Page:United States Statutes at Large Volume 98 Part 2.djvu/147

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1307

imposed by the State to cover the costs of collection, to the child or parent to whom such support is owed; and "(C) notice of the absent parent's social security account number (or numbers, if he has more than one such number) and home address shall be furnished to the State agency requesting the refund offset, and to the State agency enforcing the order. "(4) Procedures under which liens are imposed against real and personal property for amounts of overdue support owed by ,. an absent parent who resides or owns property in the State. "(5) Procedures which permit the establishment of the paternity of any child at any time prior to such child's eighteenth birthday. "(6) Procedures which require that an absent parent give ,_..-,.. security, post a bond, or give some other guarantee to secure payment of overdue support, after notice has been sent to such absent parent of the proposed action and of the procedures to be followed to contest it (and after full compliance with all procedural due process requirements of the State). "(7) Procedures by which information regarding the amount of overdue support owed by an absent parent residing in the State will be made available to any consumer reporting agency (as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))) upon the request of such agency; except that (A) if the amount of the overdue support involved in any case is less than $1,000, information regarding such amount shall be made available only at the option of the State, (B) any information with respect to an absent parent shall be made available under such procedures only after notice has been sent to such absent parent of the proposed action, and such absent parent has been given a reasonable opportunity to contest the accuracy of such information (and after full compliance with all procedural due process requirements of the State), and (C) a fee for furnishing such information, in an amount not exceeding the actual cost thereof, may be imposed on the requesting agency by the State. "(8) Procedures under which all child support orders which are issued or modified in the State will include provision for withholding from wages, in order to assure that withholding as a means of collecting child support is available if arrearages occur without the necessity of filing application for services under this part. Notwithstanding section 454(20)(B), the procedures which are re- Ante, p. 1306. quired under paragraphs (3), (4), (6), and (7) need not be used or applied in cases where the State determines (using guidelines which are generally available within the State and which take into account the payment record of the absent parent, the availability of other remedies, and other relevant considerations) that such use or application would not carry out the purposes of this part or would be otherwise inappropriate in the circumstances. "(b) The procedures referred to in subsection (a)(1) (relating to the Withholding of withholding from income of amounts payable as support) must income. provide for the following: "(1) In the case of each absent parent against whom a support order is or has been issued or modified in the State, and is being enforced under the State plan, so much of such parent's wages (as defined by the State for purposes of this section) must be withheld, in accordance with the succeeding provisions of this