Page:United States Statutes at Large Volume 88 Part 2.djvu/1040

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[88 STAT. 2356]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2356]

2356 Ante,

PUBLIC LAW 93-647-JAN. 4, 1975 p. 2354.

[88

STAT.

paid to any State on account of furnishing collection services (other than parent locator services) to individuals under section 454(6) during any period beginning after June 30, 1976. "SUPPORT OBLIGATIONS

42 USC 656. Post,

p. 2359.

11 USC 1 note.

"SEC. 456. (a) The support rights assigned to the State under section 402(a) (26) shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes. "(1) The amount of such obligation shall be— " (A) the amount specified in a court order which covers the assigned support rights, or " (B) if there is no court order, an amount determined by the State in accordance with a formula approved by the Secretary, and "(2) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation under paragraphs (1)(A) and (B). "(b) A debt which is a child support obligation assigned to a State under section 402(a) (26) is not released by a discharge in bankruptcy under the Bankruptcy Act. "DISIT?IBUTION or PROCEEDS

42 USC 657.

"SEC. 457. (a) The amounts collected as child support by a State pursuant to a plan approved under this part during the 16 months beginning July 1, 1975, shall be distributed as follows: " (1) 40 per centum of the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without any decrease in the amount paid as assistance to such family during such month; "(2) such amounts as are collected periodically which are in excess of any amount paid to the family under paragraph (1) which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); "(3) such amounts as are in excess of amounts retained by the State under paragraph (2) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and "(4) such amounts as are in excess of amounts required to be distributed under paragraphs (1), (2), and (3) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. "(b) The amounts collected as child support by a State pursuant to a plan approved under this part during any fiscal year beginning after September 30, 1976, shall be distributed as follows: "(1) such amounts as are collected periodically which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period