Sec. 305. Improved collection and distribution of child support
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Section 457 of the Social Security Act ( 42 U.S.C. 657 ) is amended— by amending subsection
(a)to read as follows: Subject to subsections
(b)and (c), the entire amount of support collected by a State on behalf of any family receiving services pursuant to a plan approved under this part shall be paid to the family in accordance with this section. ; by amending subsection
(b)to read as follows: Any rights to support obligations that are assigned to a State under this part on behalf of a family receiving assistance and in effect before the implementation date of this section may remain assigned after such date and distributed under the provisions and limitations of the Deficit Reduction Act of 2005. A State may choose to discontinue any assignment of a support obligation described in paragraph
(1)and 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). ; by striking subsections
(c)and
(d)and redesignating subsection
(e)as subsection (c); and in subsection
(c)(as so redesignated), by striking paragraph
(1)and all that follows and inserting the following: shall be used to provide supplemental services that serve the best interests of such child in a manner that best meets the future needs and educational, health, and employment interests of the child, or be deposited in— an account of the type described in section 1631(a)(2)(F) of this Act; an ABLE account established under section 529A of the Internal Revenue Code of 1986; an individual development account established pursuant to Federal or State law; or any other account in which benefits for the child may be conserved in a manner that the State determines, consistent with this paragraph, is in the best interests of the child; and shall supplement and not supplant any other Federal funds or programs that may be available for the benefit of the child. . Section 471(a)(17) of such 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 such Act ( 42 U.S.C. 654 ), as amended by sections 301(a)(1), 303(b), and 304(c) of this Act, is further amended— in paragraph (36), by striking and at the end; in paragraph (37), by striking the period and inserting ; and ; and by inserting after paragraph
(37)the following: provide that a State shall pay all collected child support to the family in accordance with section 457. . Section 454(5) of such Act ( 42 U.S.C. 654(5) ) is amended by striking such payments and all that follows through support payments collected and inserting entered into prior to the effective date of section 204 of the . Julia Carson Responsible Fatherhood and Healthy Families Act of 2017 , the individual will be notified on a monthly basis of the amount of the support payments collected and retained by the State under section 457(a)(1)(B) (as in effect prior to the effective date of such section) 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(34) of such Act ( 42 U.S.C. 654(34) ) is amended by striking 457(a)(2)(B) each place it appears and inserting 457(b) . Section 456(a)(1) of such Act ( 42 U.S.C. 656(a)(1) ) is amended by inserting and shall be distributed in accordance with section 457 after local processes . 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 receiving foster care maintenance payments under section 472, which may use such payments in the manner the public agency determines will serve the best interest of the child, consistent with section 457(c) before the semicolon. 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 such Act ( 42 U.S.C. 608(a) ), as amended by section 101(a)(2) of this Act and subsection
(b)of this section, 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. Not later than October 1, 2018, 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, 2018, 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, 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 such parts), on and after such date as the State may select that is not later than September 30, 2018.
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U.S. Code
- Distribution of collected support§ 657
- State plan for foster care and adoption assistance§ 671
- State plan for child and spousal support§ 654
- Penalties§ 609
- Support obligation as obligation to State; amount; discharge in bankruptcy§ 656
- Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement§ 666
- Prohibitions; requirements§ 608
2 references not yet in our index
- Pub. L. 109-171
- 120 Stat. 147
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Sec. 305
Improved collection and distribution of child support
Pub. L.Pub. L. 109-171
Stat.120 Stat. 147
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