§ 657. Distribution of collected support

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Social Services Amendments of 1974

   Pub. L. 93–647 § 101(a) · 88 Stat. 2337

   Enacted · 42 U.S.C. § 657

   Aug. 14, 1935, ch. 531, title IV, § 457, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2356

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 457, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2356

   Enacted provision · exact public law section
   (a) Title IV of the Social Security Act is amended by adding after part C the following new part: “Part D— Child Support and Establishment of Paternity “Sec. 451. “appropriation For the purpose of enforcing the support obligations owed 42 USC 651. by absent parents to their children, locating absent parents, establishing paternity, and obtaining child support, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part. “Sec. 452. “duties of the secretary (a) The Secretary shall establish, within the Department 42 USC 652. of Health, Education, and Welfare a separate organizational unit, under the direction of a designee of the Secretary, who shall report directly to the Secretary and who shall— “(1) establish such standards for State programs for locating absent parents, establishing paternity, and obtaining child support as he determines to be necessary to assure that such programs will be effective; “(2) establish minimum organizational and staffing requirements for State units engaged in carrying out such programs under plans approved under this part; “(3) review and approve State plans for such programs; “(4) evaluate the implementation of State programs established pursuant to such plan, conduct such audits of State programs established under the plan approved under this part as may be necessary to assure their conformity with the requirements of this Annual audit. part, and, not less often than annually, conduct a complete audit of the programs established under such plan in each State and determine for the purposes of the penalty provision of section 403(h) whether the actual operation of such programs in each State conforms to the requirements of this part; “(5) assist States in establishing adequate reporting procedures and maintain records of the operations of programs established pursuant to this part in each State; “(6) maintain records of all amounts collected and disbursed under programs established pursuant to the provisions of this part and of the costs incurred in collecting such amounts; Technical assistance.“(7) provide technical assistance to the States to help them establish effective systems for collecting child support and establishing paternity; “(8) receive applications from States for permission to utilize the courts of the United States to enforce court orders for support against absent parents and, upon a finding that (A) another State has not undertaken to enforce the court order of the originating State against the absent parent within a reasonable time, and (B) that utilization of the Federal courts is the only reasonable method of enforcing such order, approve such applications; “(9) operate the Parent Locator Service established by section Post, p. 2353. 453; and Report to Congress.“(10) not later than June 30 of each year beginning after December 31, 1975, submit to the Congress a report on all activities undertaken pursuant to the provisions of this part. “(b) The Secretary shall, upon the request of any State having in effect a State plan approved under this part, certify the amount of any child support obligation assigned to such State to the Secretary of the Treasury for collection pursuant to the provisions of section 6305 of the Post, p. 2358. Internal Revenue Code of 1954. No amount may be certified for collection under this subsection except the amount of the delinquency under a court order for support and upon a showing by the State that such State has made diligent and reasonable efforts to collect such amounts utilizing its own collection mechanisms, and upon an agreement that the State will reimburse the United States for any costs involved in making the collection. The Secretary after consultation with the Secretary of the Treasury may, by regulation, establish criteria for accepting amounts for collection and for making certification under this subsection including imposing such limitations on the frequency of making such certifications under this subsection. Revolving fund.Establishment.“(c) (1) There is hereby established in the Treasury a revolving fund which shall lie available to the Secretary without fiscal year limitation, to enable him to pay to the States for distribution in accordance Post, p. 2356. with the provisions of section 457 such amounts as may be collected and paid (subject to paragraph (2)) into such fund under section 6305 of 26 USC 6305. the Internal Revenue Code of 1954. “(2) There is hereby appropriated to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts equal to the amounts collected under section 6305 of the Internal Revenue Code of 1954, reduced by the amounts credited or refunded as overpayments of the amounts so collected. The amounts appropriated by the preceding section shall be transferred at least quarterly from the general fund of the Treasury to the fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. “Sec. 453. “parent locator service (a) The Secretary shall establish and conduct a Parent Establishment. 42 USC 653. Locator Service, under the direction of the designee of the Secretary referred to in section 452(a). which shall be used to obtain and transmit to any authorized person (as defined in subsection (c)) information as to the whereabouts of any absent parent when such information is to be used to locate such parent for the purpose of enforcing support obligations against such parent. “(b) Upon request, filed in accordance with subsection (d) of any authorized person (as defined in subsection (c)) for the most recent address and place of employment of any absent parent, the Secretary shall, notwithstanding any other provision of law, provide through the Parent Locator Service such information to such person, if such information— “(1) is contained in any files or records maintained by the Secretary or by the Department of Health, Education, and Welfare; or “(2) is not contained in such files or records, but can be obtained by the Secretary, under the authority conferred by subsection (e), from any other department, agency, or instrumentality, or the United States or of any State. No information shall be disclosed to any person if the disclosure of Information disclosure, prohibited. such information would contravene the national policy or security interests of the United States or the confidentiality of census data. The Secretary shall give priority to requests made by any authorized person described in subsection (c) (1). “(c) As used in subsection (a), the term ‘authorized person’ means— “Authorized person.” “(1) any agent or attorney of any State having in effect a plan approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child support (including, when authorized under the State plan, any official of a political subdivision); “(2) the court which has authority to issue an order against an absent parent for the support and maintenance of a child, or any agent of such court; and “(3) the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving aid under part A of this title) (as determined by regulations prescribed by the Secretary) without regard to the existence of a court order against an absent parent who has a duty to support and maintain any such child. “(d) A request for information under this section shall be filed in such manner and form as the Secretary shall by regulation prescribe and shall be accompanied or supported by such documents as the Secretary may determine to lie necessary. “(e) (1) Whenever the Secretary receives a request submitted under subsection (b) which he is reasonably satisfied meets the criteria established by subsections (a), (b). and (c), he shall promptly undertake to provide the information requested from the files and records maintained by any of the departments, agencies, or instrumentalities of the United States or of any State. “(2) Notwithstanding any other provision of law, whenever the individual who is the head of any department, agency, or instrumentality of the United States receives a request from the Secretary for information authorized to be provided by the Secretary under this section, such individual shall promptly cause a search to be made of the files and records maintained by such department agency, or instrumentality with a view to determining whether the information requested is contained in any such files or records. If such search discloses the information requested, such individual shall immediately transmit such information to the Secretary, except that if any information is obtained the disclosure of which would contravene national policy or security interests of the United States or the confidentiality of census data, such information shall not be transmitted and such individual shall immediately notify the Secretary-. If such search fails to disclose the information requested, such individual shall immediately so notify the Secretary. The costs incurred by any such department, agency, or instrumentality of the United States or of any State in providing such information to the Secretary shall be reimbursed by him. Whenever such services are furnished to an Fees. individual specified in subsection (c) (3), a fee shall be charged such individual. The fee so charged shall be used to reimburse the Secretary or his delegate for the expense of providing such services. “(f) The Secretary, in carrying out his duties and functions under this section, shall enter into arrangements with State agencies administering State plans approved under this part for such State agencies to accept from resident parents, legal guardians, or agents of a child described in subsection (c)(3) and, after determining that the absent parent cannot be located through the procedures under the control of such State agencies, to transmit to the Secretary requests for information with regard to the whereabouts of absent parents and otherwise to cooperate with the Secretary in carrying out the purposes of this section. “Sec. 454. “state plan for child support A State plan for child 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 such State will undertake— “(A) in the case of a child born out of wedlock with Post, p. 2359. respect to whom an assignment under section 402(a) (26) of this title is effective, to establish the paternity of such child, and “(B) in the case of any child with respect to whom such assignment is effective, to secure support for such child from his parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other States, except that when such arrangements and other means have proven ineffective, the State may utilize the Federal courts to obtain or enforce court orders for support; “(5) provide that, in any case in which child support payments are collected for a child with respect to whom an assignment under section 402(a) (26) is effective, such payments shall be Post, p. 2356. made to the State for distribution pursuant to section 457 and shall not be paid directly to the family except that this paragraph shall not apply to such payments (except as provided in section 457(c)) for any month in which the amount collected is sufficient to make such family ineligible for assistance under the State plan approved under part A; “(6) provide that (A) the child support collection or paternity determination services established under the plan shall be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State, (B) an Application fee. application fee for furnishing such services may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary, and (C) any costs in excess of the fee so imposed may be collected from such individual by deducting such costs from the amount of any recovery made; “(7) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the agency administering the plan, including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the agency administering the plan; “(8) provide that the agency administering the plan will establish a service to locate absent parents utilizing— “(A) all sources of information and available records, and “(B) the Parent Locator Service in the Department of Health, Education, and Welfare; “(9) provide that the State will, in accordance with standards prescribed by the Secretary, cooperate with any other State— “(A) in establishing paternity, if necessary, “(B) in locating an absent parent residing in the State (whether or not permanently) against whom any action is being taken under a program established under a plan approved under this part in another State, “(C) in securing compliance by an absent parent residing in such State (whether or not permanently) with an order issued by a court of competent jurisdiction against such parent for the support and maintenance of a child or children of such parent with respect to whom aid is being provided under the plan of such other State, and “(D) in carrying out other functions required under a plan approved under this part; “(10) provide that the State will maintain a full record of collections and disbursements made under the plan and have an adequate reporting system; “(11) provide that amounts collected as child support shall be distributed as provided in section 457; Post, p. 2356. “(12) provide that any payment required to be made under section 456 or 457 to a family snail be made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children; and “(13) provide that the State will comply with such other requirements and standards as the Secretary determines to be necessary to the establishment of an effective program for locating absent parents, establishing paternity, obtaining support orders, and collecting support payments. “Sec. 455. “payments to states From the sums appropriated therefor, the Secretary shall 42 USC 655. pay to each State for each quarter, beginning with the quarter commencing July 1, 1975, an amount equal to 75 percent of the total amounts expended by such State during such quarter for the operation of the plan approved under section 454 except that no amount shall be Ante, p. 2354. paid to any State on account of furnishing collection services (other Ante, p. 2354. than parent locator services) to individuals under section 454(6) during any period beginning after June 30, 1976. “Sec. 456. “support obligations (a) The support rights assigned to the State under section 402(a) (26) shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes. “(1) The amount of such obligation shall be— “(A) the amount specified in a court order which covers the assigned support rights, or “(B) if there is no court order, an amount determined by the State in accordance with a formula approved by the Secretary, and “(2) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation under paragraphs (1) (A) and (B). “(b) A debt which is a child support obligation assigned to a State under section 402(a) (26) is not released by a discharge in bankruptcy 11 USC 1 note. under the Bankruptcy Act. “Sec. 457. “distribution of proceeds (a) The amounts collected as child support by a State pursuant to a plan approved under this part during the 15 months Beginning July 1, 1975, shall be distributed as follows: “(1) 40 per centum of the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without any decrease in the amount paid as assistance to such family during such month; “(2) such amounts as are collected periodically which are in excess of any amount paid to the family under paragraph (1) which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); “(3) such amounts as are in excess of amounts retained by the State under paragraph (2) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and “(4) such amounts as are in excess of amounts required to be distributed under paragraphs (1), (2), and (3) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. “(b) The amounts collected as child support by a State pursuant to a plan approved under this part during any fiscal year beginning after September 30, 1976, shall be distributed as follows: “(1) such amounts as are collected periodically which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); “(2) such amounts as are in excess of amounts retained by the State under paragraph (1) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and “(3) such amounts as are in excess of amounts required to be distributed under paragraphs (1) and (2) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the, extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. “(c) Whenever a family for whom child support payments have been collected and distributed under the plan ceases to receive assistance under part A of this title, the State may— “(1) continue to collect such support payments from the absent parent for a period of not to exceed three months from the month following the month in which such family ceased to receive assistance under part A of this title, and pay all amounts so collected to the family; and “(2) at the end of such three-month period, if the State is authorized to do so by the individual on whose behalf the collection will be made, continue to collect such support payments from the absent parent and pay the, net amount of any amount so collected to the family after deducting any costs incurred in making the collection from the amount of any recovery made. “Sec. 458. “incentive payment to localities (a) When a political subdivision of a State makes, for the 42 USC 658. State of which it is a political subdivision, or one State makes, for another State, the enforcement and collection of the support rights assigned under section 402(a)(26) (either within or outside of such Post, p. 2359. State), there shall be paid to such political subdivision or such other- State from amounts which would otherwise represent the Federal share of assistance to the family of the absent parent— “(1) an amount equal to 25 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for 12 months; and “(2) an amount equal to 10 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for any month after the first twelve months for which such collections are made. “(b) Where more than one jurisdiction is involved in such enforcement or collection, the amount of the incentive payment determined under paragraphs (1) and (2) of subsection (a) shall be allocated among the jurisdictions in a manner to be prescribed by the Secretary. “Sec. 459. “consent by the united states to garnishment and similar proceedings for enforcement of child support and a lemony obligations Notwithstanding any other provision of law, effective 42 USC 659. January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States (including any agency or instrumentality thereof and any wholly owned Federal corporation) to any individual, including members of the armed services, shall be subject, in like manner and to the same extent as if the United States were a private person, to legal process brought for the enforcement, against such individual of his legal obligations to provide child support or make alimony payments. “Sec. 460. “civil actions to enforce child support obligations The district courts of the United States shall have jurisdiction, without regard to any amount in controversy, to hear and determine any civil action certified by the Secretary of Health, Education, and Ante, p. 2351. Welfare under section 452(a) (8) of this Act. A civil action under this section may be brought in any judicial district in which the claim arose, the plaintiff resides, or the defendant resides.”

2. 1977

   Pub. L. 95–171 § 11(a) · 91 Stat. 1353

   1. Substituted · 42 U.S.C. § 657(c)

      Pub. L. 95–171, § 11(a)–(c), in par. (1), substituted “amounts of child support payments which represent monthly support payments” for “such support payments”

   2. Inserted · 42 U.S.C. § 657(c)

      Pub. L. 95–171, § 11(a)–(c), in par. (1), inserted “, which represent monthly support payments,” after “amounts so collected”; in par. (2)

   3. Inserted · 42 U.S.C. § 657(c)

      Pub. L. 95–171, § 11(a)–(c), in par. (1), inserted “, which represents monthly support payments,” after “amount so collected”; changed to a comma the period at end of par. (2);

   4. Inserted · 42 U.S.C. § 657(c)

      Pub. L. 95–171, § 11(a)–(c), in par. (1), inserted provision for distribution of child support proceeds

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–171, § 11(a)–(c), in par. (1), substituted “amounts of child support payments which represent monthly support payments” for “such support payments” and inserted “, which represent monthly support payments,” after “amounts so collected”; in par. (2), substituted “amounts of child support payments which represent monthly support payments” for “such support payments” and inserted “, which represents monthly support payments,” after “amount so collected”; changed to a comma the period at end of par. (2); and inserted provision for distribution of child support proceeds.

   Enacted provision · exact public law section
   (a) in paragraph (1)— (1) by striking out “such support payments” and inserting in lieu thereof “amounts of child support payments which represent monthly support payments”, and (2) by inserting “, which represent monthly support payments,” immediately after “amounts so collected”, and

3. 1981

   Pub. L. 97–35 § 2332(e)(1) · 95 Stat. 357

   Substituted · 42 U.S.C. § 657(b)

   Pub. L. 97–35, § 2332(e)(1), substituted in provision preceding par. (1) “as support” for “as child support”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–35, § 2332(e)(1), substituted in provision preceding par. (1) “as support” for “as child support”.

   Enacted provision · exact public law section
   (1) by striking out “child” in the portion of subsection (b) that precedes paragraph (1); and

4. 1981

   Pub. L. 97–35 § 2332(e)(2) · 95 Stat. 357

   1. Substituted · 42 U.S.C. § 657(c)

      Pub. L. 97–35, § 2332(e)(2), substituted in provision preceding par. (1) “whom support payments” for “whom child support payments”

   2. Substituted · 42 U.S.C. § 657(c)

      Pub. L. 97–35, § 2332(e)(2), substituted in provision preceding par. (1) “amounts of support payments” for “amounts of child support payments”

   3. Substituted · 42 U.S.C. § 657(c)

      Pub. L. 97–35, § 2332(e)(2), substituted in provision preceding par. (1) “amounts of support so” for “amounts of child support so”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–35, § 2332(e)(2), substituted in provision preceding par. (1) “whom support payments” for “whom child support payments” and in pars. (1) and (2) “amounts of support payments” for “amounts of child support payments” in two places and “amounts of support so” for “amounts of child support so”.

   Enacted provision · exact public law section
   (2) by striking out “child” each place it appears in subsection (c).

5. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2640(b)(1) · 98 Stat. 494

   Redesignated · 42 U.S.C. § 657(b)(1)

   Pub. L. 98–369, § 2640(b)(1), added par. (1). Former par. (1) redesignated (2)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–369, § 2640(b)(1), added par. (1). Former par. (1) redesignated (2).

   Enacted provision · exact public law section
   (1) Section 457(b) of such Act is amended by redesignating 42 USC 657. paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting immediately before the paragraph redesignated as paragraph (2) the following new paragraph: “(1) the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;”.

6. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2640(b)(1) · 98 Stat. 494

   1. Redesignated · 42 U.S.C. § 657(b)(2)

      Pub. L. 98–369, § 2640(b)(1), (2)(A), redesignated former par. (1) as (2)

   2. Redesignated · 42 U.S.C. § 657(b)(2)

      Pub. L. 98–369, § 2640(b)(1), (2)(A), inserted “which are in excess of any amount paid to the family under paragraph (1) and”. Former par. (2) redesignated (3)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–369, § 2640(b)(1), (2)(A), redesignated former par. (1) as (2), and inserted “which are in excess of any amount paid to the family under paragraph (1) and”. Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   (1) Section 457(b) of such Act is amended by redesignating 42 USC 657. paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting immediately before the paragraph redesignated as paragraph (2) the following new paragraph: “(1) the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;”.

7. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2640(b)(1) · 98 Stat. 494

   1. Redesignated · 42 U.S.C. § 657(b)(3)

      Pub. L. 98–369, § 2640(b)(1), (2)(B), redesignated former par. (2) as (3)

   2. Redesignated · 42 U.S.C. § 657(b)(3)

      Pub. L. 98–369, § 2640(b)(1), (2)(B), substituted “paragraph (2)” for “paragraph (1)”. Former par. (3) redesignated (4)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–369, § 2640(b)(1), (2)(B), redesignated former par. (2) as (3), and substituted “paragraph (2)” for “paragraph (1)”. Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (1) Section 457(b) of such Act is amended by redesignating 42 USC 657. paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting immediately before the paragraph redesignated as paragraph (2) the following new paragraph: “(1) the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;”.

8. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2640(b)(1) · 98 Stat. 494

   1. Redesignated · 42 U.S.C. § 657(b)(4)

      Pub. L. 98–369, § 2640(b)(1), (2)(C), redesignated former par. (3) as (4)

   2. Substituted · 42 U.S.C. § 657(b)(4)

      Pub. L. 98–369, § 2640(b)(1), (2)(C), substituted “paragraphs (1), (2), and (3)” for “paragraphs (1) and (2)”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 98–369, § 2640(b)(1), (2)(C), redesignated former par. (3) as (4), and substituted “paragraphs (1), (2), and (3)” for “paragraphs (1) and (2)”.

   Enacted provision · exact public law section
   (1) Section 457(b) of such Act is amended by redesignating 42 USC 657. paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting immediately before the paragraph redesignated as paragraph (2) the following new paragraph: “(1) the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;”.

9. 1984

   Child Support Enforcement Amendments of 1984

   Pub. L. 98–378 § 11(a)(2) · 98 Stat. 1305

   Inserted · 42 U.S.C. § 657(b)

   Pub. L. 98–378, § 11(a)(2), inserted “(subject to subsection (d) of this section)” after “shall” in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–378, § 11(a)(2), inserted “(subject to subsection (d) of this section)” after “shall” in provisions preceding par. (1).

   Enacted provision · exact public law section
   (2) Section 457(b) of such Act is amended by inserting “(subject to subsection (d))” after “shall” in the matter preceding paragraph (1).

10. 1984

    Child Support Enforcement Amendments of 1984

    Pub. L. 98–378 § 7(a)(1) · 98 Stat. 1305

    Substituted · 42 U.S.C. § 657(c)

    Pub. L. 98–378, § 7(a)(1), substituted “shall” for “may” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–378, § 7(a)(1), substituted “shall” for “may” in provisions preceding par. (1).

    Enacted provision · exact public law section
    (1) by striking out “may” in the matter preceding paragraph (1) and inserting in lieu thereof “shall”; and

11. 1984

    Child Support Enforcement Amendments of 1984

    Pub. L. 98–378 § 7(a)(2) · 98 Stat. 1305

    Substituted · 42 U.S.C. § 657(c)(2)

    Pub. L. 98–378, § 7(a)(2), substituted “any amount so collected, which represents monthly support payments, to the family (without requiring any formal reapplication and without the imposition of any application fee) on the same basis as in the case of other individuals who are not receiving assistance under part A of this subchapter,” for “the net amount of any amount so collected, which represents monthly support payments, to the family after deducting any costs incurred in making the collection from the amount of any recovery made,”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 98–378, § 7(a)(2), substituted “any amount so collected, which represents monthly support payments, to the family (without requiring any formal reapplication and without the imposition of any application fee) on the same basis as in the case of other individuals who are not receiving assistance under part A of this subchapter,” for “the net amount of any amount so collected, which represents monthly support payments, to the family after deducting any costs incurred in making the collection from the amount of any recovery made,”.

    Enacted provision · exact public law section
    (2) by striking out “the net amount of’ in paragraph (2), and by striking out “to the family” and all that follows in such paragraph and inserting in lieu thereof “to the family (without requiring any formal reapplication and without the imposition of any application fee) on the same basis as in the case of other individuals who are not receiving assistance under part A of 42 USC 601. this title,”.

12. 1984

    Child Support Enforcement Amendments of 1984

    Pub. L. 98–378 § 11(a)(1) · 98 Stat. 1305

    Added · 42 U.S.C. § 657(d)

    Pub. L. 98–378, § 11(a)(1), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–378, § 11(a)(1), added subsec. (d).

    Enacted provision · exact public law section
    (a) (1) Section 457 of the Social Security Act is amended by 42 USC 657. adding at the end thereof the following new subsection: “(d) Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child for whom a public agency is making foster care maintenance payments under part E— 42 USC 670. “(1) shall be retained by the State to the extent necessary to reimburse it for the foster care maintenance payments made with respect to the child during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); “(2) shall be paid to the public agency responsible for supervising the placement of the child to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such period but not the amounts required by a court or administrative order to be paid as support on behalf of the child during such period; and the responsible agency may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child’s future needs or making ail or a part thereof available to the person responsible for meeting the child’s day-to-day needs; and • “(3) shall be retained by the State, if any portion of the amounts collected remains after making the payments required under paragraphs (1) and (2), to the extent that such portion is necessary to reimburse the State (with appropriate reimbursement to the Federal Government to the extent of its participation in the financing) for any past foster care maintenance payments (or payments of aid to families with dependent children) which were made with respect to the child (and with respect to which past collections have not previously been retained); and any balance shall be paid to the State agency responsible for supervising the placement of the child, for use by such agency in accordance with paragraph (2).”. (2) Section 457(b) of such Act is amended by inserting “(subject to subsection (d))” after “shall” in the matter preceding paragraph (1).

13. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1899(a) · 100 Stat. 2085

    Inserted · 42 U.S.C. § 657(b)(3)

    Pub. L. 99–514, § 1899(a), inserted “or administrative” after “court”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 99–514, § 1899(a), inserted “or administrative” after “court”.

    Enacted provision · exact public law section
    (a) In General.— Section 457(b)(3) of the Social Security Act is amended by inserting “or administrative” after “court”.

14. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1883(b)(6) · 100 Stat. 2085

    Substituted · 42 U.S.C. § 657(c)

    Pub. L. 99–514, § 1883(b)(6), substituted “subsection (b)(4)(A) and (B)” for “subsection (b)(3)(A) and (B)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–514, § 1883(b)(6), substituted “subsection (b)(4)(A) and (B)” for “subsection (b)(3)(A) and (B)”.

    Enacted provision · exact public law section
    (6) Section 457(c) of such Act is amended by striking out “subsection (b)(3) (A) and (B)” in the matter following paragraph (2) and inserting in lieu thereof “subsection (b)(4) (A) and (B)”.

15. 1987

    Pub. L. 100–203 title IX § 9141(a)(1) · 101 Stat. 1330

    Amended · 42 U.S.C. § 657(c)

    Pub. L. 100–203 amended subsec. (c) generally, revising and restating as single unnumbered subsection provisions of former pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–203 amended subsec. (c) generally, revising and restating as single unnumbered subsection provisions of former pars. (1) and (2).

    Enacted provision · exact public law section
    (1) Section 457(c) of the Social Security Act is 42 USC 657. amended to read as follows: “(c) Whenever a family with respect to which child support enforcement services have been provided pursuant to section 454(4) ceases to receive assistance under part A of this title, the State shall provide appropriate notice to the family and continue to provide such services, and pay any amount of support collected, subject to the same conditions and on the same basis as in the case of the individuals to whom services are furnished pursuant to section 454(6), except that no application or other request to continue services shall be required of a family to which this subsection applies, and the provisions of section 454(6)(B) may not be applied.”.

16. 1988

    Family Support Act of 1988

    Pub. L. 100–485 title I § 102(b) · 102 Stat. 2343

    Substituted · 42 U.S.C. § 657(b)(1)

    Pub. L. 100–485 substituted “of such amounts as are collected periodically which represent monthly support payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that month which were made by the absent parent in the month when due,” for “the first $50 of such amounts as are collected periodically which represent monthly support payments”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–485 substituted “of such amounts as are collected periodically which represent monthly support payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that month which were made by the absent parent in the month when due,” for “the first $50 of such amounts as are collected periodically which represent monthly support payments”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 457(b)(1) of such Act is amended by striking “the first $50 of such amounts as are collected periodically which represent monthly support payments” and inserting in lieu thereof “of such amounts as are collected periodically which represent monthly support payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that month which were made by the absent parent in the month when due,”.

17. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title III § 302(a) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 657

       Pub. L. 104–193 substituted “collected support” for “proceeds” in section catchline

    2. Amended · 42 U.S.C. § 657

       Pub. L. 104–193 amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to distribution of amounts collected by States as child support during 15 months beginning July 1, 1975, and during any fiscal year beginning after Sept. 30, 1976, distribution of support collected for families whose assistance under part A of this subchapter has terminated, and distribution of support collected on behalf of children for whom foster care maintenance payments were being made

    Source evidence

    Code amendment note
    Pub. L. 104–193 substituted “collected support” for “proceeds” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to distribution of amounts collected by States as child support during 15 months beginning July 1, 1975, and during any fiscal year beginning after Sept. 30, 1976, distribution of support collected for families whose assistance under part A of this subchapter has terminated, and distribution of support collected on behalf of children for whom foster care maintenance payments were being made.

    Enacted provision · exact public law section
    (a) In General.— Section 457 (42 U.S.C. 657) is amended to read as follows: “SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT. “(a) In General.— Subject to subsection (e), an amount collected on behalf of a family as support by a State pursuant to a plan approved under this part shall he distributed as follows: “(1) Families receiving assistance.— In the case of a family receiving assistance from the State, the State shall— “(A) pay to the Federal Government the Federal share of the amount so collected; and “(B) retain, or distribute to the family, the State share of the amount so collected. “(2) Families that formerly received assistance.— In the case of a family that formerly received assistance from the State: “(A) Current support payments.— To the extent that the amount so collected does not exceed the amount required to be paid to the family for the month in which collected, the State shall distribute the amount so collected to the family. “(B) Payments of arrearages.— To the extent that the amount so collected exceeds the amount required to be paid to the family for the month in which collected, the State shall distribute the amount so collected as follows: “(i) Distribution of arrearages that accrued after the family ceased to receive assistance.— “(I) Pre-october 1997.— Except as provided in subclause (II), the provisions of this section (other than subsection (b)(1)) as in effect and applied on the day before the date of the enactment of section 302 of the Personal Responsibility and Work Opportunity Act Reconciliation of 1996 shall apply with respect to the distribution of support arrearages that— “(aa) accrued after the family ceased to receive assistance, and “(bb) are collected before October 1, 1997. “(II) Post-september 1997.— With respect to the amount so collected on or after October 1, 1997 (or before such date, at the option of the State)— “(aa) In general.— The State shall first distribute the amount so collected (other than any amount described in clause (iv)) to the family to the extent necessary to satisfy any support arrearages with respect to the family that accrued after the family ceased to receive assistance from the State. “(bb) Reimbursement of governments for assistance provided to the family.— After the application of division (aa) and clause (ii)(II)(aa) with respect to the amount so collected, the State shall retain the State share of the amount so collected, and pay to the Federal Government the Federal share (as defined in subsection (c)(2)) of the amount so collected, but only to the extent necessary to reimburse amounts paid to the family as assistance by the State. “(cc) Distribution of the remainder to the family.— To the extent that neither division (aa) nor division (bb) applies to the amount so collected, the State shall distribute the amount to the family. “(ii) Distribution of arrearages that accrued before the family received assistance.— “(I) Pre-october 2000.— Except as provided in subclause (II), the provisions of this section (other than subsection (b)(1)) as in effect and applied on the day before the date of the enactment of section 302 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall apply with respect to the distribution of support arrearages that— “(aa) accrued before the family received assistance, and “(bb) are collected before October 1, 2000. “(II) Post-september 2000.— Unless, based on the report required by paragraph (4), the Congress determines otherwise, with respect to the amount so collected on or after October 1, 2000 (or before such date, at the option of the State)— “(aa) In general.— The State shall first distribute the amount so collected (other than any amount described in clause (iv)) to the family to the extent necessary to satisfy any support arrearages with respect to the family that accrued before the family received assistance from the State. “(bb) Reimbursement of governments for assistance provided to the family.— After the application of clause (i)(II)(aa) and division (aa) with respect to the amount so collected, the State shall retain the State share of the amount so collected, and pay to the Federal Government the Federal share (as defined in subsection (c)(2)) of the amount so collected, but only to the extent necessary to reimburse amounts paid to the family as assistance by the State. “(cc) Distribution of the remainder to the family.— To the extent that neither division (aa) nor division (bb) applies to the amount so collected, the State shall distribute the amount to the family. “(iii) Distribution of arrearages that accrued while the family received assistance.— In the case of a family described in this subparagraph, the provisions of paragraph (1) shall apply with respect to the distribution of support arrearages that accrued while the family received assistance. “(iv) Amounts collected pursuant to section 464.— Notwithstanding any other provision of this section, any amount of support collected pursuant to section 464 shall be retained by the State to the extent past-due support has been assigned to the State as a condition of receiving assistance from the State, up to the amount necessary to reimburse the State for amounts paid to the family as assistance by the State. The State shall pay to the Federal Government the Federal share of the amounts so retained. To the extent the amount collected pursuant to section 464 exceeds the amount so retained, the State shall distribute the excess to the family. “(v) Ordering rules for distributions.— For purposes of this subparagraph, unless an earlier effective date is required by this section, effective October 1, 2000, the State shall treat any support arrearages collected, except for amounts collected pursuant to section 464, as accruing in the following order: “(I) To the period after the family ceased to receive assistance. “(II) To the period before the family received assistance. “(III) To the period while the family was receiving assistance. “(3) Families that never received assistance.— In the case of any other family, the State shall distribute the amount so collected to the family. “(4) Families under certain agreements.— In the case of a family receiving assistance from an Indian tribe, distribute the amount so collected pursuant to an agreement entered into pursuant to a State plan under section 454(33). “(5) Study and report.— Not later than October 1, 1998, the Secretary shall report to the Congress the Secretary’s findings with respect to— “(A) whether the distribution of post-assistance arrearages to families has been effective in moving people off of welfare and keeping them off of welfare; “(B) whether early implementation of a pre-assistance arrearage program by some States has been effective in moving people off of welfare and keeping them off of welfare; “(C) what the overall impact has been of the amendments made by the Personal Responsibility and Work Opportunity Act of 1996 with respect to child support enforcement in moving people off of welfare and keeping them off of welfare; and “(D) based on the information and data the Secretary has obtained, what changes, if any, should be made in the policies related to the distribution of child support arrearages. “(b) Continuation of Assignments.— Any rights to support obligations, which were assigned to a State as a condition of receiving assistance from the State under part A and which were in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Act of 1996, shall remain assigned after such date. “(c) Definitions.— As used in subsection (a): “(1) Assistance.— The term ‘assistance from the State’ means— “(A) assistance under the State program funded under part A or under the State plan approved under part A of this title (as in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Act of 1996); and “(B) foster care maintenance payments under the State plan approved under part E of this title. “(2) Federal share.— The term ‘Federal share’ means that portion of the amount collected resulting from the application of the Federal medical assistance percentage in effect for the fiscal year in which the amount is collected. “(3) Federal medical assistance percentage.— The term ‘Federal medical assistance percentage’ means— “(A) the Federal medical assistance percentage (as defined in section 1118), in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa; or “(B) the Federal medical assistance percentage (as defined in section 1905(b), as in effect on September 30, 1996) in the case of any other State. “(4) State share.— The term ‘State share’ means 100 percent minus the Federal share. “(d) Hold Harmless Provision.— If the amounts collected which could be retained by the State in the fiscal year (to the extent necessary to reimburse the State for amounts paid to families as assistance by the State) are less than the State share of the amounts collected in fiscal year 1995 (determined in accordance with section 457 as in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Act of 1996), the State share for the fiscal year shall be an amount equal to the State share in fiscal year 1995. “(e) Gap Payments Not Subject to Distribution Under This Section.— At State option, this section shall not apply to any amount collected on behalf of a family as support by the State (and paid to the family in addition to the amount of assistance otherwise payable to the family) pursuant to a plan approved under this part if such amount would have been paid to the family by the State under section 402(a)(28), as in effect and applied on the day before the date of the enactment of section 302 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. For purposes of subsection (d), the State share of such amount paid to the family shall be considered amounts which could be retained by the State if such payments were reported by the State as part of the State share of amounts collected in fiscal year 1995.”.

18. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5547(1) · 111 Stat. 251

    Substituted · 42 U.S.C. § 657(a)

    Pub. L. 105–33, § 5547(1), substituted “subsections (e) and (f)” for “subsection (e)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–33, § 5547(1), substituted “subsections (e) and (f)” for “subsection (e)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), in the matter preceding paragraph (1), by striking “subsection (e)” and inserting “subsections (e) and (f)”; and

19. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(c) · 111 Stat. 251

    Inserted · 42 U.S.C. § 657(a)(1)

    Pub. L. 105–33, § 5532(c), inserted concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–33, § 5532(c), inserted concluding provisions.

20. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(f)(1) · 111 Stat. 251

    Struck and inserted · 42 U.S.C. § 657(a)(2)(B)(i)(I); 42 U.S.C. § 657(a)(2)(B)(ii)(I)

    Pub. L. 105–33, § 5532(f)(1), in introductory provisions, struck out “(other than subsection (b)(1))” after “provisions of this section” and inserted “(other than subsection (b)(1) (as so in effect))” after “1996”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i)(I), (ii)(I). Pub. L. 105–33, § 5532(f)(1), in introductory provisions, struck out “(other than subsection (b)(1))” after “provisions of this section” and inserted “(other than subsection (b)(1) (as so in effect))” after “1996”.

21. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(f)(2) · 111 Stat. 251

    Substituted · 42 U.S.C. § 657(a)(2)(B)(ii)(II)

    Pub. L. 105–33, § 5532(f)(2), substituted “paragraph (5)” for “paragraph (4)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(ii)(II). Pub. L. 105–33, § 5532(f)(2), substituted “paragraph (5)” for “paragraph (4)”.

22. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(d) · 111 Stat. 251

    Amended · 42 U.S.C. § 657(a)(4)

    Pub. L. 105–33, § 5532(d), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “In the case of a family receiving assistance from an Indian tribe, distribute the amount so collected pursuant to an agreement entered into pursuant to a State plan under section 654(33) of this title.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 105–33, § 5532(d), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “In the case of a family receiving assistance from an Indian tribe, distribute the amount so collected pursuant to an agreement entered into pursuant to a State plan under section 654(33) of this title.”

23. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(e) · 111 Stat. 251

    Substituted · 42 U.S.C. § 657(a)(5)

    Pub. L. 105–33, § 5532(e), substituted “1999” for “1998” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 105–33, § 5532(e), substituted “1999” for “1998” in introductory provisions.

24. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(b)(1) · 111 Stat. 251

    Added · 42 U.S.C. § 657(a)(6)

    Pub. L. 105–33, § 5532(b)(1), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 105–33, § 5532(b)(1), added par. (6).

25. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(a) · 111 Stat. 251

    1. Substituted · 42 U.S.C. § 657(b)

       Pub. L. 105–33, § 5532(a), substituted “assigned” for “which were assigned”

    2. Substituted · 42 U.S.C. § 657(b)

       Pub. L. 105–33, § 5532(a), substituted “and in effect on September 30, 1997 (or such earlier date, on or after August 22, 1996, as the State may choose), shall remain assigned after such date.” for “and which were in effect on the day before August 22, 1996, shall remain assigned after August 22, 1996.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–33, § 5532(a), substituted “assigned” for “which were assigned” and “and in effect on September 30, 1997 (or such earlier date, on or after August 22, 1996, as the State may choose), shall remain assigned after such date.” for “and which were in effect on the day before August 22, 1996, shall remain assigned after August 22, 1996.”

26. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(h)(1) · 111 Stat. 251

    Substituted · 42 U.S.C. § 657(c)(2)

    Pub. L. 105–33, § 5532(h)(1), substituted “is distributed” for “is collected”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 105–33, § 5532(h)(1), substituted “is distributed” for “is collected”.

27. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(g) · 111 Stat. 251

    Substituted · 42 U.S.C. § 657(c)(3)(A)

    Pub. L. 105–33, § 5532(g), substituted “75 percent” for “the Federal medical assistance percentage (as defined in section 1318 of this title)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 105–33, § 5532(g), substituted “75 percent” for “the Federal medical assistance percentage (as defined in section 1318 of this title)”.

28. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5532(h)(2) · 111 Stat. 251

    Substituted · 42 U.S.C. § 657(c)(3)(B)

    Pub. L. 105–33, § 5532(h)(2), substituted “as such section was in effect on September 30, 1995” for “as in effect on September 30, 1996”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 105–33, § 5532(h)(2), substituted “as such section was in effect on September 30, 1995” for “as in effect on September 30, 1996”.

29. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5547(2) · 111 Stat. 251

    Added · 42 U.S.C. § 657(f)

    Pub. L. 105–33, § 5547(2), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–33, § 5547(2), added subsec. (f).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(f) Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child for whom a public agency is making foster care maintenance payments under part E— “(1) shall be retained by the State to the extent necessary to reimburse it for the foster care maintenance payments made with respect to the child during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); “(2) shall be paid to the public agency responsible for supervising the placement of the child to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such period but not the amounts required by a court or administrative order to be paid as support on behalf of the child during such period; and the responsible agency may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child’s future needs or making all or a part thereof available to the person responsible for meeting the child’s day-to-day needs; and “(3) shall be retained by the State, if any portion of the amounts collected remains after making the payments required under paragraphs (1) and (2), to the extent that such portion is necessary to reimburse the State (with appropriate reimbursement to the Federal Government to the extent of its participation in the financing) for any past foster care maintenance payments (or payments of assistance under the State program funded under part A) which were made with respect to the child (and with respect to which past collections have not previously been retained); and any balance shall be paid to the State agency responsible for supervising the placement of the child, for use by such agency in accordance with paragraph (2).”.

30. 1999

    Pub. L. 106–169 § 301(c)(1) · 113 Stat. 1822

    Substituted · 42 U.S.C. § 657(a)

    Pub. L. 106–169, § 301(c)(1), substituted “subsections (d) and (e)” for “subsections (e) and (f)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–169, § 301(c)(1), substituted “subsections (d) and (e)” for “subsections (e) and (f)” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “subsections (e) and (f)” and inserting “subsections (d) and (e)”,

31. 1999

    Pub. L. 106–169 § 401(j) · 113 Stat. 1822

    Changed · 42 U.S.C. § 657(a)(2)(B)(i)(I)

    Pub. L. 106–169, § 401(j), made technical amendment to reference in original act which appears in text as reference to August 22, 1996

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i)(I). Pub. L. 106–169, § 401(j), made technical amendment to reference in original act which appears in text as reference to August 22, 1996.

    Enacted provision · exact public law section
    (j) Section 457(a)(2)(B)(i)(1) of the Social Security Act (42 U.S.C. 657(a)(2)(B)(i)(I)) is amended by striking “Act Reconciliation” and inserting “Reconciliation Act”.

32. 1999

    Pub. L. 106–169 § 401(k) · 113 Stat. 1822

    Substituted · 42 U.S.C. § 657(a)(5)(C)

    Pub. L. 106–169, § 401(k), substituted “Opportunity Reconciliation Act” for “Opportunity Act”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(C). Pub. L. 106–169, § 401(k), substituted “Opportunity Reconciliation Act” for “Opportunity Act”.

    Enacted provision · exact public law section
    (k) Section 457 of the Social Security Act (42 U.S.C. 657) is amended by striking “Opportunity Act” each place it appears and inserting “Opportunity Reconciliation Act”.

33. 1999

    Pub. L. 106–169 § 401(k) · 113 Stat. 1822

    Changed · 42 U.S.C. § 657(a)(6); 42 U.S.C. § 657(c)(1)(A)

    Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to August 22, 1996

    Source evidence

    Code amendment note
    Subsecs. (a)(6), (c)(1)(A). Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to August 22, 1996.

    Enacted provision · exact public law section
    (k) Section 457 of the Social Security Act (42 U.S.C. 657) is amended by striking “Opportunity Act” each place it appears and inserting “Opportunity Reconciliation Act”.

34. 1999

    Pub. L. 106–169 § 301(c)(2) · 113 Stat. 1822

    1. Redesignated · 42 U.S.C. § 657(d)

       Pub. L. 106–169, § 301(c)(2), (4), redesignated subsec. (e) as (d)

    2. Struck · 42 U.S.C. § 657(d)

       Pub. L. 106–169, § 301(c)(2), (4), struck out heading and text of former subsec. (d). Text read as follows: “If—

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–169, § 301(c)(2), (4), redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: “If—

    “(1) the State share of amounts collected in the fiscal year which could be retained to reimburse the State for amounts paid to families as assistance by the State is less than the State share of such amounts collected in fiscal year 1995 (determined in accordance with this section as in effect on August 21, 1996); and “(2)(A) the State has distributed to families that include an adult receiving assistance under the program under part A of this subchapter at least 80 percent of the current support payments collected during the preceding fiscal year on behalf of such families, and the amounts distributed were disregarded in determining the amount or type of assistance provided under the program under part A of this subchapter; or “(B) the State has distributed to families that formerly received assistance under the program under part A of this subchapter the State share of the amounts collected pursuant to section 664 of this title that could have been retained as reimbursement for assistance paid to such families, then the State share otherwise determined for the fiscal year shall be increased by an amount equal to one-half of the amount (if any) by which the State share for fiscal year 1995 exceeds the State share for the fiscal year (determined without regard to this subsection).”

    Enacted provision · exact public law section
    (2) by striking subsection (d);

35. 1999

    Pub. L. 106–169 § 301(a) · 113 Stat. 1822

    Amended · 42 U.S.C. § 657(d)

    Pub. L. 106–169, § 301(a), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “If the amounts collected which could be retained by the State in the fiscal year (to the extent necessary to reimburse the State for amounts paid to families as assistance by the State) are less than the State share of the amounts collected in fiscal year 1995 (determined in accordance with this section as in effect on the day before August 22, 1996), the State share for the fiscal year shall be an amount equal to the State share in fiscal year 1995.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–169, § 301(a), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “If the amounts collected which could be retained by the State in the fiscal year (to the extent necessary to reimburse the State for amounts paid to families as assistance by the State) are less than the State share of the amounts collected in fiscal year 1995 (determined in accordance with this section as in effect on the day before August 22, 1996), the State share for the fiscal year shall be an amount equal to the State share in fiscal year 1995.”

    Enacted provision · exact public law section
    (a) In General.— Section 457(d) of the Social Security Act (42 U.S.C. 657(d)) is amended to read as follows: “(d) Hold-Harmless Provision.— If— “(1) the State share of amounts collected in the fiscal year which could be retained to reimburse the State for amounts paid to families as assistance by the State is less than the State share of such amounts collected in fiscal year 1995 (determined in accordance with section 457 as in effect on August 21, 1996); and “(2) (A) the State has distributed to families that include an adult receiving assistance under the program under part A at least 80 percent of the current support payments collected during the preceding fiscal year on behalf of such families, and the amounts distributed were disregarded in determining the amount or type of assistance provided under the program under part A; or “(B) the State has distributed to families that formerly received assistance under the program under part A the State share of the amounts collected pursuant to section 464 that could have been retained as reimbursement for assistance paid to such families, then the State share otherwise determined for the fiscal year shall be increased by an amount equal to one-half of the amount (if any) by which the State share for fiscal year 1995 exceeds the State share for the fiscal year (determined without regard to this subsection).”.

36. 1999

    Pub. L. 106–169 § 401(k) · 113 Stat. 1822

    Changed · 42 U.S.C. § 657(d)

    Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to August 22, 1996

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to August 22, 1996.

    Enacted provision · exact public law section
    (k) Section 457 of the Social Security Act (42 U.S.C. 657) is amended by striking “Opportunity Act” each place it appears and inserting “Opportunity Reconciliation Act”.

37. 1999

    Pub. L. 106–169 § 301(c)(4) · 113 Stat. 1822

    Redesignated · 42 U.S.C. § 657(e)

    Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

    Enacted provision · exact public law section
    (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

38. 1999

    Pub. L. 106–169 § 301(c)(3) · 113 Stat. 1822

    Struck · 42 U.S.C. § 657(e)

    Pub. L. 106–169, § 301(c)(3), struck out at end “For purposes of subsection (d) of this section, the State share of such amount paid to the family shall be considered amounts which could be retained by the State if such payments were reported by the State as part of the State share of amounts collected in fiscal year 1995.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–169, § 301(c)(3), struck out at end “For purposes of subsection (d) of this section, the State share of such amount paid to the family shall be considered amounts which could be retained by the State if such payments were reported by the State as part of the State share of amounts collected in fiscal year 1995.”

    Enacted provision · exact public law section
    (3) in subsection (e), by striking the second sentence; and

39. 1999

    Pub. L. 106–169 § 301(c)(4) · 113 Stat. 1822

    Redesignated · 42 U.S.C. § 657(f)

    Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e).

    Enacted provision · exact public law section
    (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

40. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7301(b)(1)(A) · 120 Stat. 4

    1. Added · 42 U.S.C. § 657(a)

       Pub. L. 109–171, § 7301(b)(1)(A), which directed general amendment of subsec. (a), was executed by adding pars. (1) to (5)

    2. Struck · 42 U.S.C. § 657(a)

       Pub. L. 109–171, § 7301(b)(1)(A), which directed general amendment of subsec. (a), was executed by striking out former pars. (1) to (6), to reflect the probable intent of Congress and the amendment by Pub. L. 109–171, § 7301(b)(1)(B)(iii). See below. Prior to amendment, pars. (1) to (6) related to families receiving assistance, families that formerly received assistance, families that never received assistance, families under certain agreements, the Secretary’s report to Congress, and a State option for applicability, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–171, § 7301(b)(1)(A), which directed general amendment of subsec. (a), was executed by adding pars. (1) to (5) and striking out former pars. (1) to (6), to reflect the probable intent of Congress and the amendment by Pub. L. 109–171, § 7301(b)(1)(B)(iii). See below. Prior to amendment, pars. (1) to (6) related to families receiving assistance, families that formerly received assistance, families that never received assistance, families under certain agreements, the Secretary’s report to Congress, and a State option for applicability, respectively.

    Enacted provision · exact public law section
    (A) In general.— Section 457(a) (42 U.S.C. 657(a)) is amended to read as follows: “(a) In General.— Subject to subsections (d) and (e), the amounts collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows: “(1) Families receiving assistance.— In the case of a family receiving assistance from the State, the State shall— “(A) pay to the Federal Government the Federal share of the amount collected, subject to paragraph (3)(A); “(B) retain, or pay to the family, the State share of the amount collected, subject to paragraph (3)(B); and “(C) pay to the family any remaining amount. “(2) Families that formerly received assistance.— In the case of a family that formerly received assistance from the State: “(A) Current support.— To the extent that the amount collected does not exceed the current support amount, the State shall pay the amount to the family. “(B) Arrearages.— Except as otherwise provided in an election made under section 454(34), to the extent that the amount collected exceeds the current support amount, the State— “(i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to section 408(a)(3); “(ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall— “(I) pay to the Federal Government the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and “(II) retain, or pay to the family, the State share of the excess amount described in this clause, subject to paragraph (3)(B); and “(iii) shall pay to the family any remaining amount. “(3) Limitations.— “(A) Federal reimbursements.— The total of the amounts paid by the State to the Federal Government under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the Federal share of the amount assigned with respect to the family pursuant to section 408(a)(3). “(B) State reimbursements.— The total of the amounts retained by the State under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the State share of the amount assigned with respect to the family pursuant to section 408(a)(3). “(4) Families that never received assistance.— In the case of any other family, the State shall distribute to the family the portion of the amount so collected that remains after withholding any fee pursuant to section 454(6)(B)(ii). “(5) Families under certain agreements.— Notwithstanding paragraphs (1) through (3), in the case of an amount collected for a family in accordance with a cooperative agreement under section 454(33), the State shall distribute the amount collected pursuant to the terms of the agreement.” .

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

41. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7310(b) · 120 Stat. 4

    Amended · 42 U.S.C. § 657(a)(3)

    Pub. L. 109–171, § 7310(b), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In the case of any other family, the State shall distribute the amount so collected to the family.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–171, § 7310(b), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In the case of any other family, the State shall distribute the amount so collected to the family.”

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Section 457(a)(3) (42 U.S.C. 657(a)(3)) is amended to read as follows: “(3) Families that never received assistance.— In the case of any other family, the State shall distribute to the family the portion of the amount so collected that remains after withholding any fee pursuant to section 454(6)(B)(ii).” .

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

42. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7301(b)(1)(B)(iii) · 120 Stat. 4

    Redesignated · 42 U.S.C. § 657(a)(6)

    Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6).

    Enacted provision · exact public law section
    (iii) Redesignation.— Effective October 1, 2009, paragraph (7) of section 457(a) of the Social Security Act (as added by clause (i)) is redesignated as paragraph (6).

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

43. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7301(b)(1)(B)(iii) · 120 Stat. 4

    Redesignated · 42 U.S.C. § 657(a)(7)

    Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6).

    Enacted provision · exact public law section
    (iii) Redesignation.— Effective October 1, 2009, paragraph (7) of section 457(a) of the Social Security Act (as added by clause (i)) is redesignated as paragraph (6).

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

44. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7301(b)(1)(B)(i) · 120 Stat. 4

    Added · 42 U.S.C. § 657(a)(7)

    Pub. L. 109–171, § 7301(b)(1)(B)(i), added par. (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–171, § 7301(b)(1)(B)(i), added par. (7).

    Enacted provision · exact public law section
    (i) In general.— Section 457(a) (42 U.S.C. 657(a)) is amended by adding at the end the following: “(7) State option to pass through additional support with federal financial participation.— “(A) Families that formerly received assistance.— Notwithstanding paragraph (2), a State shall not be required to pay to the Federal Government the Federal share of an amount collected on behalf of a family that formerly received assistance from the State to the extent that the State pays the amount to the family. “(B) Families that currently receive assistance.— “(i) In general.— Notwithstanding paragraph (1), in the case of a family that receives assistance from the State, a State shall not be required to pay to the Federal Government the Federal share of the excepted portion (as defined in clause (ii)) of any amount collected on behalf of such family during a month to the extent that— “(I) the State pays the excepted portion to the family; and “(II) the excepted portion is disregarded in determining the amount and type of assistance provided to the family under such program. “(ii) Excepted portion defined.— For purposes of this subparagraph, the term “excepted portion” means that portion of the amount collected on behalf of a family during a month that does not exceed $100 per month, or in the case of a family that includes 2 or more children, that does not exceed an amount established by the State that is not more than $200 per month.” .

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

45. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7301(c) · 120 Stat. 4

    Amended · 42 U.S.C. § 657(b)

    Pub. L. 109–171, § 7301(c), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Any rights to support obligations, assigned to a State as a condition of receiving assistance from the State under part A of this subchapter and in effect on September 30, 1997 (or such earlier date, on or after August 22, 1996, as the State may choose), shall remain assigned after such date.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–171, § 7301(c), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Any rights to support obligations, assigned to a State as a condition of receiving assistance from the State under part A of this subchapter and in effect on September 30, 1997 (or such earlier date, on or after August 22, 1996, as the State may choose), shall remain assigned after such date.”

    Enacted provision · exact public law section
    (c) State Option To Discontinue Older Support Assignments.— Section 457(b) (42 U.S.C. 657(b)) is amended to read as follows: “(b) Continuation of Assignments.— “(1) State option to discontinue pre-1997 support assignments.— “(A) In general.— Any rights to support obligations assigned to a State as a condition of receiving assistance from the State under part A and in effect on September 30, 1997 (or such earlier date on or after August 22, 1996, as the State may choose), may remain assigned after such date. “(B) Distribution of amounts after assignment discontinuation.— If a State chooses to discontinue the assignment of a support obligation described in subparagraph (A), the State may treat amounts collected pursuant to the assignment as if the amounts had never been assigned and may distribute the amounts to the family in accordance with subsection (a)(4). “(2) State option to discontinue post-1997 assign- ments.— “(A) In general.— Any rights to support obligations accruing before the date on which a family first receives assistance under part A that are assigned to a State under that part and in effect before the implementation date of this section may remain assigned after such date. “(B) Distribution of amounts after assignment discontinuation.— If a State chooses to discontinue the assignment of a support obligation described in subparagraph (A), the State may treat amounts collected pursuant to the assignment as if the amounts had never been assigned and may distribute the amounts to the family in accordance with subsection (a)(4).” .

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

46. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7301(b)(2) · 120 Stat. 4

    Added · 42 U.S.C. § 657(c)(5)

    Pub. L. 109–171, § 7301(b)(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 109–171, § 7301(b)(2), added par. (5).

    Enacted provision · exact public law section
    (2) Current support amount defined.— Section 457(c) (42 U.S.C. 657(c)) is amended by adding at the end the following: “(5) Current support amount.— The term ‘current support amount’ means, with respect to amounts collected as support on behalf of a family, the amount designated as the monthly support obligation of the noncustodial parent in the order requiring the support or calculated by the State based on the order.” .

    Effective date note
    Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective Oct. 1, 2009, and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title. Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii), Feb. 8, 2006, 120 Stat. 143, provided that: “The amendment made by clause (i) [amending this section] shall take effect on October 1, 2008.” Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii), Feb. 8, 2006, 120 Stat. 143, provided that the amendment made by section 7301(b)(1)(B)(iii) is effective Oct. 1, 2009. Amendment by section 7310(b) of Pub. L. 109–171 effective Oct. 1, 2006, see section 7310(c) of Pub. L. 109–171, set out as a note under section 654 of this title.

47 of 58 references resolved to an enrolled provision · 11 partial