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Employer Services

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]
[wais.access.gpo.gov]
[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]
[wais.access.gpo.gov]
[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]
[wais.access.gpo.gov]
[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