Sec. 106. Improved collection and distribution of child support

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 457 of the Social Security Act ( 42 U.S.C. 657 ) is amended— by striking subsection

(a)and inserting the following: Subject to subsection (c), the entire amount collected on behalf of any family as support by a State pursuant to a plan approved under this part shall be paid by the State to the family. ; and by striking subsections

(c)through

(e)and inserting the following: 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 shall be paid to the public agency responsible for supervising the placement of the child, which 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 use. . Section 471(a)(17) of the Social Security Act ( 42 U.S.C. 671(a)(17) ) is amended— by inserting and consistent with the child's case plan after where appropriate ; and by striking secure an assignment to the State of any rights to support and inserting establish paternity and establish, modify, and enforce child support obligations . Section 454 of the Social Security Act (42 U.S.C. 654), as amended by section 105(a)(1) of this Act, is amended by inserting after paragraph

(35)the following: provide that a State shall pay all collected child support to the payee, except as provided in section 457(c). . Section 454B(c) of the Social Security Act (42 U.S.C. 654b(c)) is amended by adding at the end the following new paragraph: The State disbursement unit shall pay all collected child support to the payee, except as otherwise provided in section 457. . Section 409(a)(7)(B)(i)(I)(aa) of such Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by striking 457(a)(1)(B) and inserting 457(a) . Section 454(5) of such Act ( 42 U.S.C. 654(5) ) is amended by striking

(A)in any case and all that follows through

(B). Section 466(a)(3)(B) of such Act ( 42 U.S.C. 666(a)(3)(B) ) is amended— by striking shall be distributed in accordance with section 457 in the case of overdue support assigned to a State pursuant to section 408(a)(3) or 471(a)(17), or, in any other case, ; and by inserting or to the public agency responsible for supervising the placement of the child, which may use the payments in the manner the public agency determines will serve the best interest of the child before the semicolon. Effective on the date of enactment of this Act, subsections

(a)and

(b)of section 7301 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 141) are repealed and parts A and D of title IV of the Social Security Act shall be applied as if the amendments made by such subsections had not been enacted. Section 408(a)(3) of the Social Security Act ( 42 U.S.C. 608(a)(3) ) is amended— in the paragraph heading, by striking and inserting No assistance for families not ; Prohibition on conditioning assistance for families on by inserting not after shall ; by inserting or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) after this part ; and by striking , not exceeding the total amount of assistance so paid to the family, . Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as amended by section 103(b)(2) of this Act, is amended by adding at the end the following new paragraph: A State to which a grant is made under section 403 shall disregard at least the same percentage of amounts collected as support on behalf of a family as the percentage of earned income that the State disregards, in determining the amount or type of assistance provided to the family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . Effective on the date of enactment of this Act, section 7309 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 147) is repealed and part D of title IV of the Social Security Act shall be applied as if the amendment made by subsection

(a)of that section had not been enacted. Effective on the date of enactment of this Act, section 7310 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 147) is repealed and part D of title IV of the Social Security Act shall be applied as if the amendments made by that section had not been enacted. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph

(19)the following: Procedures which require that, in determining or modifying the amount of, or terms and conditions of, any support obligation of a noncustodial parent, the State— shall not consider any period of incarceration of such parent as a period of voluntary unemployment that disqualifies the parent from obtaining a modification of the support obligation consistent with the parent's ability to pay child support; and subject to subparagraph

(B)in the case of an incarcerated parent, may— temporarily suspend any support obligation on the parent and the enforcement of any support obligation of the parent existing prior to the period of incarceration; and temporarily prohibit the accrual of any interest on any support obligation of the parent existing prior to the period of incarceration during any such period. Such procedures shall require the State to provide a custodial parent with— notice of any suspension of review, adjustment, or enforcement of a support obligation and of any prohibition on interest accrual on such obligation that is imposed in accordance with subparagraph (A)(ii); and an opportunity to request that the suspension or prohibition be terminated or modified on the basis that the noncustodial parent has sufficient income or resources to continue payment of the support obligation during the noncustodial parent's period of incarceration. . Section 466(a)(10) of the Social Security Act ( 42 U.S.C. 666(a)(10) ) is amended by adding at the end the following: Procedures which require the State to review, and if appropriate, reduce the balance of arrearages permanently assigned to the State under part A or E of this title, or under title XIX, pursuant to standards and procedures established by the State, in cases where the obligor lacks sufficient ability to pay the arrears, adjustment will promote timely payment of current support, or barriers, such as incarceration, may have limited the ability of the obligor to timely seek a modification of the order, and it is in the best interests of the child to make such reduction. Nothing in the preceding sentence shall be construed as affecting arrearages that have not been permanently assigned to the State under any such part or title. . Not later than October 1, 2014, the Secretary of Health and Human Services shall study and submit a report to Congress regarding the following: The effect of age eligibility restrictions for the earned income tax credit established under section 32 of the Internal Revenue Code of 1986 for individuals without qualifying children on— the ability of young parents to pay child support; compliance with child support orders; and the relationship between young noncustodial parents and their children. The impact of State earned income tax credit programs, especially such programs with targeted benefits for noncustodial parents, on— the ability of noncustodial parents to pay child support; compliance with child support orders; and the relationship between noncustodial parents and their children. The challenges faced by legal immigrants and individuals for whom English is not their primary language in fulfilling child support and other noncustodial parenting obligations. Except as otherwise provided in this section, the amendments made by this section shall take effect on October 1, 2013, and shall apply to payments under parts A and D of title IV of the Social Security Act for calendar quarters beginning on or after that date, and without regard to whether regulations to implement the amendments are promulgated by such date. Notwithstanding paragraph (1), a State may elect to have the amendments made by the preceding provisions of this section apply to the State and to amounts collected by the State (and to payments under parts A and D of title IV of such Act), on and after such date as the State may select that is not later than September 30, 2013.

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