Page:United States Statutes at Large Volume 91.djvu/194

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 160

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42 USC 428.

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PUBLIC LAW 95-30—MAY 23, 1977 commission, bureau, or other administrative subdivision or creature thereof, and the governments of the territories and possessions of the United States. ".(b) The term 'child support', when used in reference to the legal obligations of an individual to provide such support, means periodic payments of funds for the support and maintenance of a child or children with respect to which such individual has such an obligation, and (subject to and in accordance with State law) includes but is not limited to, payments to provide for health care, education, recreation, clothing, or to meet other specific needs of such a child or children; such term also includes attorney's fees, interest, and court costs, when and to the extent that the same are expressly made recoverable as such pursuant to a decree, order, or judgment issued in accordance with applicable State law by a court of competent jurisdiction. " (c) The term 'alimony', when used in reference to the legal obligations of an individual to provide the same, means periodic payments of funds for the support and maintenance of the spouse (or former spouse) of such individual, and (subject to and in accordance with State law) includes but is not limited to, separate maintenance, alimony pendente lite, maintenance, and spousal s u p p o r t; such term also includes attorney's fees, interest, and court costs when and to the extent that the same are expressly made recoverable as such pursuant to a decree, order, or judgment issued in accordance with applicable State law by a court of competent jurisdiction. Such term does not include any payment or transfer of property or its value by an individual to his spouse or former spouse in compliance with any community property settlement, equitable distribution of property, or other division of property between spouses or former spouses. " (d) The term 'private person' means a person who does not have sovereign or other special immunity or privilege which causes such person not to be subject to legal process. " (e) The term 'legal process' means any writ, order, summons, or other similar process in the n a t u r e of garnishment, which— " (1) is issued by (A) a court of competent jurisdiction within • any State, territory, or possession of the United States, (B) a court of competent jurisdiction in any foreign country with which the United States has entered into an agreement which requires the United States to honor such process, or (C) an authorized official pursuant to an order of such a court of competent jurisdiction or pursuant to State or local law, and " (2) is directed to, and the purpose of which is to compel, a governmental entity, which holds moneys which are otherwise payable to an individual, to make a payment from such moneys to another party in order to satisfy a legal obligation of such individual to provide child support or make alimony payments. " (f) Entitlement of an individual to any money shall be deemed to be 'based upon remuneration for- employment', if such money consists of— " (1) compensation paid or payable for personal services of such individual, whether such compensr.tion is denominated as wages, salary, commission, bonus, pay, or otherwise, and includes but is not limited to, severance pav, sick pay. r n d incentive pay, but does not include awards for making suggestions, or " (2) periodic benefits (including a periodic benefit as defined in section 228(h)(3) of this Act) or other payments to such individual under the insurance system established by title II of this