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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 7. SOCIAL SECURITY |
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SubChapter IV. GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES |
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Part D. Child Support and Establishment of Paternity |
§ 657. Distribution of collected support
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(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 654(34) of this title, 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 608(a)(3) of this title; (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 608(a)(3) of this title.
(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 608(a)(3) of this title.
(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 654(6)(B)(ii) of this title.
(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 654(33) of this title, the State shall distribute the amount collected pursuant to the terms of the agreement.
(6) 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.
(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 afterAugust 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 assignments (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).
(c) Definitions As used in subsection (a) of this section: (1) Assistance The term “assistance from the State” means— (A) assistance under the State program funded under part A of this subchapter or under the State plan approved under part A of this subchapter (as in effect on the day before August 22, 1996 ); and(B) foster care maintenance payments under the State plan approved under part E of this subchapter. (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 distributed.
(3) Federal medical assistance percentage The term “Federal medical assistance percentage” means— (A) 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa; or (B) the Federal medical assistance percentage (as defined in section 1396d(b) of this title, as such section was in effect on September 30, 1995 ) in the case of any other State.(4) State share The term “State share” means 100 percent minus the Federal share.
(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.
(d) 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 602(a)(28) of this title, as in effect and applied on the day before
August 22, 1996 .(e) Amounts collected for child for whom foster care maintenance payments are made 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 of this subchapter— (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 of this subchapter) 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).
Amendments
2006—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.
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.”
Subsec. (a)(6). Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6).
Subsec. (a)(7). Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6).
Pub. L. 109–171, § 7301(b)(1)(B)(i), added par. (7).
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
Subsec. (c)(5). Pub. L. 109–171, § 7301(b)(2), added par. (5).
1999—Subsec. (a). Pub. L. 106–169, § 301(c)(1), substituted “subsections (d) and (e)” for “subsections (e) and (f)” in introductory provisions.
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
Subsec. (a)(5)(C). Pub. L. 106–169, § 401(k), substituted “Opportunity Reconciliation Act” for “Opportunity Act”.
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
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
“(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).”
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
Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to
Subsec. (e). Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
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.”
Subsec. (f). Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e).
1997—Subsec. (a). Pub. L. 105–33, § 5547(1), substituted “subsections (e) and (f)” for “subsection (e)” in introductory provisions.
Subsec. (a)(1). Pub. L. 105–33, § 5532(c), inserted concluding provisions.
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”.
Subsec. (a)(2)(B)(ii)(II). Pub. L. 105–33, § 5532(f)(2), substituted “paragraph (5)” for “paragraph (4)”.
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.”
Subsec. (a)(5). Pub. L. 105–33, § 5532(e), substituted “1999” for “1998” in introductory provisions.
Subsec. (a)(6). Pub. L. 105–33, § 5532(b)(1), added par. (6).
Subsec. (b). Pub. L. 105–33, § 5532(a), substituted “assigned” for “which were assigned” and “and in effect on
Subsec. (c)(2). Pub. L. 105–33, § 5532(h)(1), substituted “is distributed” for “is collected”.
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)”.
Subsec. (c)(3)(B). Pub. L. 105–33, § 5532(h)(2), substituted “as such section was in effect on
Subsec. (f). Pub. L. 105–33, § 5547(2), added subsec. (f).
1996—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
1988—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”.
1987—Subsec. (c). Pub. L. 100–203 amended subsec. (c) generally, revising and restating as single unnumbered subsection provisions of former pars. (1) and (2).
1986—Subsec. (b)(3). Pub. L. 99–514, § 1899(a), inserted “or administrative” after “court”.
Subsec. (c). Pub. L. 99–514, § 1883(b)(6), substituted “subsection (b)(4)(A) and (B)” for “subsection (b)(3)(A) and (B)”.
1984—Subsec. (b). Pub. L. 98–378, § 11(a)(2), inserted “(subject to subsection (d) of this section)” after “shall” in provisions preceding par. (1).
Subsec. (b)(1). Pub. L. 98–369, § 2640(b)(1), added par. (1). Former par. (1) redesignated (2).
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).
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).
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)”.
Subsec. (c). Pub. L. 98–378, § 7(a)(1), substituted “shall” for “may” in provisions preceding par. (1).
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,”.
Subsec. (d). Pub. L. 98–378, § 11(a)(1), added subsec. (d).
1981—Subsec. (b). Pub. L. 97–35, § 2332(e)(1), substituted in provision preceding par. (1) “as support” for “as child support”.
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”.
1977—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.
Effective Date Of Amendment
Amendment by section 7301(b)(1)(A), (2), (c) of Pub. L. 109–171 effective
Pub. L. 109–171, title VII, § 7301(b)(1)(B)(ii),
Pub. L. 109–171, title VII, § 7301(b)(1)(B)(iii),
Amendment by section 7310(b) of Pub. L. 109–171 effective
Pub. L. 106–169, title III, § 301(b),
Pub. L. 106–169, title III, § 301(c),
Amendment by section 401(j), (k) of Pub. L. 106–169 effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 401(q) of Pub. L. 106–169, set out as a note under section 602 of this title.
Amendment by Pub. L. 105–33 effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out as a note under section 608 of this title.
Pub. L. 104–193, title III, § 302(c),
For provisions relating to effective date of title III of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title.
Pub. L. 100–485, title I, § 102(c),
Amendment by section 1883(b)(6) of Pub. L. 99–514 effective
Pub. L. 99–514, title XVIII, § 1899(b),
Pub. L. 98–378, § 7(b),
Amendment by section 11(a) of Pub. L. 98–378 effective
Pub. L. 98–369, div. B, title VI, § 2646,
Amendment by Pub. L. 97–35 effective