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Giving Hope and Support to America's Children |
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Federal Parent Locator Service |
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Statutory and Regulatory Authority for Income-Withholding Allocation
1. Code of Federal Regulations Title 5 Chapter 1 Part 581 Section 303 Response to legal process or interrogatories (a)(1) to (3)
[Copy from the U.S. Code Online via GPO Access]
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[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2004]
[CITE: 5CFR581.303]
(a) Whenever the designated agent is validly served with legal
process pursuant to State procedures in effect pursuant to subjection
(a)(1) or (b) of section 666 of title 42, United States Code, within 30
calendar days, or within such longer period as may be prescribed by
applicable State law, the agent shall comply with all applicable
provisions of section 666, including as follows:
(1) If an agent is served with notice concerning amounts owed by an
obligor to more than one person, the agent shall comply with section
666(b)(7);
(2) Allocation of moneys due and payable to an individual under
section 666(b) shall be governed by section 666(b) and the regulations
prescribed under such section by the Secretary of Health and Human
Services;
(3) Such moneys as remain after compliance with paragraphs (a)(1)
and (a)(2) of this section shall be available to satisfy any other such
legal process on a first-come, first-served basis, with any such legal
process being satisfied out of such moneys as remain after the
satisfaction of all such legal process which have been previously
served.
2. United States Code Title 42 Chapter 7 Section 659 (a) Consent to support enforcement
[From the U.S. Code Online via GPO Access]
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 42USC659]
(a) Consent to support enforcement
Notwithstanding any other provision of law (including section 407
of this title and section 5301 of title 38), effective January 1,
1975, moneys (the entitlement to which is based upon remuneration
for employment) due from, or payable by, the United States or the
District of Columbia (including any agency, subdivision, or
instrumentality thereof) to any individual, including members of
the Armed Forces of the United States, shall be subject, in like
manner and to the same extent as if the United States or the
District of Columbia were a private person, to withholding in
accordance with State law enacted pursuant to subsections (a)(1)
and (b) of section 666 of this title and regulations of the
Secretary under such subsections, and to any other legal process
brought, by a State agency administering a program under a State
plan approved under this part or by an individual obligee, to
enforce the legal obligation of the individual to provide child
support or alimony.
3. United States Code Title 42 Chapter 7 Section 659 (d) Priority of Claims (1) and (2)
[From the U.S. Code Online via GPO Access]
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 42USC659]
(d) Priority of claims
If a governmental entity specified in subsection (a) of this section
receives notice or is served with process, as provided in this section,
concerning amounts owed by an individual to more than 1 person--
(1) support collection under section 666(b) of this title must
be given priority over any other process, as provided in section
666(b)(7) of this title;
(2) allocation of moneys due or payable to an individual among
claimants under section 666(b) of this title shall be governed by
section 666(b) of this title and the regulations prescribed under
such section; and
4. United States Code Title 42 Chapter 7 Section 666 (b)(6)(A)(i)
[Copy from the U.S. Code Online via GPO Access]
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 42USC666]
(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--
(IV) the priorities for withholding and allocating income
withheld for multiple child support obligees; and
5. United States Code Title 42 Chapter 7 Section 666 (b)(7)
[Copy from the U.S. Code Online via GPO Access]
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 42USC666]
(7) Support collection under this subsection must be given
priority over any other legal process under State law against the
same income.
6. Code of Federal Regulations Title 45 Chapter 3 Part 303 Section 100 Procedures for income withholding (a)(5)
[Copy from the U.S. Government Printing Office via GPO Access]
[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
[CITE: 45CFR303.100]
(5) If there is more than one notice for withholding against a
single noncustodial parent, the State must allocate amounts available
for withholding giving priority to current support up to the limits
imposed under section 303(b) of the Consumer Credit Protection Act (15
U.S.C. 1673(b)). The State must establish procedures for allocation of
support among families, but in no case shall the allocation result in a
withholding for one of the support obligations not being implemented.
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Last modified: November 30, 2004
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