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42 U.S.C. § 667State guidelines for child support awards

submitted 91 years ago by Pub. L. 98-378 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 226 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each State must create and regularly review child-support guidelines as a condition of having its State plan approved. The guidelines must be available to decision-makers and create a rebuttable presumption about the proper award amount.

(a) The State must establish guidelines for child-support award amounts as a condition of approval of its State plan under this part. The State may establish them by statute, court action, or administrative action. It must review them at least once every 4 years to make sure applying them produces appropriate award amounts. (b)(1) The State must make the guidelines available to every judge and other official in the State who can decide child-support awards. (2) In any court or administrative proceeding about a child-support award, the amount produced by applying the guidelines is presumed to be the correct amount. The presumption can be overcome if, under State standards, the decision-maker makes a written finding or a specific finding on the record that applying the guidelines would be unjust or inappropriate in that case. (c) The Secretary must give States technical help in establishing guidelines. Each State must give the Secretary copies of its guidelines.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment of guidelines; method

Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.

(b) Availability of guidelines; rebuttable presumption
(1)

The guidelines established pursuant to subsection (a) shall be made available to all judges and other officials who have the power to determine child support awards within such State.

(2)

There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.

(c) Technical assistance to States; State to furnish Secretary with copies

The Secretary shall furnish technical assistance to the States for establishing the guidelines, and each State shall furnish the Secretary with copies of its guidelines.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 467, as added Pub. L. 98–378, § 18(a), Aug. 16, 1984, 98 Stat. 1321; amended Pub. L. 100–485, title I, § 103(a), (b), Oct. 13, 1988, 102 Stat. 2346.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 98-378 · 98 Stat. 1321
  • 1988Amended · Pub. L. 100-485 · 102 Stat. 2346

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-378 on 1935-08-14.

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