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42 U.S.C. § 654bCollection and disbursement of support payments

submitted 91 years ago by Pub. L. 104-193 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 574 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires a State disbursement unit to collect and distribute support payments in specified cases. It requires automated, accurate, prompt, and economical payment procedures.

(a) State disbursement unit. (1) The State agency must operate a “State disbursement unit” to collect and distribute support-order payments in (A) every case the State enforces under section 654(4) and (B) every case not enforced by the State when the order was first issued in the State on or after January 1, 1994, and the noncustodial parent’s income is subject to withholding under section 666(a)(8)(B). (2) The unit must be operated directly by the State agency, by two or more State agencies under a regional cooperative agreement, or, when appropriate, by a contractor directly responsible to the State agency. Except for paragraph (1)(B) cases, it must coordinate with the section 654a automated system. (3) It may link local units through an automated network if the Secretary agrees that the network will not cost more or take longer than a centralized system. Employers must have one location for sending withheld income. (b) Required procedures. To the maximum extent feasible, efficient, and economical, the unit must use automated procedures, electronic processes, and computer technology to collect and distribute support payments, including procedures (1) to receive payments from parents, employers, and other States and distribute them to custodial parents and other obligees, the State agency, and other States’ agencies; (2) to identify payments accurately; (3) to distribute the custodial parent’s share promptly; and (4) to give any parent, on request, timely information about the current status of support payments under an order requiring payments by or to that parent. For paragraph (1)(B) cases, it need not convert or maintain in automated form payment records kept under section 666(a)(8)(B)(iii) before this section took effect. (c) Timing. (1) Unless paragraph (2) applies, the unit must distribute amounts payable under section 657(a) within 2 business days after receiving them from an employer or other periodic-income source, if enough information identifies the payee. The collection date is the date the unit receives the money. If an employer withholds current support in the month due but the unit receives it later, the withholding date may be treated as the collection date. (2) The unit may delay distributing collections toward arrearages until a timely appeal about them is resolved. (d) “Business day” means a day when State offices are open for regular business.
the actual law source: uscode.house.gov ↗public domain
(a) State disbursement unit
(1) In general

In order for a State to meet the requirements of this section, the State agency must establish and operate a unit (which shall be known as the “State disbursement unit”) for the collection and disbursement of payments under support orders—

(A)

in all cases being enforced by the State pursuant to section 654(4) of this title; and

(B)

in all cases not being enforced by the State under this part in which the support order is initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding pursuant to section 666(a)(8)(B) of this title.

(2) Operation

The State disbursement unit shall be operated—

(A)

directly by the State agency (or 2 or more State agencies under a regional cooperative agreement), or (to the extent appropriate) by a contractor responsible directly to the State agency; and

(B)

except in cases described in paragraph (1)(B), in coordination with the automated system established by the State pursuant to section 654a of this title.

(3) Linking of local disbursement units

The State disbursement unit may be established by linking local disbursement units through an automated information network, subject to this section, if the Secretary agrees that the system will not cost more nor take more time to establish or operate than a centralized system. In addition, employers shall be given 1 location to which income withholding is sent.

(b) Required procedures

The State disbursement unit shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical, for the collection and disbursement of support payments, including procedures—

(1)

for receipt of payments from parents, employers, and other States, and for disbursements to custodial parents and other obligees, the State agency, and the agencies of other States;

(2)

for accurate identification of payments;

(3)

to ensure prompt disbursement of the custodial parent’s share of any payment; and

(4)

to furnish to any parent, upon request, timely information on the current status of support payments under an order requiring payments to be made by or to the parent, except that in cases described in subsection (a)(1)(B), the State disbursement unit shall not be required to convert and maintain in automated form records of payments kept pursuant to section 666(a)(8)(B)(iii) of this title before the effective date of this section.

(c) Timing of disbursements
(1) In general

Except as provided in paragraph (2), the State disbursement unit shall distribute all amounts payable under section 657(a) of this title within 2 business days after receipt from the employer or other source of periodic income, if sufficient information identifying the payee is provided. The date of collection for amounts collected and distributed under this part is the date of receipt by the State disbursement unit, except that if current support is withheld by an employer in the month when due and is received by the State disbursement unit in a month other than the month when due, the date of withholding may be deemed to be the date of collection.

(2) Permissive retention of arrearages

The State disbursement unit may delay the distribution of collections toward arrearages until the resolution of any timely appeal with respect to such arrearages.

(d) “Business day” defined

As used in this section, the term “business day” means a day on which State offices are open for regular business.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 454B, as added Pub. L. 104–193, title III, § 312(b), Aug. 22, 1996, 110 Stat. 2207; amended Pub. L. 105–33, title V, § 5549, Aug. 5, 1997, 111 Stat. 633.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 104-193 · 110 Stat. 2207
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 633

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-193 on 1935-08-14.

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