
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC666]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
          Part D--Child Support and Establishment of Paternity
 
Sec. 666. Requirement of statutorily prescribed procedures to 
        improve effectiveness of child support enforcement
        

(a) Types of procedures required

    In order to satisfy section 654(20)(A) of this title, each State 
must have in effect laws requiring the use of the following procedures, 
consistent with this section and with regulations of the Secretary, to 
increase the effectiveness of the program which the State administers 
under this part:
        (1)(A) Procedures described in subsection (b) of this section 
    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 January 1, 1994, if not otherwise subject to 
    withholding under subsection (b) of this section, shall become 
    subject to withholding as provided in subsection (b) of this section 
    if arrearages occur, without the need for a judicial or 
    administrative hearing.
        (2) Expedited administrative and judicial procedures (including 
    the procedures specified in subsection (c) of this section) for 
    establishing paternity and for establishing, modifying, and 
    enforcing support obligations. The Secretary may waive the 
    provisions of this paragraph with respect to one or more political 
    subdivisions within the State on the basis of the effectiveness and 
    timeliness of support order issuance and enforcement or paternity 
    establishment within the political subdivision (in accordance with 
    the general rule for exemptions under subsection (d) of this 
    section).
        (3) Procedures under which the State child support enforcement 
    agency shall request, and the State shall provide, that for the 
    purpose of enforcing a support order under any State plan approved 
    under this part--
            (A) any refund of State income tax which would otherwise be 
        payable to a noncustodial parent will be reduced, after notice 
        has been sent to that noncustodial parent of the proposed 
        reduction and the procedures to be followed to contest it (and 
        after full compliance with all procedural due process 
        requirements of the State), by the amount of any overdue support 
        owed by such noncustodial parent;
            (B) the amount by which such refund is reduced shall be 
        distributed in accordance with section 657 of this title in the 
        case of overdue support assigned to a State pursuant to section 
        608(a)(3) or 671(a)(17) of this title, or, in any other case, 
        shall be distributed, after deduction of any fees imposed by the 
        State to cover the costs of collection, to the child or parent 
        to whom such support is owed; and
            (C) notice of the noncustodial parent's social security 
        account number (or numbers, if he has more than one such number) 
        and home address shall be furnished to the State agency 
        requesting the refund offset, and to the State agency enforcing 
        the order.

        (4) Liens.--Procedures under which--
            (A) liens arise by operation of law against real and 
        personal property for amounts of overdue support owed by a 
        noncustodial parent who resides or owns property in the State; 
        and
            (B) the State accords full faith and credit to liens 
        described in subparagraph (A) arising in another State, when the 
        State agency, party, or other entity seeking to enforce such a 
        lien complies with the procedural rules relating to recording or 
        serving liens that arise within the State, except that such 
        rules may not require judicial notice or hearing prior to the 
        enforcement of such a lien.

        (5) Procedures concerning paternity establishment.--
            (A) Establishment process available from birth until age 
        18.--
                (i) Procedures which permit the establishment of the 
            paternity of a child at any time before the child attains 18 
            years of age.
                (ii) As of August 16, 1984, clause (i) shall also apply 
            to a child for whom paternity has not been established or 
            for whom a paternity action was brought but dismissed 
            because a statute of limitations of less than 18 years was 
            then in effect in the State.

            (B) Procedures concerning genetic testing.--
                (i) Genetic testing required in certain contested 
            cases.--Procedures under which the State is required, in a 
            contested paternity case (unless otherwise barred by State 
            law) to require the child and all other parties (other than 
            individuals found under section 654(29) of this title to 
            have good cause and other exceptions for refusing to 
            cooperate) to submit to genetic tests upon the request of 
            any such party, if the request is supported by a sworn 
            statement by the party--
                    (I) alleging paternity, and setting forth facts 
                establishing a reasonable possibility of the requisite 
                sexual contact between the parties; or
                    (II) denying paternity, and setting forth facts 
                establishing a reasonable possibility of the 
                nonexistence of sexual contact between the parties.

                (ii) Other requirements.--Procedures which require the 
            State agency, in any case in which the agency orders genetic 
            testing--
                    (I) to pay costs of such tests, subject to 
                recoupment (if the State so elects) from the alleged 
                father if paternity is established; and
                    (II) to obtain additional testing in any case if an 
                original test result is contested, upon request and 
                advance payment by the contestant.

            (C) Voluntary paternity acknowledgment.--
                (i) Simple civil process.--Procedures for a simple civil 
            process for voluntarily acknowledging paternity under which 
            the State must provide that, before a mother and a putative 
            father can sign an acknowledgment of paternity, the mother 
            and the putative father must be given notice, orally, or 
            through the use of video or audio equipment, and in writing, 
            of the alternatives to, the legal consequences of, and the 
            rights (including, if 1 parent is a minor, any rights 
            afforded due to minority status) and responsibilities that 
            arise from, signing the acknowledgment.
                (ii) Hospital-based program.--Such procedures must 
            include a hospital-based program for the voluntary 
            acknowledgment of paternity focusing on the period 
            immediately before or after the birth of a child.
                (iii) Paternity establishment services.--
                    (I) State-offered services.--Such procedures must 
                require the State agency responsible for maintaining 
                birth records to offer voluntary paternity establishment 
                services.
                    (II) Regulations.--
                        (aa) Services offered by hospitals and birth 
                    record agencies.--The Secretary shall prescribe 
                    regulations governing voluntary paternity 
                    establishment services offered by hospitals and 
                    birth record agencies.
                        (bb) Services offered by other entities.--The 
                    Secretary shall prescribe regulations specifying the 
                    types of other entities that may offer voluntary 
                    paternity establishment services, and governing the 
                    provision of such services, which shall include a 
                    requirement that such an entity must use the same 
                    notice provisions used by, use the same materials 
                    used by, provide the personnel providing such 
                    services with the same training provided by, and 
                    evaluate the provision of such services in the same 
                    manner as the provision of such services is 
                    evaluated by, voluntary paternity establishment 
                    programs of hospitals and birth record agencies.

                (iv) Use of paternity acknowledgment affidavit.--Such 
            procedures must require the State to develop and use an 
            affidavit for the voluntary acknowledgment of paternity 
            which includes the minimum requirements of the affidavit 
            specified by the Secretary under section 652(a)(7) of this 
            title for the voluntary acknowledgment of paternity, and to 
            give full faith and credit to such an affidavit signed in 
            any other State according to its procedures.

            (D) Status of signed paternity acknowledgment.--
                (i) Inclusion in birth records.--Procedures under which 
            the name of the father shall be included on the record of 
            birth of the child of unmarried parents only if--
                    (I) the father and mother have signed a voluntary 
                acknowledgment of paternity; or
                    (II) a court or an administrative agency of 
                competent jurisdiction has issued an adjudication of 
                paternity.

          Nothing in this clause shall preclude a State agency from 
            obtaining an admission of paternity from the father for 
            submission in a judicial or administrative proceeding, or 
            prohibit the issuance of an order in a judicial or 
            administrative proceeding which bases a legal finding of 
            paternity on an admission of paternity by the father and any 
            other additional showing required by State law.
                (ii) Legal finding of paternity.--Procedures under which 
            a signed voluntary acknowledgment of paternity is considered 
            a legal finding of paternity, subject to the right of any 
            signatory to rescind the acknowledgment within the earlier 
            of--
                    (I) 60 days; or
                    (II) the date of an administrative or judicial 
                proceeding relating to the child (including a proceeding 
                to establish a support order) in which the signatory is 
                a party.

                (iii) Contest.--Procedures under which, after the 60-day 
            period referred to in clause (ii), a signed voluntary 
            acknowledgment of paternity may be challenged in court only 
            on the basis of fraud, duress, or material mistake of fact, 
            with the burden of proof upon the challenger, and under 
            which the legal responsibilities (including child support 
            obligations) of any signatory arising from the 
            acknowledgment may not be suspended during the challenge, 
            except for good cause shown.

            (E) Bar on acknowledgment ratification proceedings.--
        Procedures under which judicial or administrative proceedings 
        are not required or permitted to ratify an unchallenged 
        acknowledgment of paternity.
            (F) Admissibility of genetic testing results.--Procedures--
                (i) requiring the admission into evidence, for purposes 
            of establishing paternity, of the results of any genetic 
            test that is--
                    (I) of a type generally acknowledged as reliable by 
                accreditation bodies designated by the Secretary; and
                    (II) performed by a laboratory approved by such an 
                accreditation body;

                (ii) requiring an objection to genetic testing results 
            to be made in writing not later than a specified number of 
            days before any hearing at which the results may be 
            introduced into evidence (or, at State option, not later 
            than a specified number of days after receipt of the 
            results); and
                (iii) making the test results admissible as evidence of 
            paternity without the need for foundation testimony or other 
            proof of authenticity or accuracy, unless objection is made.

            (G) Presumption of paternity in certain cases.--Procedures 
        which create a rebuttable or, at the option of the State, 
        conclusive presumption of paternity upon genetic testing results 
        indicating a threshold probability that the alleged father is 
        the father of the child.
            (H) Default orders.--Procedures requiring a default order to 
        be entered in a paternity case upon a showing of service of 
        process on the defendant and any additional showing required by 
        State law.
            (I) No right to jury trial.--Procedures providing that the 
        parties to an action to establish paternity are not entitled to 
        a trial by jury.
            (J) Temporary support order based on probable paternity in 
        contested cases.--Procedures which require that a temporary 
        order be issued, upon motion by a party, requiring the provision 
        of child support pending an administrative or judicial 
        determination of parentage, if there is clear and convincing 
        evidence of paternity (on the basis of genetic tests or other 
        evidence).
            (K) Proof of certain support and paternity establishment 
        costs.--Procedures under which bills for pregnancy, childbirth, 
        and genetic testing are admissible as evidence without requiring 
        third-party foundation testimony, and shall constitute prima 
        facie evidence of amounts incurred for such services or for 
        testing on behalf of the child.
            (L) Standing of putative fathers.--Procedures ensuring that 
        the putative father has a reasonable opportunity to initiate a 
        paternity action.
            (M) Filing of acknowledgments and adjudications in state 
        registry of birth records.--Procedures under which voluntary 
        acknowledgments and adjudications of paternity by judicial or 
        administrative processes are filed with the State registry of 
        birth records for comparison with information in the State case 
        registry.

        (6) Procedures which require that a noncustodial parent give 
    security, post a bond, or give some other guarantee to secure 
    payment of overdue support, after notice has been sent to such 
    noncustodial parent of the proposed action and of the procedures to 
    be followed to contest it (and after full compliance with all 
    procedural due process requirements of the State).
        (7) Reporting arrearages to credit bureaus.--
            (A) In general.--Procedures (subject to safeguards pursuant 
        to subparagraph (B)) requiring the State to report periodically 
        to consumer reporting agencies (as defined in section 1681a(f) 
        of title 15) the name of any noncustodial parent who is 
        delinquent in the payment of support, and the amount of overdue 
        support owed by such parent.
            (B) Safeguards.--Procedures ensuring that, in carrying out 
        subparagraph (A), information with respect to a noncustodial 
        parent is reported--
                (i) only after such parent has been afforded all due 
            process required under State law, including notice and a 
            reasonable opportunity to contest the accuracy of such 
            information; and
                (ii) only to an entity that has furnished evidence 
            satisfactory to the State that the entity is a consumer 
            reporting agency (as so defined).

        (8)(A) Procedures under which all child support orders not 
    described in subparagraph (B) will include provision for withholding 
    from income, in order to assure that withholding as a means of 
    collecting child support is available if arrearages occur without 
    the necessity of filing application for services under this part.
        (B) Procedures under which all child support orders which are 
    initially issued in the State on or after January 1, 1994, and are 
    not being enforced under this part will include the following 
    requirements:
            (i) The income of a noncustodial parent shall be subject to 
        withholding, regardless of whether support payments by such 
        parent are in arrears, on the effective date of the order; 
        except that such income shall not be subject to withholding 
        under this clause in any case where (I) one of the parties 
        demonstrates, and the court (or administrative process) finds, 
        that there is good cause not to require immediate income 
        withholding, or (II) a written agreement is reached between both 
        parties which provides for an alternative arrangement.
            (ii) The requirements of subsection (b)(1) of this section 
        (which shall apply in the case of each noncustodial parent 
        against whom a support order is or has been issued or modified 
        in the State, without regard to whether the order is being 
        enforced under the State plan).
            (iii) The requirements of paragraphs (2), (5), (6), (7), 
        (8), (9), and (10) of subsection (b) of this section, where 
        applicable.
            (iv) Withholding from income of amounts payable as support 
        must be carried out in full compliance with all procedural due 
        process requirements of the State.

        (9) Procedures which require that any payment or installment of 
    support under any child support order, whether ordered through the 
    State judicial system or through the expedited processes required by 
    paragraph (2), is (on and after the date it is due)--
            (A) a judgment by operation of law, with the full force, 
        effect, and attributes of a judgment of the State, including the 
        ability to be enforced,
            (B) entitled as a judgment to full faith and credit in such 
        State and in any other State, and
            (C) not subject to retroactive modification by such State or 
        by any other State;

    except that such procedures may permit modification with respect to 
    any period during which there is pending a petition for 
    modification, but only from the date that notice of such petition 
    has been given, either directly or through the appropriate agent, to 
    the obligee or (where the obligee is the petitioner) to the obligor.
        (10) Review and adjustment of support orders upon request.--
            (A) 3-year cycle.--
                (i) In general.--Procedures under which every 3 years 
            (or such shorter cycle as the State may determine), upon the 
            request of either parent, or, if there is an assignment 
            under part A of this subchapter, upon the request of the 
            State agency under the State plan or of either parent, the 
            State shall with respect to a support order being enforced 
            under this part, taking into account the best interests of 
            the child involved--
                    (I) review and, if appropriate, adjust the order in 
                accordance with the guidelines established pursuant to 
                section 667(a) of this title if the amount of the child 
                support award under the order differs from the amount 
                that would be awarded in accordance with the guidelines;
                    (II) apply a cost-of-living adjustment to the order 
                in accordance with a formula developed by the State; or
                    (III) use automated methods (including automated 
                comparisons with wage or State income tax data) to 
                identify orders eligible for review, conduct the review, 
                identify orders eligible for adjustment, and apply the 
                appropriate adjustment to the orders eligible for 
                adjustment under any threshold that may be established 
                by the State.

                (ii) Opportunity to request review of adjustment.--If 
            the State elects to conduct the review under subclause (II) 
            or (III) of clause (i), procedures which permit either party 
            to contest the adjustment, within 30 days after the date of 
            the notice of the adjustment, by making a request for review 
            and, if appropriate, adjustment of the order in accordance 
            with the child support guidelines established pursuant to 
            section 667(a) of this title.
                (iii) No proof of change in circumstances necessary in 
            3-year cycle review.--Procedures which provide that any 
            adjustment under clause (i) shall be made without a 
            requirement for proof or showing of a change in 
            circumstances.

            (B) Proof of substantial change in circumstances necessary 
        in request for review outside 3-year cycle.--Procedures under 
        which, in the case of a request for a review, and if 
        appropriate, an adjustment outside the 3-year cycle (or such 
        shorter cycle as the State may determine) under clause (i), the 
        State shall review and, if the requesting party demonstrates a 
        substantial change in circumstances, adjust the order in 
        accordance with the guidelines established pursuant to section 
        667(a) of this title.
            (C) Notice of right to review.--Procedures which require the 
        State to provide notice not less than once every 3 years to the 
        parents subject to the order informing the parents of their 
        right to request the State to review and, if appropriate, adjust 
        the order pursuant to this paragraph. The notice may be included 
        in the order.

        (11) Procedures under which a State must give full faith and 
    credit to a determination of paternity made by any other State, 
    whether established through voluntary acknowledgment or through 
    administrative or judicial processes.
        (12) Locator information from interstate networks.--Procedures 
    to ensure that all Federal and State agencies conducting activities 
    under this part have access to any system used by the State to 
    locate an individual for purposes relating to motor vehicles or law 
    enforcement.
        (13) Recording of social security numbers in certain family 
    matters.--Procedures requiring that the social security number of--
            (A) any applicant for a professional license, driver's 
        license, occupational license, recreational license, or marriage 
        license be recorded on the application;
            (B) any individual who is subject to a divorce decree, 
        support order, or paternity determination or acknowledgment be 
        placed in the records relating to the matter; and
            (C) any individual who has died be placed in the records 
        relating to the death and be recorded on the death certificate.

    For purposes of subparagraph (A), if a State allows the use of a 
    number other than the social security number to be used on the face 
    of the document while the social security number is kept on file at 
    the agency, the State shall so advise any applicants.
        (14) High-volume, automated administrative enforcement in 
    interstate cases.--
            (A) In general.--Procedures under which--
                (i) the State shall use high-volume automated 
            administrative enforcement, to the same extent as used for 
            intrastate cases, in response to a request made by another 
            State to enforce support orders, and shall promptly report 
            the results of such enforcement procedure to the requesting 
            State;
                (ii) the State may, by electronic or other means, 
            transmit to another State a request for assistance in 
            enforcing support orders through high-volume, automated 
            administrative enforcement, which request--
                    (I) shall include such information as will enable 
                the State to which the request is transmitted to compare 
                the information about the cases to the information in 
                the data bases of the State; and
                    (II) shall constitute a certification by the 
                requesting State--
                        (aa) of the amount of support under an order the 
                    payment of which is in arrears; and
                        (bb) that the requesting State has complied with 
                    all procedural due process requirements applicable 
                    to each case;

                (iii) if the State provides assistance to another State 
            pursuant to this paragraph with respect to a case, neither 
            State shall consider the case to be transferred to the 
            caseload of such other State; and
                (iv) the State shall maintain records of--
                    (I) the number of such requests for assistance 
                received by the State;
                    (II) the number of cases for which the State 
                collected support in response to such a request; and
                    (III) the amount of such collected support.

            (B) High-volume automated administrative enforcement.--In 
        this part, the term ``high-volume automated administrative 
        enforcement'', in interstate cases, means, on request of another 
        State, the identification by a State, through automated data 
        matches with financial institutions and other entities where 
        assets may be found, of assets owned by persons who owe child 
        support in other States, and the seizure of such assets by the 
        State, through levy or other appropriate processes.

        (15) Procedures to ensure that persons owing overdue support 
    work or have a plan for payment of such support.--Procedures under 
    which the State has the authority, in any case in which an 
    individual owes overdue support with respect to a child receiving 
    assistance under a State program funded under part A of this 
    subchapter, to issue an order or to request that a court or an 
    administrative process established pursuant to State law issue an 
    order that requires the individual to--
            (A) pay such support in accordance with a plan approved by 
        the court, or, at the option of the State, a plan approved by 
        the State agency administering the State program under this 
        part; or
            (B) if the individual is subject to such a plan and is not 
        incapacitated, participate in such work activities (as defined 
        in section 607(d) of this title) as the court, or, at the option 
        of the State, the State agency administering the State program 
        under this part, deems appropriate.

        (16) Authority to withhold or suspend licenses.--Procedures 
    under which the State has (and uses in appropriate cases) authority 
    to withhold or suspend, or to restrict the use of driver's licenses, 
    professional and occupational licenses, and recreational and 
    sporting licenses of individuals owing overdue support or failing, 
    after receiving appropriate notice, to comply with subpoenas or 
    warrants relating to paternity or child support proceedings.
        (17) Financial institution data matches.--
            (A) In general.--Procedures under which the State agency 
        shall enter into agreements with financial institutions doing 
        business in the State--
                (i) to develop and operate, in coordination with such 
            financial institutions, and the Federal Parent Locator 
            Service in the case of financial institutions doing business 
            in two or more States, a data match system, using automated 
            data exchanges to the maximum extent feasible, in which each 
            such financial institution is required to provide for each 
            calendar quarter the name, record address, social security 
            number or other taxpayer identification number, and other 
            identifying information for each noncustodial parent who 
            maintains an account at such institution and who owes past-
            due support, as identified by the State by name and social 
            security number or other taxpayer identification number; and
                (ii) in response to a notice of lien or levy, encumber 
            or surrender, as the case may be, assets held by such 
            institution on behalf of any noncustodial parent who is 
            subject to a child support lien pursuant to paragraph (4).

            (B) Reasonable fees.--The State agency may pay a reasonable 
        fee to a financial institution for conducting the data match 
        provided for in subparagraph (A)(i), not to exceed the actual 
        costs incurred by such financial institution.
            (C) Liability.--A financial institution shall not be liable 
        under any Federal or State law to any person--
                (i) for any disclosure of information to the State 
            agency under subparagraph (A)(i);
                (ii) for encumbering or surrendering any assets held by 
            such financial institution in response to a notice of lien 
            or levy issued by the State agency as provided for in 
            subparagraph (A)(ii); or
                (iii) for any other action taken in good faith to comply 
            with the requirements of subparagraph (A).

            (D) Definitions.--For purposes of this paragraph--
                (i) Financial institution.--The term ``financial 
            institution'' has the meaning given to such term by section 
            669A(d)(1) of this title.
                (ii) Account.--The term ``account'' means a demand 
            deposit account, checking or negotiable withdrawal order 
            account, savings account, time deposit account, or money-
            market mutual fund account.

        (18) Enforcement of orders against paternal or maternal 
    grandparents.--Procedures under which, at the State's option, any 
    child support order enforced under this part with respect to a child 
    of minor parents, if the custodial parent of such child is receiving 
    assistance under the State program under part A of this subchapter, 
    shall be enforceable, jointly and severally, against the parents of 
    the noncustodial parent of such child.
        (19) Health care coverage.--Procedures under which all child 
    support orders enforced pursuant to this part shall include a 
    provision for the health care coverage of the child, and in the case 
    in which a noncustodial parent provides such coverage and changes 
    employment, and the new employer provides health care coverage, the 
    State agency shall transfer notice of the provision to the employer, 
    which notice shall operate to enroll the child in the noncustodial 
    parent's health plan, unless the noncustodial parent contests the 
    notice.

Notwithstanding section 654(20)(B) of this title, the procedures which 
are required under paragraphs (3), (4), (6), (7), and (15) need not be 
used or applied in cases where the State determines (using guidelines 
which are generally available within the State and which take into 
account the payment record of the noncustodial parent, the availability 
of other remedies, and other relevant considerations) that such use or 
application would not carry out the purposes of this part or would be 
otherwise inappropriate in the circumstances.

(b) Withholding from income of amounts payable as support

    The procedures referred to in subsection (a)(1)(A) of this section 
(relating to the withholding from income of amounts payable as support) 
must provide for the following:
        (1) In the case of each noncustodial parent against whom a 
    support order is or has been issued or modified in the State, and is 
    being enforced under the State plan, so much of such parent's income 
    must be withheld, in accordance with the succeeding provisions of 
    this subsection, as is necessary to comply with the order and 
    provide for the payment of any fee to the employer which may be 
    required under paragraph (6)(A), up to the maximum amount permitted 
    under section 1673(b) of title 15. If there are arrearages to be 
    collected, amounts withheld to satisfy such arrearages, when added 
    to the amounts withheld to pay current support and provide for the 
    fee, may not exceed the limit permitted under such section 1673(b), 
    but the State need not withhold up to the maximum amount permitted 
    under such section in order to satisfy arrearages.
        (2) Such withholding must be provided without the necessity of 
    any application therefor in the case of a child (whether or not 
    eligible for assistance under a State program funded under part A of 
    this subchapter) with respect to whom services are already being 
    provided under the State plan under this part, and must be provided 
    in accordance with this subsection on the basis of an application 
    for services under the State plan in the case of any other child in 
    whose behalf a support order has been issued or modified in the 
    State. In either case such withholding must occur without the need 
    for any amendment to the support order involved or for any further 
    action (other than those actions required under this part) by the 
    court or other entity which issued such order.
        (3)(A) The income of a noncustodial parent shall be subject to 
    such withholding, regardless of whether support payments by such 
    parent are in arrears, in the case of a support order being enforced 
    under this part that is issued or modified on or after the first day 
    of the 25th month beginning after October 13, 1988, on the effective 
    date of the order; except that such income shall not be subject to 
    such withholding under this subparagraph in any case where (i) one 
    of the parties demonstrates, and the court (or administrative 
    process) finds, that there is good cause not to require immediate 
    income withholding, or (ii) a written agreement is reached between 
    both parties which provides for an alternative arrangement.
        (B) The income of a noncustodial parent shall become subject to 
    such withholding, in the case of income not subject to withholding 
    under subparagraph (A), on the date on which the payments which the 
    noncustodial parent has failed to make under a support order are at 
    least equal to the support payable for one month or, if earlier, and 
    without regard to whether there is an arrearage, the earliest of--
            (i) the date as of which the noncustodial parent requests 
        that such withholding begin,
            (ii) the date as of which the custodial parent requests that 
        such withholding begin, if the State determines, in accordance 
        with such procedures and standards as it may establish, that the 
        request should be approved, or
            (iii) such earlier date as the State may select.

        (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).
        (5) Such withholding must be administered by the State through 
    the State disbursement unit established pursuant to section 654b of 
    this title, in accordance with the requirements of section 654b of 
    this title.
        (6)(A)(i) The employer of any noncustodial parent to whom 
    paragraph (1) applies, upon being given notice as described in 
    clause (ii), must be required to withhold from such noncustodial 
    parent's income the amount specified by such notice (which may 
    include a fee, established by the State, to be paid to the employer 
    unless waived by such employer) and pay such amount (after deducting 
    and retaining any portion thereof which represents the fee so 
    established) 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) The notice given to the employer shall be in a standard 
    format prescribed by the Secretary, and contain only such 
    information as may be necessary for the employer to comply with the 
    withholding order.
        (iii) As used in this subparagraph, the term ``business day'' 
    means a day on which State offices are open for regular business.
        (B) Methods must be established by the State to simplify the 
    withholding process for employers to the greatest extent possible, 
    including permitting any employer to combine all withheld amounts 
    into a single payment to each appropriate agency or entity (with the 
    portion thereof which is attributable to each individual employee 
    being separately designated).
        (C) The employer must be held liable to the State for any amount 
    which such employer fails to withhold from income due an employee 
    following receipt by such employer of proper notice under 
    subparagraph (A), but such employer shall not be required to vary 
    the normal pay and disbursement cycles in order to comply with this 
    paragraph.
        (D) Provision must be made for the imposition of a fine against 
    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.

        (7) Support collection under this subsection must be given 
    priority over any other legal process under State law against the 
    same income.
        (8) For purposes of subsection (a) of this section 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.
        (9) The State must extend its withholding system under this 
    subsection so that such system will include withholding from income 
    derived within such State in cases where the applicable support 
    orders were issued in other States, in order to assure that child 
    support owed by noncustodial parents in such State or any other 
    State will be collected without regard to the residence of the child 
    for whom the support is payable or of such child's custodial parent.
        (10) Provision must be made for terminating withholding.
        (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.

(c) Expedited procedures

    The procedures specified in this subsection are the following:

              (1) Administrative action by State agency

        Procedures which give the State agency the authority to take the 
    following actions relating to establishment of paternity or to 
    establishment, modification, or enforcement of support orders, 
    without the necessity of obtaining an order from any other judicial 
    or administrative tribunal, and to recognize and enforce the 
    authority of State agencies of other States to take the following 
    actions:

        (A) Genetic testing

            To order genetic testing for the purpose of paternity 
        establishment as provided in subsection (a)(5) of this section.

        (B) Financial or other information

            To subpoena any financial or other information needed to 
        establish, modify, or enforce a support order, and to impose 
        penalties for failure to respond to such a subpoena.

        (C) Response to State agency request

            To require all entities in the State (including for-profit, 
        nonprofit, and governmental employers) to provide promptly, in 
        response to a request by the State agency of that or any other 
        State administering a program under this part, information on 
        the employment, compensation, and benefits of any individual 
        employed by such entity as an employee or contractor, and to 
        sanction failure to respond to any such request.

        (D) Access to information contained in certain records

            To obtain access, subject to safeguards on privacy and 
        information security, and subject to the nonliability of 
        entities that afford such access under this subparagraph, to 
        information contained in the following records (including 
        automated access, in the case of records maintained in automated 
        data bases):
                (i) Records of other State and local government 
            agencies, including--
                    (I) vital statistics (including records of marriage, 
                birth, and divorce);
                    (II) State and local tax and revenue records 
                (including information on residence address, employer, 
                income and assets);
                    (III) records concerning real and titled personal 
                property;
                    (IV) records of occupational and professional 
                licenses, and records concerning the ownership and 
                control of corporations, partnerships, and other 
                business entities;
                    (V) employment security records;
                    (VI) records of agencies administering public 
                assistance programs;
                    (VII) records of the motor vehicle department; and
                    (VIII) corrections records.

                (ii) Certain records held by private entities with 
            respect to individuals who owe or are owed support (or 
            against or with respect to whom a support obligation is 
            sought), consisting of--
                    (I) the names and addresses of such individuals and 
                the names and addresses of the employers of such 
                individuals, as appearing in customer records of public 
                utilities and cable television companies, pursuant to an 
                administrative subpoena authorized by subparagraph (B); 
                and
                    (II) information (including information on assets 
                and liabilities) on such individuals held by financial 
                institutions.

        (E) Change in payee

            In cases in which support is subject to an assignment in 
        order to comply with a requirement imposed pursuant to part A of 
        this subchapter, part E of this subchapter, or section 1396k of 
        this title, or to a requirement to pay through the State 
        disbursement unit established pursuant to section 654b of this 
        title, upon providing notice to obligor and obligee, to direct 
        the obligor or other payor to change the payee to the 
        appropriate government entity.

        (F) Income withholding

            To order income withholding in accordance with subsections 
        (a)(1)(A) and (b) of this section.

        (G) Securing assets

            In cases in which there is a support arrearage, to secure 
        assets to satisfy any current support obligation and the 
        arrearage by--
                (i) intercepting or seizing periodic or lump-sum 
            payments from--
                    (I) a State or local agency, including unemployment 
                compensation, workers' compensation, and other benefits; 
                and
                    (II) judgments, settlements, and lotteries;

                (ii) attaching and seizing assets of the obligor held in 
            financial institutions;
                (iii) attaching public and private retirement funds; and
                (iv) imposing liens in accordance with subsection (a)(4) 
            of this section and, in appropriate cases, to force sale of 
            property and distribution of proceeds.

        (H) Increase monthly payments

            For the purpose of securing overdue support, to increase the 
        amount of monthly support payments to include amounts for 
        arrearages, subject to such conditions or limitations as the 
        State may provide.

    Such procedures shall be subject to due process safeguards, 
    including (as appropriate) requirements for notice, opportunity to 
    contest the action, and opportunity for an appeal on the record to 
    an independent administrative or judicial tribunal.

                (2) Substantive and procedural rules

        The expedited procedures required under subsection (a)(2) of 
    this section shall include the following rules and authority, 
    applicable with respect to all proceedings to establish paternity or 
    to establish, modify, or enforce support orders:

        (A) Locator information; presumptions concerning notice

            Procedures under which--
                (i) each party to any paternity or child support 
            proceeding is required (subject to privacy safeguards) to 
            file with the State case registry upon entry of an order, 
            and to update as appropriate, information on location and 
            identity of the party, including social security number, 
            residential and mailing addresses, telephone number, 
            driver's license number, and name, address, and telephone 
            number of employer; and
                (ii) in any subsequent child support enforcement action 
            between the parties, upon sufficient showing that diligent 
            effort has been made to ascertain the location of such a 
            party, the court or administrative agency of competent 
            jurisdiction shall deem State due process requirements for 
            notice and service of process to be met with respect to the 
            party, upon delivery of written notice to the most recent 
            residential or employer address filed with the State case 
            registry pursuant to clause (i).

        (B) Statewide jurisdiction

            Procedures under which--
                (i) the State agency and any administrative or judicial 
            tribunal with authority to hear child support and paternity 
            cases exerts statewide jurisdiction over the parties; and
                (ii) in a State in which orders are issued by courts or 
            administrative tribunals, a case may be transferred between 
            local jurisdictions in the State without need for any 
            additional filing by the petitioner, or service of process 
            upon the respondent, to retain jurisdiction over the 
            parties.

                     (3) Coordination with ERISA

        Notwithstanding subsection (d) of section 514 of the Employee 
    Retirement Income Security Act of 1974 [29 U.S.C. 1144(d)] (relating 
    to effect on other laws), nothing in this subsection shall be 
    construed to alter, amend, modify, invalidate, impair, or supersede 
    subsections (a), (b), and (c) of such section 514 [29 U.S.C. 
    1144(a)-(c)] as it applies with respect to any procedure referred to 
    in paragraph (1) and any expedited procedure referred to in 
    paragraph (2), except to the extent that such procedure would be 
    consistent with the requirements of section 206(d)(3) of such Act 
    [29 U.S.C. 1056(d)(3)] (relating to qualified domestic relations 
    orders) or the requirements of section 609(a) of such Act [29 U.S.C. 
    1169(a)] (relating to qualified medical child support orders) if the 
    reference in such section 206(d)(3) to a domestic relations order 
    and the reference in such section 609(a) to a medical child support 
    order were a reference to a support order referred to in paragraphs 
    (1) and (2) relating to the same matters, respectively.

(d) Exemption of States

    If a State demonstrates to the satisfaction of the Secretary, 
through the presentation to the Secretary of such data pertaining to 
caseloads, processing times, administrative costs, and average support 
collections, and such other data or estimates as the Secretary may 
specify, that the enactment of any law or the use of any procedure or 
procedures required by or pursuant to this section will not increase the 
effectiveness and efficiency of the State child support enforcement 
program, the Secretary may exempt the State, subject to the Secretary's 
continuing review and to termination of the exemption should 
circumstances change, from the requirement to enact the law or use the 
procedure or procedures involved.

(e) ``Overdue support'' defined

    For purposes of this section, the term ``overdue support'' means the 
amount of a delinquency pursuant to an obligation determined under a 
court order, or an order of an administrative process established under 
State law, for support and maintenance of a minor child which is owed to 
or on behalf of such child, or for support and maintenance of the 
noncustodial parent's spouse (or former spouse) with whom the child is 
living if and to the extent that spousal support (with respect to such 
spouse or former spouse) would be included for purposes of section 
654(4) of this title. At the option of the State, overdue support may 
include amounts which otherwise meet the definition in the first 
sentence of this subsection but which are owed to or on behalf of a 
child who is not a minor child. The option to include support owed to 
children who are not minors shall apply independently to each procedure 
specified under this section.

(f) Uniform Interstate Family Support Act

    In order to satisfy section 654(20)(A) of this title, on and after 
January 1, 1998, each State must have in effect the Uniform Interstate 
Family Support Act, as approved by the American Bar Association on 
February 9, 1993, and as in effect on August 22, 1996, including any 
amendments officially adopted as of such date by the National Conference 
of Commissioners on Uniform State Laws.

(g) Laws voiding fraudulent transfers

    In order to satisfy section 654(20)(A) of this title, each State 
must have in effect--
        (1)(A) the Uniform Fraudulent Conveyance Act of 1981;
        (B) the Uniform Fraudulent Transfer Act of 1984; or
        (C) another law, specifying indicia of fraud which create a 
    prima facie case that a debtor transferred income or property to 
    avoid payment to a child support creditor, which the Secretary finds 
    affords comparable rights to child support creditors; and
        (2) procedures under which, in any case in which the State knows 
    of a transfer by a child support debtor with respect to which such a 
    prima facie case is established, the State must--
            (A) seek to void such transfer; or
            (B) obtain a settlement in the best interests of the child 
        support creditor.

(Aug. 14, 1935, ch. 531, title IV, Sec. 466, as added Pub. L. 98-378, 
Sec. 3(b), Aug. 16, 1984, 98 Stat. 1306; amended Pub. L. 99-509, title 
IX, Sec. 9103(a), Oct. 21, 1986, 100 Stat. 1973; Pub. L. 100-485, title 
I, Secs. 101(a), (b), 103(c), 111(b), (e), Oct. 13, 1988, 102 Stat. 
2344-2346, 2349, 2350; Pub. L. 100-647, title VIII, Sec. 8105(4), Nov. 
10, 1988, 102 Stat. 3797; Pub. L. 103-66, title XIII, Sec. 13721(b), 
Aug. 10, 1993, 107 Stat. 659; Pub. L. 103-432, title II, Sec. 212(a), 
Oct. 31, 1994, 108 Stat. 4460; Pub. L. 104-193, title I, 
Sec. 108(c)(14), (15), title III, Secs. 301(c)(3), (4), 314, 315, 317, 
321, 323, 325(a), 331(a), 351, 364, 365, 367-369, 372, 373, 382, 
395(d)(1)(H), (2)(D), Aug. 22, 1996, 110 Stat. 2166, 2200, 2212, 2214, 
2220-2222, 2224, 2227, 2239, 2249-2251, 2254, 2255, 2257, 2259, 2260; 
Pub. L. 105-33, title V, Secs. 5532(i)(2), 5536-5539, 5544, 5550(a), 
5551, 5556(a), (e), Aug. 5, 1997, 111 Stat. 627, 629-631, 633, 634, 637; 
Pub. L. 105-200, title IV, Secs. 401(c)(1), 404(a), 406(a), July 16, 
1998, 112 Stat. 661, 671; Pub. L. 106-169, title IV, Sec. 401(f), (m), 
(n), Dec. 14, 1999, 113 Stat. 1858, 1859.)

                     Amendment of Subsection (a)(19)

        Pub. L. 105-200, title IV, Sec. 401(c)(1), (3), July 16, 1998, 
    112 Stat. 661, 662, as amended by Pub. L. 105-306, Sec. 4(b)(1), 
    Oct. 28, 1998, 112 Stat. 2927, provided that, effective with respect 
    to periods beginning on or after the later of Oct. 1, 2001, or the 
    effective date of laws enacted by the legislature of such State 
    implementing amendments by section 401(c) of Pub. L. 105-200, but in 
    no event later than the first day of the first calendar quarter 
    beginning after the close of the first regular session of the State 
    legislature that begins after Oct. 1, 2001, subsection (a)(19) of 
    this section is amended to read as follows:

    (19) Health care coverage.--Procedures under which--

          (A) effective as provided in section 401(c)(3) of the Child 
      Support Performance and Incentive Act of 1998, all child support 
    orders enforced pursuant to this part which include a provision for 
         the health care coverage of the child are enforced, where 
    appropriate, through the use of the National Medical Support Notice 
        promulgated pursuant to section 401(b) of the Child Support 
     Performance and Incentive Act of 1998 (and referred to in section 
    609(a)(5)(C) of the Employee Retirement Income Security Act of 1974 
      [29 U.S.C. 1169(a)(5)(C)] in connection with group health plans 
       covered under title I of such Act [29 U.S.C. 1001 et seq.], in 
    section 401(e)(3)(C) of the Child Support Performance and Incentive 
     Act of 1998 in connection with State or local group health plans, 
     and in section 401(f)(5)(C) of such Act in connection with church 
                            group health plans);

         (B) unless alternative coverage is allowed for in any order of 
    the court (or other entity issuing the child support order), in any 
      case in which a noncustodial parent is required under the child 
    support order to provide such health care coverage and the employer 
         of such noncustodial parent is known to the State agency--

            (i) the State agency uses the National Medical Support 
        Notice to transfer notice of the provision for the health care 
        coverage of the child to the employer;
            (ii) within 20 business days after the date of the National 
        Medical Support Notice, the employer is required to transfer the 
        Notice, excluding the severable employer withholding notice 
        described in section 401(b)(2)(C) of the Child Support 
        Performance and Incentive Act of 1998, to the appropriate plan 
        providing any such health care coverage for which the child is 
        eligible;
            (iii) in any case in which the noncustodial parent is a 
        newly hired employee entered in the State Directory of New Hires 
        pursuant to section 653a(e) of this title, the State agency 
        provides, where appropriate, the National Medical Support 
        Notice, together with an income withholding notice issued 
        pursuant to subsection (b) of this section, within two days 
        after the date of the entry of such employee in such Directory; 
        and
            (iv) in any case in which the employment of the noncustodial 
        parent with any employer who has received a National Medical 
        Support Notice is terminated, such employer is required to 
        notify the State agency of such termination; and

         (C) any liability of the noncustodial parent to such plan for 
       employee contributions which are required under such plan for 
       enrollment of the child is effectively subject to appropriate 
         enforcement, unless the noncustodial parent contests such 
                   enforcement based on a mistake of fact.

                       References in Text

    Parts A and E of this subchapter, referred to in subsecs. 
(a)(10)(A)(i), (15), (18), (b)(2), and (c)(1)(E), are classified to 
sections 601 et seq. and 670 et seq., respectively, of this title.

                          Codification

    October 13, 1988, referred to in subsec. (b)(3)(A), was in the 
original ``the date of enactment of this paragraph'', which was 
translated as meaning the date of enactment of Pub. L. 100-485, which 
amended par. (3) of this section generally, to reflect the probable 
intent of Congress.


                               Amendments

    1999--Subsec. (a)(7)(A). Pub. L. 106-169, Sec. 401(m), substituted 
``1681a(f) of title 15)'' for ``1681a(f) of title 15''.
    Subsec. (b)(6)(A)(i). Pub. L. 106-169, Sec. 401(n), substituted 
``State of the obligor's'' for ``state of the obligor's'' in 
introductory provisions.
    Subsec. (c)(2)(A)(i). Pub. L. 106-169, Sec. 401(f), substituted 
``social security'' for ``Social Security''.
    1998--Subsec. (a)(14)(B). Pub. L. 105-200, Sec. 404(a), amended 
heading and text of subpar. (B) generally. Prior to amendment, text read 
as follows: ``In this part, the term `high-volume automated 
administrative enforcement' means the use of automatic data processing 
to search various State data bases, including license records, 
employment service data, and State new hire registries, to determine 
whether information is available regarding a parent who owes a child 
support obligation.''
    Subsec. (a)(17)(A)(i). Pub. L. 105-200, Sec. 406(a), inserted ``and 
the Federal Parent Locator Service in the case of financial institutions 
doing business in two or more States,'' before ``a data match system''.
    1997--Subsec. (a)(1)(B). Pub. L. 105-33, Sec. 5556(e), substituted 
``January 1, 1994'' for ``October 1, 1996''.
    Subsec. (a)(3)(B). Pub. L. 105-33, Sec. 5532(i)(2), substituted 
``section 657'' for ``section 657(b)(4) or (d)(3)''.
    Subsec. (a)(5)(C)(i). Pub. L. 105-33, Sec. 5539, inserted ``, or 
through the use of video or audio equipment,'' after ``orally''.
    Subsec. (a)(13). Pub. L. 105-33, Sec. 5536(2), inserted ``to be used 
on the face of the document while the social security number is kept on 
file at the agency'' after ``other than the social security number'' in 
concluding provisions.
    Subsec. (a)(13)(A). Pub. L. 105-33, Sec. 5536(1)(B), inserted 
``recreational license,'' after ``occupational license,''.
    Pub. L. 105-33, Sec. 5536(1)(A), struck out ``commercial'' before 
``driver's license''.
    Subsec. (a)(14). Pub. L. 105-33, Sec. 5550(a), amended heading and 
text of par. (14) generally. Prior to amendment, text consisted of 
subpars. (A) to (D) relating to administrative enforcement in interstate 
cases.
    Subsec. (a)(15). Pub. L. 105-33, Sec. 5551, amended heading and text 
of par. (15) generally. Prior to amendment, text related to procedures 
to ensure that persons owning past-due support work or have a plan for 
payment of such support.
    Subsec. (a)(16). Pub. L. 105-33, Sec. 5544, inserted ``and 
sporting'' after ``recreational''.
    Subsec. (c)(1)(E). Pub. L. 105-33, Sec. 5538(1)(A), inserted ``, 
part E of this subchapter,'' after ``part A of this subchapter''.
    Subsec. (c)(1)(F). Pub. L. 105-33, Sec. 5556(a), made technical 
amendment to reference in original act which appears in text as 
reference to subsections (a)(1)(A) and (b) of this section.
    Subsec. (c)(1)(G). Pub. L. 105-33, Sec. 5538(1)(B), inserted ``any 
current support obligation and'' after ``to satisfy'' in introductory 
provisions.
    Subsec. (c)(2)(A)(i). Pub. L. 105-33, Sec. 5538(2)(A), struck out 
``the tribunal and'' after ``to file with''.
    Subsec. (c)(2)(A)(ii). Pub. L. 105-33, Sec. 5538(2)(B), substituted 
``court or administrative agency of competent jurisdiction shall'' for 
``tribunal may'' and ``filed with the State case registry'' for ``filed 
with the tribunal''.
    Subsec. (f). Pub. L. 105-33, Sec. 5537, substituted ``and as in 
effect on August 22, 1996, including any amendments officially adopted 
as of such date by the National Conference of Commissioners on Uniform 
State Laws.'' for ``together with any amendments officially adopted 
before January 1, 1998 by the National Conference of Commissioners on 
Uniform State Laws.''
    1996--Subsec. (a). Pub. L. 104-193, Secs. 365(b), 395(d)(1)(H), in 
closing provisions, substituted ``(7), and (15)'' for ``and (7)'' and 
``noncustodial parent'' for ``absent parent''.
    Subsec. (a)(1). Pub. L. 104-193, Sec. 314(a)(1), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``Procedures 
described in subsection (b) of this section for the withholding from 
income of amounts payable as support.''
    Subsec. (a)(2). Pub. L. 104-193, Sec. 325(a)(1), substituted 
``Expedited administrative and judicial procedures (including the 
procedures specified in subsection (c) of this section) for establishing 
paternity and for establishing, modifying, and enforcing support 
obligations.'' for ``Procedures under which expedited processes 
(determined in accordance with regulations of the Secretary) are in 
effect under the State judicial system or under State administrative 
processes (A) for obtaining and enforcing support orders, and (B) for 
establishing paternity.''
    Subsec. (a)(3)(A). Pub. L. 104-193, Sec. 395(d)(1)(H), (2)(D), 
substituted ``a noncustodial parent'' for ``an absent parent'' and 
substituted ``noncustodial parent'' for ``absent parent'' in two places.
    Subsec. (a)(3)(B). Pub. L. 104-193, Sec. 301(c)(3), substituted ``in 
any other case'' for ``in the case of overdue support which a State has 
agreed to collect under section 654(6) of this title''.
    Pub. L. 104-193, Sec. 108(c)(14), substituted ``section 608(a)(3)'' 
for ``section 602(a)(26)''.
    (a)(3)(C). Pub. L. 104-193, Sec. 395(d)(1)(H), substituted 
``noncustodial parent's'' for ``absent parent's''.
    Subsec. (a)(4). Pub. L. 104-193, Sec. 368, inserted heading and 
amended text of par. (4) generally. Prior to amendment, text read as 
follows: ``Procedures under which liens are imposed against real and 
personal property for amounts of overdue support owed by an absent 
parent who resides or owns property in the State.''
    Subsec. (a)(5). Pub. L. 104-193, Sec. 331(a), inserted heading and 
amended text of par. (5) generally. Prior to amendment, text related to 
establishment of child's paternity prior to child's eighteenth birthday.
    Subsec. (a)(6). Pub. L. 104-193, Sec. 395(d)(1)(H), (2)(D), 
substituted ``a noncustodial parent give security'' for ``an absent 
parent give security'' and ``noncustodial parent of the proposed 
action'' for ``absent parent of the proposed action''.
    Subsec. (a)(7). Pub. L. 104-193, Sec. 367, inserted heading and 
amended text of par. (7) generally. Prior to amendment, text read as 
follows: ``Procedures which require the State to periodically report to 
consumer reporting agencies (as defined in section 1681a(f) of title 15) 
the name of any parent who owes overdue support and is at least 2 months 
delinquent in the payment of such support and the amount of such 
delinquency; except that (A) if the amount of the overdue support 
involved in any case is less than $1,000, information regarding such 
amount shall be made available only at the option of the State, (B) any 
information with respect to an absent parent shall be made available 
under such procedures only after notice has been sent to such absent 
parent of the proposed action, and such absent parent has been given a 
reasonable opportunity to contest the accuracy of such information (and 
after full compliance with all procedural due process requirements of 
the State), and (C) such information shall not be made available to (i) 
a consumer reporting agency which the State determines does not have 
sufficient capability to systematically and timely make accurate use of 
such information, or (ii) an entity which has not furnished evidence 
satisfactory to the State that the entity is a consumer reporting 
agency.''
    Subsec. (a)(8)(A). Pub. L. 104-193, Sec. 314(b)(2)(A), substituted 
``income'' for ``wages''.
    Subsec. (a)(8)(B)(i). Pub. L. 104-193, Secs. 314(b)(2)(A), 
395(d)(2)(D), substituted ``income'' for ``wages'' in two places and ``a 
noncustodial parent'' for ``an absent parent''.
    Subsec. (a)(8)(B)(ii). Pub. L. 104-193, Sec. 395(d)(1)(H), 
substituted ``noncustodial parent'' for ``absent parent''.
    Subsec. (a)(10). Pub. L. 104-193, Sec. 351, inserted heading and 
amended text of par. (10) generally. Prior to amendment, text consisted 
of subpars. (A) to (C) relating to procedures to ensure review of child 
support orders and to ensure that States implement a process for 
periodic review and adjustment of child support orders and provide 
certain notices to parents subject to child support order of matters 
relating to the review and adjustment of those orders.
    Subsec. (a)(12). Pub. L. 104-193, Sec. 315, added par. (12).
    Subsec. (a)(13). Pub. L. 104-193, Sec. 317, added par. (13).
    Subsec. (a)(14). Pub. L. 104-193, Sec. 323, added par. (14).
    Subsec. (a)(15). Pub. L. 104-193, Sec. 365(a), added par. (15).
    Subsec. (a)(16). Pub. L. 104-193, Sec. 369, added par. (16).
    Subsec. (a)(17). Pub. L. 104-193, Sec. 372, added par. (17).
    Subsec. (a)(18). Pub. L. 104-193, Sec. 373, added par. (18).
    Subsec. (a)(19). Pub. L. 104-193, Sec. 382, added par. (19).
    Subsec. (b). Pub. L. 104-193, Sec. 314(a)(2)(A), substituted 
``subsection (a)(1)(A)'' for ``subsection (a)(1)'' in introductory 
provisions.
    Subsec. (b)(1). Pub. L. 104-193, Secs. 314(b)(2)(B), 395(d)(1)(H), 
substituted ``noncustodial parent'' for ``absent parent'' and ``income'' 
for ``wages (as defined by the State for purposes of this section)''.
    Subsec. (b)(2). Pub. L. 104-193, Sec. 108(c)(15), substituted 
``assistance under a State program funded under part A'' for ``aid under 
part A''.
    Subsec. (b)(3)(A). Pub. L. 104-193, Secs. 314(b)(2)(A), 
395(d)(2)(D), substituted ``income'' for ``wages'' in two places and ``a 
noncustodial parent'' for ``an absent parent''.
    Subsec. (b)(3)(B). Pub. L. 104-193, Secs. 314(b)(2)(A), 
395(d)(1)(H), (2)(D), in introductory provisions, substituted ``income'' 
for ``wages'' in two places, ``a noncustodial parent'' for ``an absent 
parent'', and ``the noncustodial parent'' for ``the absent parent''.
    Subsec. (b)(3)(B)(i). Pub. L. 104-193, Sec. 395(d)(1)(H), 
substituted ``noncustodial parent'' for ``absent parent''.
    Subsec. (b)(4). Pub. L. 104-193, Sec. 314(a)(2)(B), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows:
    ``(A) Such withholding must be carried out in full compliance with 
all procedural due process requirements of the State, and (subject to 
subparagraph (B)) the State must send advance notice to each absent 
parent to whom paragraph (1) applies regarding the proposed withholding 
and the procedures such absent parent should follow if he or she desires 
to contest such withholding on the grounds that withholding (including 
the amount to be withheld) is not proper in the case involved because of 
mistakes of fact. If the absent parent contests such withholding on 
those grounds, the State shall determine whether such withholding will 
actually occur, shall (within no more than 45 days after the provision 
of such advance notice) inform such parent of whether or not withholding 
will occur and (if so) of the date on which it is to begin, and shall 
furnish such parent with the information contained in any notice given 
to the employer under paragraph (6)(A) with respect to such withholding.
    ``(B) The requirement of advance notice set forth in the first 
sentence of subparagraph (A) shall not apply in the case of any State 
which has a system of income withholding for child support purposes in 
effect on August 16, 1984, if such system provides on that date, and 
continues to provide, such procedures as may be necessary to meet the 
procedural due process requirements of State law.''
    Subsec. (b)(5). Pub. L. 104-193, Sec. 314(a)(2)(C), substituted 
``the State through the State disbursement unit established pursuant to 
section 654b of this title, in accordance with the requirements of 
section 654b of this title.'' for ``a public agency designated by the 
State, and the amounts withheld must be expeditiously distributed by the 
State or such agency in accordance with section 657 of this title under 
procedures (specified by the State) adequate to document payments of 
support and to track and monitor such payments, except that the State 
may establish or permit the establishment of alternative procedures for 
the collection and distribution of such amounts (under the supervision 
of such public agency) otherwise than through such public agency so long 
as the entity making such collection and distribution is publicly 
accountable for its actions taken in carrying out such procedures, and 
so long as such procedures will assure prompt distribution, provide for 
the keeping of adequate records to document payments of support, and 
permit the tracking and monitoring of such payments.''
    Subsec. (b)(6)(A)(i). Pub. L. 104-193, Secs. 314(a)(2)(D)(i), 
(b)(2)(A), 395(d)(1)(H), substituted ``The employer of any noncustodial 
parent'' for ``The employer of any absent parent'', ``withhold from such 
noncustodial parent's income'' for ``withhold from such absent parent's 
wages'', and ``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--'' for ``to the appropriate agency (or other entity 
authorized to collect the amounts withheld under the alternative 
procedures described in paragraph (5)) for distribution in accordance 
with section 657 of this title.'', and added subcls. (I) to (V) and 
closing provisions.
    Subsec. (b)(6)(A)(ii). Pub. L. 104-193, Sec. 314(a)(2)(D)(ii), 
inserted ``be in a standard format prescribed by the Secretary, and'' 
after ``employer shall''.
    Subsec. (b)(6)(A)(iii). Pub. L. 104-193, Sec. 314(a)(2)(D)(iii), 
added cl. (iii).
    Subsec. (b)(6)(C). Pub. L. 104-193, Sec. 314(b)(2)(A), substituted 
``income'' for ``wages''.
    Subsec. (b)(6)(D). Pub. L. 104-193, Sec. 314(a)(2)(E), substituted 
``any employer who--'' for ``any employer who discharges from 
employment, refuses to employ, or takes disciplinary action against any 
absent parent subject to wage withholding required by this subsection 
because of the existence of such withholding and the obligations or 
additional obligations which it imposes upon the employer.'' and added 
cls. (i) and (ii).
    Subsec. (b)(7). Pub. L. 104-193, Sec. 314(b)(2)(A), substituted 
``income'' for ``wages''.
    Subsec. (b)(8). Pub. L. 104-193, Sec. 314(b)(1), amended par. (8) 
generally. Prior to amendment, par. (8) read as follows: ``The State may 
take such actions as may be necessary to extend its system of 
withholding under this subsection so that such system will include 
withholding from forms of income other than wages, in order to assure 
that child support owed by absent parents in the State will be collected 
without regard to the types of such absent parents' income or the nature 
of their income-producing activities.''
    Subsec. (b)(9). Pub. L. 104-193, Sec. 395(d)(1)(H), substituted 
``noncustodial parents'' for ``absent parents''.
    Subsec. (b)(11). Pub. L. 104-193, Sec. 314(a)(2)(F), added par. 
(11).
    Subsec. (c). Pub. L. 104-193, Sec. 325(a)(2), added subsec. (c).
    Pub. L. 104-193, Sec. 314(c), struck out subsec. (c) which read as 
follows: ``Any State may at its option, under its plan approved under 
section 654 of this title, establish procedures under which support 
payments under this part will be made through the State agency or other 
entity which administers the State's income withholding system in any 
case where either the absent parent or the custodial parent requests it, 
even though no arrearages in child support payments are involved and no 
income withholding procedures have been instituted; but in any such case 
an annual fee for handling and processing such payments, in an amount 
not exceeding the actual costs incurred by the State in connection 
therewith or $25, whichever is less, shall be imposed on the requesting 
parent by the State.''
    Subsec. (e). Pub. L. 104-193, Secs. 301(c)(4), 395(d)(1)(H), 
substituted ``noncustodial parent's spouse'' for ``absent parent's 
spouse'' and ``section 654(4)'' for ``paragraph (4) or (6) of section 
654''.
    Subsec. (f). Pub. L. 104-193, Sec. 321, added subsec. (f).
    Subsec. (g). Pub. L. 104-193, Sec. 364, added subsec. (g).
    1994--Subsec. (a)(7). Pub. L. 103-432, Sec. 212(a)(1), substituted 
``Procedures which require the State to periodically report to consumer 
reporting agencies (as defined in section 1681a(f) of title 15) the name 
of any parent who owes overdue support and is at least 2 months 
delinquent in the payment of such support and the amount of such 
delinquency'' for ``Procedures by which information regarding the amount 
of overdue support owed by an absent parent residing in the State will 
be made available to any consumer reporting agency (as defined in 
section 1681a(f) of title 15) upon the request of such agency''.
    Subsec. (a)(7)(C). Pub. L. 103-432, Sec. 212(a)(2), substituted 
``(C) such information shall not be made available to (i) a consumer 
reporting agency which the State determines does not have sufficient 
capability to systematically and timely make accurate use of such 
information, or (ii) an entity which has not furnished evidence 
satisfactory to the State that the entity is a consumer reporting 
agency'' for ``(C) a fee for furnishing such information, in an amount 
not exceeding the actual cost thereof, may be imposed on the requesting 
agency by the State''.
    1993--Subsec. (a)(2). Pub. L. 103-66, Sec. 13721(b)(1), struck out 
``at the option of the State,'' after ``and (B)'' and inserted ``or 
paternity establishment'' after ``support order issuance and 
enforcement''.
    Subsec. (a)(5)(C) to (H). Pub. L. 103-66, Sec. 13721(b)(2), added 
subpars. (C) to (H).
    Subsec. (a)(11). Pub. L. 103-66, Sec. 13721(b)(3), added par. (11).
    1988--Subsec. (a)(5). Pub. L. 100-485, Sec. 111(b), designated 
existing provisions as subpar. (A) and added subpar. (B).
    Subsec. (a)(5)(A). Pub. L. 100-485, Sec. 111(e), as amended by Pub. 
L. 100-647, designated existing provisions as cl. (i) and added cl. 
(ii).
    Subsec. (a)(8). Pub. L. 100-485, Sec. 101(b), designated existing 
provisions as subpar. (A), substituted ``not described in subparagraph 
(B)'' for ``which are issued or modified in the State'', and added 
subpar. (B).
    Subsec. (a)(10). Pub. L. 100-485, Sec. 103(c), added par. (10).
    Subsec. (b)(3). Pub. L. 100-485, Sec. 101(a), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``An absent 
parent shall become subject to such withholding, and the advance notice 
required under paragraph (4) shall be given, on the earliest of--
        ``(A) the date on which the payments which the absent parent has 
    failed to make under such order are at least equal to the support 
    payable for one month,
        ``(B) the date as of which the absent parent requests that such 
    withholding begin, or
        ``(C) such earlier date as the State may select.''
    1986--Subsec. (a)(9). Pub. L. 99-509 added par. (9).


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-169 effective as if included in the 
enactment of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of Pub. 
L. 106-169, set out as a note under section 602 of this title.


                    Effective Date of 1998 Amendment

    Amendment by section 401(c)(1) of Pub. L. 105-200 effective with 
respect to periods beginning on or after the later of Oct. 1, 2001, or 
the effective date of laws enacted by the legislature of such State 
implementing such amendment, but in no event later than the first day of 
the first calendar quarter beginning after the close of the first 
regular session of the State legislature that begins after Oct. 1, 2001, 
see section 401(c)(3) of Pub. L. 105-200, as amended, set out as a note 
under section 652 of this title.
    Pub. L. 105-200, title IV, Sec. 404(b), July 16, 1998, 112 Stat. 
671, provided that: ``The amendment made by subsection (a) [amending 
this section] shall take effect as if included in the enactment of 
section 5550 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 
Stat. 633).''


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective as if included in the 
enactment of title III of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, except that 
amendment made by section 5536(1)(A) of Pub. L. 105-33 not effective 
with respect to a State until Oct. 1, 2000, or such earlier date as the 
State may elect, see section 5557 of Pub. L. 105-33, as amended, set out 
as a note under section 608 of this title.


                    Effective Date of 1996 Amendment

    Amendment by section 108(c)(14), (15) of Pub. L. 104-193 effective 
July 1, 1997, with transition rules relating to State options to 
accelerate such date, rules relating to claims, actions, and proceedings 
commenced before such date, rules relating to closing out of accounts 
for terminated or substantially modified programs and continuance in 
office of Assistant Secretary for Family Support, and provisions 
relating to termination of entitlement under AFDC program, see section 
116 of Pub. L. 104-193, as amended, set out as an Effective Date note 
under section 601 of this title.
    For effective date of amendments by title III of Pub. L. 104-193, 
see section 395(a)-(c) of Pub. L. 104-193, set out as a note under 
section 654 of this title.


                    Effective Date of 1994 Amendment

    Section 212(b) of Pub. L. 103-432 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on 
October 1, 1995.''


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-66 effective with respect to a State on 
later of Oct. 1, 1993, or date of enactment by legislature of such State 
of all laws required by such amendments made by section 13721 of Pub. L. 
103-66, but in no event later than first day of first calendar quarter 
beginning after close of first regular session of State legislature that 
begins after Aug. 10, 1993, and, in case of State that has 2-year 
legislative session, each year of such session deemed to be separate 
regular session of State legislature, see section 13721(c) of Pub. L. 
103-66, set out as a note under section 652 of this title.


                    Effective Date of 1988 Amendments

    Section 8105 of Pub. L. 100-647 provided that amendments made by 
that section, amending sections 607 and 669 of this title and amending 
provisions of Pub. L. 100-485 which are classified to this section and 
section 607 of this title, are effective on date of enactment of Family 
Support Act of 1988, Pub. L. 100-485, which was approved Oct. 13, 1988.
    Section 101(d) of Pub. L. 100-485 provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall become effective on the first day of the 25th month beginning 
after the date of the enactment of this Act [Oct. 13, 1988].
    ``(2) The amendments made by subsection (b) [amending this section] 
shall become effective on January 1, 1994.
    ``(3) Subsection (c) [set out below] shall become effective on the 
date of the enactment of this Act.''
    Section 103(f) of Pub. L. 100-485 provided that: ``The amendments 
made by subsections (a), (b), and (c) [amending this section and section 
667 of this title] shall become effective one year after the date of the 
enactment of this Act [Oct. 13, 1988].''
    Amendment by section 111(b) of Pub. L. 100-485 effective on first 
day of first month beginning one year or more after Oct. 13, 1988, see 
section 111(f)(2) of Pub. L. 100-485, set out as a note under section 
654 of this title.
    Amendment by section 111(e) of Pub. L. 100-485 effective Oct. 13, 
1988, see section 111(f)(1) of Pub. L. 100-485, set out as a note under 
section 652 of this title.


                    Effective Date of 1986 Amendment

    Section 9103(b) of Pub. L. 99-509 provided that:
    ``(1) Except as provided in paragraph (2), the amendment made by 
subsection (a) [amending this section] shall become effective on the 
date of the enactment of this Act [Oct. 21, 1986].
    ``(2) In the case of a State with respect to which the Secretary of 
Health and Human Services has determined that State legislation is 
required in order to conform the State plan approved under part D of 
title IV of the Social Security Act [this part] to the requirements 
imposed by the amendment made by subsection (a) [amending this section], 
the State plan shall not be regarded as failing to comply with the 
requirements of such part solely by reason of its failure to meet the 
requirements imposed by such amendment prior to the beginning of the 
fourth month beginning after the end of the first session of the State 
legislature which ends on or after the date of the enactment of this Act 
[Oct. 21, 1986]. For purposes of the preceding sentence, the term 
`session' means a regular, special, budget, or other session of a State 
legislature.''


                             Effective Date

    Section effective Oct. 1, 1985, except that subsec. (e) effective 
with respect to support owed for any month beginning after Aug. 16, 
1984, see section 3(g) of Pub. L. 98-378, set out as an Effective Date 
of 1984 Amendment note under section 654 of this title.


   Study on Making Immediate Income Withholding Mandatory in All Cases

    Section 101(c) of Pub. L. 100-485 directed Secretary of Health and 
Human Services to conduct a study of administrative feasibility, cost 
implications, and other effects of requiring immediate income 
withholding with respect to all child support awards in a State and 
report on results of such study not later than 3 years after Oct. 13, 
1988.


 Study of Impact of Extending Periodic Review Requirements to All Other 
                                  Cases

    Section 103(d) of Pub. L. 100-485 directed Secretary of Health and 
Human Resources, within 2 years after Oct. 13, 1988, to conduct and 
complete a study to determine impact on child support awards and the 
courts of requiring each State to periodically review all child support 
orders in effect in the State.


  Demonstration Projects for Evaluating Model Procedures for Reviewing 
                          Child Support Awards

    Section 103(e) of Pub. L. 100-485 authorized an agreement between 
Secretary of Health and Human Services and each State submitting an 
application for purpose of conducting a demonstration project to test 
and evaluate model procedures for reviewing child support award amounts, 
directed that such projects be commenced not later than Sept. 30, 1989, 
and be conducted for a 2-year period, and directed Secretary to report 
results of such projects to Congress not later than 6 months after all 
projects are completed.


                 Commission on Interstate Child Support

    Section 126 of Pub. L. 100-485, as amended by Pub. L. 101-508, title 
V, Sec. 5012(a), Nov. 5, 1990, 104 Stat. 1388-221; Pub. L. 102-318, 
title V, Sec. 534(a), July 3, 1992, 106 Stat. 317, established 
Commission on Interstate Child Support to hold national conferences on 
interstate child support reform and prepare report to Congress 
containing recommendations for improving interstate establishment and 
enforcement of child support awards and for revising Uniform Reciprocal 
Enforcement of Support Act and provided for powers of the Commission, 
appropriations, and termination of the Commission on Sept. 30, 1992.

                  Section Referred to in Other Sections

    This section is referred to in sections 652, 653, 653a, 654, 654a, 
654b, 658, 659, 669a of this title; title 15 section 1681a.
