Sec. 314. AMENDMENTS CONCERNING INCOME WITHHOLDING
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## SEC. 314 AMENDMENTS CONCERNING INCOME WITHHOLDING ###
(a)Mandatory Income Withholding ####
(1)In general Section 466(a)(1) (42 U.S.C. 666(a)(1)) is amended to read as follows: > > #### “(1) > > > #####
(A)> > Procedures described in subsection
(b)for the withholding from income of amounts payable as support in cases subject to enforcement under the State plan. > > > ##### “(B) > > Procedures under which the income of a person with a support obligation imposed by a support order issued (or modified) in the State before October 1, 1996, if not otherwise subject to withholding under subsection (b), shall become subject to withholding as provided in subsection
(b)if arrearages occur, without the need for a judicial or administrative hearing.” > . ####
(2)Conforming amendments #####
(A)Section 466(b) (42 U.S.C. 666(b)) is amended in the matter preceding paragraph (1), by striking “subsection (a)(1)” and inserting “subsection (a)(1)(A)”. #####
(B)Section 466(b)(4) (42 U.S.C. 666(b)(4)) is amended to read as follows: > > #### “(4) > > > #####
(A)> > Such withholding must be carried out in full compliance with all procedural due process requirements of the State, and the State must send notice to each noncustodial parent to whom paragraph
(1)applies— > > > ###### “(i) > > that the withholding has commenced; and > > > ###### “(ii) > > of the procedures to follow if the noncustodial parent desires to contest such withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact. > > > ##### “(B) > > The notice under subparagraph
(A)of this paragraph shall include the information provided to the employer under paragraph (6)(A).” > . #####
(C)Section 466(b)(5) (42 U.S.C. 666(b)(5)) is amended by striking all that follows “administered by” and inserting “the State through the State disbursement unit established pursuant to section 454B, in accordance with the requirements of section 454B.”. #####
(D)Section 466(b)(6)(A) (42 U.S.C. 666(b)(6)(A)) is amended— ######
(i)in clause (i), by striking “ to the appropriate agency ” and all that follows and inserting ``to the State disbursement unit within 7 business days after the date the amount would (but for this subsection) have been paid or credited to the employee, for distribution in accordance with this part. The employer shall withhold funds as directed in the notice, except that when an employer receives an income withholding order issued by another State, the employer shall apply the income withholding law of the state of the obligor's principal place of employment in determining— > > ###### “(I) > > the employer's fee for processing an income withholding order; > > > ###### “(II) > > the maximum amount permitted to be withheld from the obligor's income; > > > ###### “(III) > > the time periods within which the employer must implement the income withholding order and forward the child support payment; > > > ###### “(IV) > > the priorities for withholding and allocating income withheld for multiple child support obligees; and > > > ###### “(V) > > any withholding terms or conditions not specified in the order. > > An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice.” > ; ######
(ii)in clause (ii), by inserting “be in a standard format prescribed by the Secretary, and” after “shall”; and ######
(iii)by adding at the end the following new clause: > > ###### “(iii) > > As used in this subparagraph, the term ‘**business day**’ means a day on which State offices are open for regular business.” > . #####
(E)Section 466(b)(6)(D) (42 U.S.C. 666(b)(6)(D)) is amended by striking “ any employer ” and all that follows and inserting ``any employer who— > > ###### “(i) > > discharges from employment, refuses to employ, or takes disciplinary action against any noncustodial parent subject to income withholding required by this subsection because of the existence of such withholding and the obligations or additional obligations which it imposes upon the employer; or > > > ###### “(ii) > > fails to withhold support from income or to pay such amounts to the State disbursement unit in accordance with this subsection.” > . #####
(F)Section 466(b) (42 U.S.C. 666(b)) is amended by adding at the end the following new paragraph: > > #### “(11) > > Procedures under which the agency administering the State plan approved under this part may execute a withholding order without advance notice to the obligor, including issuing the withholding order through electronic means.” > . ###
(b)Definition of Income ####
(1)In general Section 466(b)(8) (42 U.S.C. 666(b)(8)) is amended to read as follows: > > #### “(8) > > For purposes of subsection
(a)and this subsection, the term ‘**income**’ means any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, worker's compensation, disability, payments pursuant to a pension or retirement program, and interest.” > . ####
(2)Conforming amendments #####
(A)Subsections (a)(8)(A), (a)(8)(B)(i), (b)(3)(A), (b)(3)(B), (b)(6)(A)(i), and (b)(6)(C), and (b)(7) of section 466 (42 U.S.C. 666(a)(8)(A), (a)(8)(B)(i), (b)(3)(A), (b)(3)(B), (b)(6)(A)(i), and (b)(6)(C), and (b)(7)) are each amended by striking “wages” each place such term appears and inserting “income”. #####
(B)Section 466(b)(1) (42 U.S.C. 666(b)(1)) is amended by striking “wages (as defined by the State for purposes of this section)” and inserting “income”. ###
(c)Conforming Amendment Section 466(c) (42 U.S.C. 666(c)) is repealed.
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Sec. 314
AMENDMENTS CONCERNING INCOME WITHHOLDING
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