (h). Pub. L. 104–193, § 325(b), added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–183, title III, § 306(b), Sept. 29, 2014, 128 Stat. 1949, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2015.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–34 effective Oct. 1, 1998, see section 1090(a)(4) of Pub. L. 105–34, set out as a note under section 653 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 312(c) of Pub. L. 104–193 effec- tive Oct. 1, 1998, with limited exception for States which, as of Aug. 22, 1996, were processing the receipt of child support payments through local courts, see sec

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