§657 Distribution of collected support

2006—Subsec. (a). Pub. L. 109–171, § 7301(b)(1)(A), which directed general amendment of subsec. (a), was executed by adding pars. (1) to (5) and striking out former pars. (1) to (6), to reflect the probable intent of Congress and the amendment by Pub. L. 109–171, § 7301(b)(1)(B)(iii). See below. Prior to amendment, pars. (1) to (6) related to families receiving assistance, families that formerly received assistance, families that never received assistance, families under certain agreements, the Secretary’s report to Congress, and a State option for applicability, respectively. Subsec. (a)(3). Pub. L. 109–171, § 7310(b), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In the case of any other family, the State shall distribute the amount so collected to the family.” Subsec. (a)(6). Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6). Subsec. (a)(7). Pub. L. 109–171, § 7301(b)(1)(B)(iii), redesignated par. (7) as (6). Pub. L. 109–171, § 7301(b)(1)(B)(i), added par. (7). Subsec. (b). Pub. L. 109–171, § 7301(c), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Any rights to support obligations, assigned to a State as a condition of receiving assistance from the State under part A of this subchapter and in effect on

September 30, 1997 (or such earlier date, on or after

August 22, 1996, as the State may choose), shall remain assigned after such date.” Subsec. (c)(5). Pub. L. 109–171, § 7301(b)(2), added par. (5). 1999—Subsec. (a). Pub. L. 106–169, § 301(c)(1), substituted “subsections (d) and (e)” for “subsections (e) and (f)” in introductory provisions. Subsec. (a)(2)(B)(i)(I). Pub. L. 106–169, § 401(j), made technical amendment to reference in original act which appears in text as reference to

August 22, 1996. Subsec. (a)(5)(C). Pub. L. 106–169, § 401(k), substituted “Opportunity Reconciliation Act” for “Opportunity Act”. Subsecs. (a)(6), (c)(1)(A). Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to

August 22, 1996. Subsec. (d). Pub. L. 106–169, § 301(c)(2), (4), redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: “If— “(1) the State share of amounts collected in the fiscal year which could be retained to reimburse the State for amounts paid to families as assistance by the State is less than the State share of such amounts collected in fiscal year 1995 (determined in accordance with this section as in effect on

August 21, 1996); and “(2)(A) the State has distributed to families that include an adult receiving assistance under the program under part A of this subchapter at least 80 percent of the current support payments collected during the preceding fiscal year on behalf of such families, and the amounts distributed were disregarded in determining the amount or type of assistance provided under the program under part A of this subchapter; or “(B) the State has distributed to families that formerly received assistance under the program under part A of this subchapter the State share of the amounts collected pursuant to section 664 of this title that could have been retained as reimbursement for assistance paid to such families, then the State share otherwise determined for the fiscal year shall be increased by an amount equal to one-half of the amount (if any) by which the State share for fiscal year 1995 exceeds the State share for the fiscal year (determined without regard to this subsection).” Pub. L. 106–169, § 301(a), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “If the amounts collected which could be retained by the State in the fiscal year (to the extent necessary to reimburse the State for amounts paid to families as assistance by the State) are less than the State share of the amounts collected in fiscal year 1995 (determined in accordance with this section as in effect on the day before

August 22, 1996), the State share for the fiscal year shall be an amount equal to the State share in fiscal year 1995.” Pub. L. 106–169, § 401(k), made technical amendment to reference in original act which appears in text as reference to

August 22, 1996. Subsec. (e). Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Pub. L. 106–169, § 301(c)(3), struck out at end “For purposes of subsection (d) of this section, the State share of such amount paid to the family shall be considered amounts which could be retained by the State if such payments were reported by the State as part of the State share of amounts collected in fiscal year 1995.” Subsec. (f). Pub. L. 106–169, § 301(c)(4), redesignated subsec. (f) as (e). 1997—Subsec. (a). Pub. L. 105–33, § 5547(1), substituted “subsections (e) and (f)” for “subsection (e)” in introductory provisions. Subsec. (a)(1). Pub. L. 105–33, § 5532(c), inserted concluding provisions. Subsec. (a)(2)(B)(i)(I), (ii)(I). Pub. L. 105–33, § 5532(f)(1), in introductory provisions, struck out “(other than subsection (b)(1))” after “provisions of this section” and inserted “(other than subsection (b)(1) (as so in effect))” after “1996”. Subsec. (a)(2)(B)(ii)(II). Pub. L. 105–33, § 5532(f)(2), substituted “paragraph (5)” for “paragraph (4)”. Subsec. (a)(4). Pub. L. 105–33, § 5532(d), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “In the case of a family receiving assistance from an Indian tribe, distribute the amount so collected pursuant to an agreement entered into pursuant to a State plan under section 654(33) of this title.” Subsec. (a)(5). Pub. L. 105–33, § 5532(e), substituted “1999” for “1998” in introductory provisions. Subsec. (a)(6). Pub. L. 105–33, § 5532(b)(1), added par. (6). Subsec. (b). Pub. L. 105–33, § 5532(a), substituted “assigned” for “which were assigned” and “and in effect on

September 30, 1997 (or such earlier date, on or after

August 22, 1996, as the State may choose), shall remain assigned after such date.” for “and which were in effect on the day before

August 22, 1996, shall remain assigned after

August 22, 1996.” Subsec. (c)(2). Pub. L. 105–33, § 5532(h)(1), substituted “is distributed” for “is collected”. Subsec. (c)(3)(A). Pub. L. 105–33, § 5532(g), substituted “75 percent” for “the Federal medical assistance percentage (as defined in section 1318 of this title)”. Subsec. (c)(3)(B). Pub. L. 105–33, § 5532(h)(2), substituted “as such section was in effect on

September 30, 1995” for “as in effect on

September 30, 1996”. Subsec. (f). Pub. L. 105–33, § 5547(2), added subsec. (f). 1996—Pub. L. 104–193 substituted “collected support” for “proceeds” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to distribution of amounts collected by States as child support during 15 months beginning

July 1, 1975, and during any fiscal year beginning after Sept. 30, 1976, distribution of support collected for families whose assistance under part A of this subchapter has terminated, and distribution of support collected on behalf of children for whom foster care maintenance payments were being made. 1988—Subsec. (b)(1). Pub. L. 100–485 substituted “of such amounts as are collected periodically which represent monthly support payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that month which were made by the absent parent in the month when due,” for “the first $50 of such amounts as are collected periodically which represent monthly support payments”. 1987—Subsec. (c). Pub. L. 100–203 amended subsec. (c) generally, revising and restating as single unnumbered subsection provisions of former pars. (1) and (2). 1986—Subsec. (b)(3). Pub. L. 99–514, § 1899(a), inserted “or administrative” after “court”. Subsec. (c). Pub. L. 99–514, § 1883(b)(6), substituted “subsection (b)(4)(A) and (B)” for “subsection (b)(3)(A) and (B)”. 1984—Subsec. (b). Pub. L. 98–378, § 11(a)(2), inserted “(subject to subsection (d) of this section)” after “shall” in provisions preceding par. (1). Subsec. (b)(1). Pub. L. 98–369, § 2640(b)(1), added par. (1). Former par. (1) redesignated (2). Subsec. (b)(2). Pub. L. 98–369, § 2640(b)(1), (2)(A), redesignated former par. (1) as (2), and inserted “which are in excess of any amount paid to the family under paragraph (1) and”. Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 98–369, § 2640(b)(1), (2)(B), redesignated former par. (2) as (3), and substituted “paragraph (2)” for “paragraph (1)”. Former par. (3) redesignated (4). Subsec. (b)(4). Pub. L. 98–369, § 2640(b)(1), (2)(C), redesignated former par. (3) as (4), and substituted “paragraphs (1), (2), and (3)” for “paragraphs (1) and (2)”. Subsec. (c). Pub. L. 98–378, § 7(a)(1), substituted “shall” for “may” in provisions preceding par. (1). Subsec. (c)(2). Pub. L. 98–378, § 7(a)(2), substituted “any amount so collected, which represents monthly support payments, to the family (without requiring any formal reapplication and without the imposition of any application fee) on the same basis as in the case of other individuals who are not receiving assistance under part A of this subchapter,” for “the net amount of any amount so collected, which represents monthly support payments, to the family after deducting any costs incurred in making the collection from the amount of any recovery made,”. Subsec. (d). Pub. L. 98–378, § 11(a)(1), added subsec. (d). 1981—Subsec. (b). Pub. L. 97–35, § 2332(e)(1), substituted in provision preceding par. (1) “as support” for “as child support”. Subsec. (c). Pub. L. 97–35, § 2332(e)(2), substituted in provision preceding par. (1) “whom support payments” for “whom child support payments” and in pars. (1) and (2) “amounts of support payments” for “amounts of child support payments” in two places and “amounts of support so” for “amounts of child support so”. 1977—Subsec. (c). Pub. L. 95–171, § 11(a)–(c), in par. (1), substituted “amounts of child support payments which represent monthly support payments” for “such support payments” and inserted “, which represent monthly support payments,” after “amounts so collected”; in par. (2), substituted “amounts of child support payments which represent monthly support payments” for “such support payments” and inserted “, which represents monthly support payments,” after “amount so collected”; changed to a comma the period at end of par. (2); and inserted provision for distribution of child support proceeds.

of 1999 Amendment Pub. L. 106–169, title III, § 301(b), Dec. 14, 1999, 113 Stat. 1857, provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to calendar quarters occurring during the period that begins on

October 1, 1998, and ends on

September 30, 2001.” Pub. L. 106–169, title III, § 301(c), Dec. 14, 1999, 113 Stat. 1857, provided that the amendment made by section 301(c) is effective Oct. 1, 2001. Amendment by section 401(j), (k) of 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.

made by subsection (a) [amending this section] shall become effective

October 1, 1984.” Amendment by section 11(a) of Pub. L. 98–378 effective Oct. 1, 1984, and applicable to collections made on or after that date, see section 11(e) of Pub. L. 98–378, set out as a note under section 654 of this title. Pub. L. 98–369, div. B, title VI, § 2646,

July 18, 1984, 98 Stat. 1147, provided that: “Except as otherwise specifically provided in this subtitle [subtitle B (§§ 2611–2646) of Pub. L. 98–369], the provisions of parts 1 and 2 [sections 2611 to 2642 of Pub. L. 98–369, enacting section 1320b–6 of this title, amending this section and section 602, 609, 614, 615, 1320a–6, 1382 to 1382b, 1382j, and 1383 of this title and section 51 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 602, 609, 614, 1320a–6, 1382a, and 1383 of this title and section 51 of Title 26] and the