Amounts payable each quarter
Estimate of amounts payable; installment payments
Pub. L. 97–248, title I, § 174(b)96 Stat. 403 Repealed. , ,
State reports
Notwithstanding any other provision of law, no amount shall be paid to any State under this section for any quarter, prior to the close of such quarter, unless for the period consisting of all prior quarters for which payment is authorized to be made to such State under subsection (a), there shall have been submitted by the State to the Secretary, with respect to each quarter in such period (other than the last two quarters in such period), a full and complete report (in such form and manner and containing such information as the Secretary shall prescribe or require) as to the amount of child support collected and disbursed and all expenditures with respect to which payment is authorized under subsection (a).
Special project grants for interstate enforcement; appropriations
Direct Federal funding to Indian tribes and tribal organizations
The Secretary may make direct payments under this part to an Indian tribe or tribal organization that demonstrates to the satisfaction of the Secretary that it has the capacity to operate a child support enforcement program meeting the objectives of this part, including establishment of paternity, establishment, modification, and enforcement of support orders, and location of absent parents. The Secretary shall promulgate regulations establishing the requirements which must be met by an Indian tribe or tribal organization to be eligible for a grant under this subsection.
Aug. 14, 1935, ch. 531 Pub. L. 93–647, § 101(a)88 Stat. 2355 Pub. L. 94–88, title II89 Stat. 433 Pub. L. 94–365, § 390 Stat. 990 Pub. L. 95–59, § 491 Stat. 255 Pub. L. 96–178, § 2(a)93 Stat. 1295 Pub. L. 96–265, title IV94 Stat. 463 Pub. L. 96–61194 Stat. 3573 Pub. L. 97–35, title XXIII, § 2333(c)95 Stat. 863 Pub. L. 97–248, title I96 Stat. 401 Pub. L. 98–37898 Stat. 1311 Pub. L. 100–485, title I102 Stat. 2350 Pub. L. 104–193, title III110 Stat. 2236 Pub. L. 105–33, title V111 Stat. 631 Pub. L. 105–200, title I112 Stat. 646 Pub. L. 105–306, § 4(a)(1)112 Stat. 2926 Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 807(a)]113 Stat. 1535 Pub. L. 106–169, title IV, § 401(i)113 Stat. 1858 Pub. L. 109–171, title VII120 Stat. 147 (, title IV, § 455, as added , , ; amended , §§ 201(c), 205, , , 435; , , ; , , ; , , ; , §§ 404(a), 405(a), 407(a), (b), , , 467; , §§ 9(c), 11(c), , , 3574; , , ; , §§ 171(b)(2), 174(a), (b), , , 403; , §§ 4(a), 6(b), 8, , , 1314, 1315; , §§ 112(a), 123(c), , , 2352; , §§ 344(b)(1), (c), 375(b), 395(d)(1)(E), , , 2237, 2256, 2259; , §§ 5546(b), (c), 5555(a), , , 632, 636; , §§ 101(a), 102(b), title II, § 201(f)(2)(B), , , 648, 658; , , ; , , , 1501A–286; , , ; , §§ 7308(a), 7309(a), , .)
Editorial Notes
References in Text
Pub. L. 100–485102 Stat. 2343 section 1305 of this titleThe Family Support Act of 1988, referred to in subsec. (a)(3)(B)(iii), is , , . For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under and Tables.
Section 658(b) of this titlesection 5(a) of Pub. L. 98–378section 658(b) of this titlePub. L. 105–200, title II, § 201(f)(1)112 Stat. 657 section 458A of the act of Aug. 14, 1935 section 658a of this title (as amended by section 5(a) of the Child Support Enforcement Amendments of 1984), referred to in subsec. (e)(4), was in the original a reference to “section 458(b)”, meaning section 458(b) of act of , as amended by , which was classified to . , (2)(A), , , 658, repealed section 458 and renumbered , as section 458, which is classified to .
Amendments
Pub. L. 109–171, § 7309(a)section 658a of this title2006—Subsec. (a)(1). , inserted “from amounts paid to the State under or” before “to carry out an agreement” in concluding provisions.
Pub. L. 109–171, § 7308(a)Subsec. (a)(1)(C). , substituted “66 percent” for “90 percent (rather than the percentage specified in subparagraph (A))”.
Pub. L. 106–169Pub. L. 104–193, § 344(b)(1)(A)1999—Subsec. (a)(1)(B). amended . See 1996 Amendment note below.
Pub. L. 106–113Subsec. (a)(5). added par. (5).
Pub. L. 105–200, § 102(b)1998—Subsec. (a)(1)(D). , added subpar. (D).
Pub. L. 105–200, § 101(a)Subsec. (a)(4). , added par. (4).
Pub. L. 105–306Subsec. (a)(4)(C)(iii). added cl. (iii).
Pub. L. 105–200, § 201(f)(2)(B)section 658a(b)(5)(B) of this title, made technical amendments to references in original act which appear in text as references to section 658a(b)(4), section 658a(b)(6), and .
Pub. L. 105–33, § 5555(a)(1)1997—Subsec. (a)(3)(B)(i). , inserted “or system described in clause (iii)” after “each State” and “or system” after “the State”.
Pub. L. 105–33, § 5555(a)(2)Subsec. (a)(3)(B)(iii). , added cl. (iii).
Pub. L. 105–33, § 5546(b)Subsec. (b). , redesignated subsec. (b), relating to direct Federal funding to Indian tribes and tribal organizations, as (f).
Pub. L. 105–33, § 5546(c)section 654(34) of this titleSubsec. (f). , amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “The Secretary may, in appropriate cases, make direct payments under this part to an Indian tribe or tribal organization which has an approved child support enforcement plan under this subchapter. In determining whether such payments are appropriate, the Secretary shall, at a minimum, consider whether services are being provided to eligible Indian recipients by the State agency through an agreement entered into pursuant to .”
Pub. L. 105–33, § 5546(b), redesignated subsec. (b), relating to direct Federal funding to Indian tribes and tribal organizations, as (f).
Pub. L. 104–193, § 344(c)Pub. L. 100–485, § 123(c)1996—Subsec. (a)(1). , which directed repeal of , was executed by restoring the provisions of this section amended by § 123(c) to read as if § 123(c) had not been enacted, to reflect the probable intent of Congress. See 1988 Amendment note below.
Pub. L. 104–193, § 344(b)(1)(A)Pub. L. 106–169section 654(16) of this titleSubsec. (a)(1)(B). , as amended by , added subpar. (B) and struck out former subpar. (B) which read as follows: “equal to 90 percent (rather than the percent specified in subparagraph (A)) of so much of the sums expended during such quarter as are attributable to the planning, design, development, installation or enhancement of an automatic data processing and information retrieval system (including in such sums the full cost of the hardware components of such system) which the Secretary finds meets the requirements specified in , or meets such requirements without regard to clause (D) thereof, and”.
Pub. L. 104–193, § 344(b)(1)(B)Subsec. (a)(3). , added par. (3).
Pub. L. 104–193, § 375(b)Subsec. (b). , added subsec. (b) relating to direct Federal funding to Indian tribes and tribal organizations.
Pub. L. 104–193, § 395(d)(1)(E)Subsec. (e)(1). , substituted “noncustodial parents” for “absent parents”.
Pub. L. 100–485, § 123(c)section 654 of this titlePub. L. 104–193, § 344(c)1988—Subsec. (a)(1). , which directed striking subpars. (A) and (B), redesignating subpar. (C) as (A), striking “(rather than the percentage specified in subparagraph (A))” and inserting “and” after the semicolon in subpar. (A), and adding new subpar. (B) which read “equal to the percent specified in paragraph (2) of the total amounts expended by such State during such quarter for the operation of the plan approved under ;”, was repealed by .
Pub. L. 100–485, § 112(a)Subsec. (a)(1)(C). , added subpar. (C).
Pub. L. 98–378, § 4(a)(1)section 654 of this titlesection 654 of this title1984—Subsec. (a)(1). –(5), designated existing provisions as par. (1) and in par. (1) as so designated, struck out “, beginning with the quarter commencing ,” after “for each quarter”, substituted subpar. (A) for former par. (1) which provided for an amount equal to 70 percent of the total amounts expended by the State during the quarter for the operation of the plan approved under , struck out former par. (2) which provided for an amount equal to 50 percent of the total amounts expended by the State during the quarter for the operation of a plan which met the conditions of except as was provided by a waiver by the Secretary which was granted pursuant to specific authority set forth in the law, redesignated former par. (3) as subpar. (B) of par. (1), and in subpar. (B) as so redesignated, substituted “subparagraph (A)” for “clause (1) or (2)”, and inserted “(including in such sums the full cost of the hardware components of such system)” and “, or meets such requirements without regard to clause (D) thereof”.
Pub. L. 98–378, § 4(a)(6)Subsec. (a)(2). , added par. (2). Former par. (2) was struck out.
Pub. L. 98–378, § 4(a)(3)Subsec. (a)(3). , redesignated par. (3) of subsec. (a) as subpar. (B) of subsec. (a)(1).
Pub. L. 98–378, § 8Subsec. (e). , added subsec. (e).
Pub. L. 97–248, § 174(a)1982—Subsec. (a)(1). , substituted “70 percent” for “75 percent”.
Pub. L. 97–248, § 174(b)section 654 of this titleSubsec. (c). , struck out subsec. (c) which had provided that expenditures of courts of a State or its political subdivisions in connection with performance of services related to the operation of a plan approved under , would be included in determining the amounts expended by a State during any quarter for the operation of such plan, that the aggregate amount of such expenditures would be reduced by the total amount of those expenditures made by a State for the 12-month period beginning on , and that a State agency could, under State law, pay the courts of the State from amounts received under subsec. (a) of this section.
Pub. L. 97–35Pub. L. 97–248, § 171(b)(2)1981—Subsec. (a). , as amended by , inserted provision that in determining the total amounts expended by any State during a quarter, for purposes of this subsection, there be excluded an amount equal to the total of any fees collected or other income resulting from services provided under the plan approved under this part.
Pub. L. 96–611, § 9(c)section 663 of this title1980—Subsec. (a). , inserted provision following par. (3) that no amount shall be paid to any State on account of amounts expended to carry out an agreement which it has entered into pursuant to .
Pub. L. 96–611, § 11(c)section 9(c) of Pub. L. 96–611, which was intended to make a technical correction in par. (3) by substituting a period for the semicolon at the end thereof, was not executed in view of the amendment by inserting provision following par. (3).
Pub. L. 96–265, § 405(a), added par. (3).
Pub. L. 96–178section 654(6) of this title struck out provisions following par. (2) prohibiting payment to any State on account of furnishing child support collection or paternity determination services (other than the parent locator services) to individuals under during any period beginning after .
Pub. L. 96–265, § 407(a)Subsec. (b)(2). , substituted “Subject to subsection (d), the Secretary” for “The Secretary”.
Pub. L. 96–265Subsecs. (c), (d). , §§ 404(a), 407(b), added subsecs. (c) and (d).
Pub. L. 95–591977—Subsec. (a). substituted “” for “” in provisions following par. (2).
Pub. L. 94–3651976—Subsec. (a). substituted “” for “”.
Pub. L. 94–88section 654 of this title1975—Subsec. (a). , §§ 201(c), 205, designated existing provisions as subsec. (a), and inserted provisions authorizing Secretary to pay to each State for each quarter beginning with the quarter commencing , an amount equal to 50 per cent of the total amounts expended by such State during such quarter for the operation of a plan which meets the conditions of except as is provided by a waiver by the Secretary which is granted pursuant to specific authority set forth in the law.
Pub. L. 94–88, § 205Subsec. (b). , added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Pub. L. 109–171, title VII, § 7308(b)120 Stat. 147
Pub. L. 109–171, title VII, § 7309(b)120 Stat. 147
Effective Date of 1999 Amendments
Pub. L. 106–169Pub. L. 104–193section 401(q) of Pub. L. 106–169section 602 of this titleAmendment by effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .
Pub. L. 106–113Pub. L. 106–113section 609 of this titleAmendment by effective , see section 1000(a)(4) [title VIII, § 807(c)] of , set out as a note under .
Effective Date of 1998 Amendments
Pub. L. 105–306, § 4(a)(2)112 Stat. 2927
Pub. L. 105–200, title II, § 201(f)(3)112 Stat. 658
Effective Date of 1997 Amendment
Pub. L. 105–33Pub. L. 104–193section 5557 of Pub. L. 105–33section 608 of this titleAmendment by effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–193Pub. L. 104–193section 654 of this titleFor effective date of amendment by , see section 395(a)–(c) of , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–485, title I, § 112(b)102 Stat. 2350
Pub. L. 100–485, title I, § 123(c)102 Stat. 2352 Pub. L. 104–193, title III, § 344(c)110 Stat. 2237 , , , which provided that the amendment made by that section was effective , was repealed by , , .
Effective Date of 1984 Amendment
section 4(a) of Pub. L. 98–378section 4(c) of Pub. L. 98–378section 652 of this titleAmendment by applicable to fiscal years after fiscal year 1983, see , set out as a note under .
section 6(b) of Pub. L. 98–378section 6(c) of Pub. L. 98–378section 654 of this titleAmendment by applicable with respect to quarters beginning on or after , see , set out as a note under .
Effective Date of 1982 Amendment
section 171(b)(2) of Pub. L. 97–248section 171(c) of Pub. L. 97–248section 503 of this titleAmendment by effective on and after , see , set out as a note under .
Pub. L. 97–248, title I, § 174(d)96 Stat. 403
Effective Date of 1981 Amendment
Pub. L. 97–35section 2336 of Pub. L. 97–35section 651 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–265, title IV, § 404(b)94 Stat. 463
section 405(a) of Pub. L. 96–265section 405(e) of Pub. L. 96–265section 652 of this titleAmendment by effective , and to be effective only with respect to expenditures, referred to in subsec. (a)(3) of this section, made on or after such date, see , set out as a note under .
Pub. L. 96–265, title IV, § 407(d)94 Stat. 468
Pub. L. 96–178, § 2(b)93 Stat. 1295 Pub. L. 96–272, title III, § 301(a)94 Stat. 527
Effective Date of 1975 Amendment
Pub. L. 94–88section 210 of Pub. L. 94–88section 654 of this titleAmendment by effective , unless otherwise provided, see , set out as a note under .
Temporary Resumption of Prior Child Support Law
Pub. L. 111–5, div. B, title II, § 2104123 Stat. 449
Temporary Limitation on Payments Under Special Federal Matching Rate
Pub. L. 104–193, title III, § 344(b)(2)110 Stat. 2236 Pub. L. 105–33, title V, § 5555(b)111 Stat. 637
In general .—
Allocation of limitation among states .—
Allocation formula .—
Payments to States for Certain Expenses Incurred During July 1975
Pub. L. 94–88, title II, § 20689 Stat. 435 section 101 of Pub. L. 93–647, , , provided that amounts expended in good faith by any State during July 1975 in certain ways in preparation for or implementation of the child support program under this part were to be considered for purposes of this section, to the extent that payment for the expenses incurred would have been made under the terms of this section, had the amendment by been effective on , to have been expended by the State for the operation of the State plan or for the conduct of activities specified in this section.