Title 42 USC Section 659

42 USC Sec. 659 01/02/01

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES

Part D - Child Support and Establishment of Paternity

Sec. 659. Consent by United States to income withholding,

garnishment, and similar proceedings for enforcement of child

support and alimony obligations

-STATUTE-

\(a\) Consent to support enforcement

Notwithstanding any other provision of law (including section 407

of this title and section 5301 of title 38), effective January 1,

1975, moneys (the entitlement to which is based upon remuneration

for employment) due from, or payable by, the United States or the

District of Columbia (including any agency, subdivision, or

instrumentality thereof) to any individual, including members of

the Armed Forces of the United States, shall be subject, in like

manner and to the same extent as if the United States or the

District of Columbia were a private person, to withholding in

accordance with State law enacted pursuant to subsections (a)(1)

and (b) of section 666 of this title and regulations of the

Secretary under such subsections, and to any other legal process

brought, by a State agency administering a program under a State

plan approved under this part or by an individual obligee, to

enforce the legal obligation of the individual to provide child

support or alimony.

\(b\) Consent to requirements applicable to private person

With respect to notice to withhold income pursuant to subsection

(a)(1) or (b) of section 666 of this title, or any other order or

process to enforce support obligations against an individual (if

the order or process contains or is accompanied by sufficient data

to permit prompt identification of the individual and the moneys

involved), each governmental entity specified in subsection (a) of

this section shall be subject to the same requirements as would

apply if the entity were a private person, except as otherwise

provided in this section.

\(c\) Designation of agent; response to notice or process

\(1\) Designation of agent

The head of each agency subject to this section shall -

\(A\) designate an agent or agents to receive orders and accept

service of process in matters relating to child support or

alimony; and

\(B\) annually publish in the Federal Register the designation

of the agent or agents, identified by title or position,

mailing address, and telephone number.

\(2\) Response to notice or process

If an agent designated pursuant to paragraph (1) of this

subsection receives notice pursuant to State procedures in effect

pursuant to subsection (a)(1) or (b) of section 666 of this

title, or is effectively served with any order, process, or

interrogatory, with respect to an individual\'s child support or

alimony payment obligations, the agent shall -

\(A\) as soon as possible (but not later than 15 days)

thereafter, send written notice of the notice or service

(together with a copy of the notice or service) to the

individual at the duty station or last-known home address of

the individual;

\(B\) within 30 days (or such longer period as may be

prescribed by applicable State law) after receipt of a notice

pursuant to such State procedures, comply with all applicable

provisions of section 666 of this title; and

\(C\) within 30 days (or such longer period as may be

prescribed by applicable State law) after effective service of

any other such order, process, or interrogatory, withhold

available sums in response to the order or process, or answer

the interrogatory.

\(d\) Priority of claims

If a governmental entity specified in subsection (a) of this

section receives notice or is served with process, as provided in

this section, concerning amounts owed by an individual to more than

1 person -

\(1\) support collection under section 666(b) of this title must

be given priority over any other process, as provided in section

666(b)(7) of this title;

\(2\) allocation of moneys due or payable to an individual among

claimants under section 666(b) of this title shall be governed by

section 666(b) of this title and the regulations prescribed under

such section; and

\(3\) such moneys as remain after compliance with paragraphs (1)

and (2) shall be available to satisfy any other such processes on

a first-come, first-served basis, with any such process being

satisfied out of such moneys as remain after the satisfaction of

all such processes which have been previously served.

\(e\) No requirement to vary pay cycles

A governmental entity that is affected by legal process served

for the enforcement of an individual\'s child support or alimony

payment obligations shall not be required to vary its normal pay

and disbursement cycle in order to comply with the legal process.

\(f\) Relief from liability

\(1\) Neither the United States, nor the government of the District

of Columbia, nor any disbursing officer shall be liable with

respect to any payment made from moneys due or payable from the

United States to any individual pursuant to legal process regular

on its face, if the payment is made in accordance with this section

and the regulations issued to carry out this section.

\(2\) No Federal employee whose duties include taking actions

necessary to comply with the requirements of subsection (a) of this

section with regard to any individual shall be subject under any

law to any disciplinary action or civil or criminal liability or

penalty for, or on account of, any disclosure of information made

by the employee in connection with the carrying out of such

actions.

\(g\) Regulations

Authority to promulgate regulations for the implementation of

this section shall, insofar as this section applies to moneys due

from (or payable by) -

\(1\) the United States (other than the legislative or judicial

branches of the Federal Government) or the government of the

District of Columbia, be vested in the President (or the designee

of the President);

\(2\) the legislative branch of the Federal Government, be vested

jointly in the President pro tempore of the Senate and the

Speaker of the House of Representatives (or their designees),

(FOOTNOTE 1) and

(FOOTNOTE 1) So in original. The comma probably should be a

semicolon.

\(3\) the judicial branch of the Federal Government, be vested in

the Chief Justice of the United States (or the designee of the

Chief Justice).

\(h\) Moneys subject to process

\(1\) In general

Subject to paragraph (2), moneys payable to an individual which

are considered to be based upon remuneration for employment, for

purposes of this section -

\(A\) consist of -

\(i\) compensation payable for personal services of the

individual, whether the compensation is denominated as wages,

salary, commission, bonus, pay, allowances, or otherwise

(including severance pay, sick pay, and incentive pay);

\(ii\) periodic benefits (including a periodic benefit as

defined in section 428(h)(3) of this title) or other payments

\-

\(I\) under the insurance system established by subchapter

II of this chapter;

\(II\) under any other system or fund established by the

United States which provides for the payment of pensions,

retirement or retired pay, annuities, dependents\' or

survivors\' benefits, or similar amounts payable on account

of personal services performed by the individual or any

other individual;

\(III\) as compensation for death under any Federal

program;

\(IV\) under any Federal program established to provide

\'\'black lung\'\' benefits; or

\(V\) by the Secretary of Veterans Affairs as compensation

for a service-connected disability paid by the Secretary to

a former member of the Armed Forces who is in receipt of

retired or retainer pay if the former member has waived a

portion of the retired or retainer pay in order to receive

such compensation;

\(iii\) worker\'s compensation benefits paid or payable under

Federal or State law;

\(iv\) benefits paid or payable under the Railroad Retirement

System, (FOOTNOTE 2) and

(FOOTNOTE 2) So in original. The comma probably should be a

semicolon.

\(v\) special benefits for certain World War II veterans

payable under subchapter VIII of this chapter; but

\(B\) do not include any payment -

\(i\) by way of reimbursement or otherwise, to defray

expenses incurred by the individual in carrying out duties

associated with the employment of the individual;

\(ii\) as allowances for members of the uniformed services

payable pursuant to chapter 7 of title 37, as prescribed by

the Secretaries concerned (defined by section 101(5) of title

37\) as necessary for the efficient performance of duty; or

\(iii\) of periodic benefits under title 38, except as

provided in subparagraph (A)(ii)(V).

\(2\) Certain amounts excluded

In determining the amount of any moneys due from, or payable

by, the United States to any individual, there shall be excluded

amounts which -

\(A\) are owed by the individual to the United States;

\(B\) are required by law to be, and are, deducted from the

remuneration or other payment involved, including Federal

employment taxes, and fines and forfeitures ordered by

court-martial;

\(C\) are properly withheld for Federal, State, or local income

tax purposes, if the withholding of the amounts is authorized

or required by law and if amounts withheld are not greater than

would be the case if the individual claimed all dependents to

which he was entitled (the withholding of additional amounts

pursuant to section 3402(i) of the Internal Revenue Code of

1986 may be permitted only when the individual presents

evidence of a tax obligation which supports the additional

withholding);

\(D\) are deducted as health insurance premiums;

\(E\) are deducted as normal retirement contributions (not

including amounts deducted for supplementary coverage); or

\(F\) are deducted as normal life insurance premiums from

salary or other remuneration for employment (not including

amounts deducted for supplementary coverage).

\(i\) Definitions

For purposes of this section -

\(1\) United States

The term "United States" includes any department, agency, or

instrumentality of the legislative, judicial, or executive branch

of the Federal Government, the United States Postal Service, the

Postal Rate Commission, any Federal corporation created by an Act

of Congress that is wholly owned by the Federal Government, and

the governments of the territories and possessions of the United

States.

\(2\) Child support

The term "child support", when used in reference to the legal

obligations of an individual to provide such support, means

amounts required to be paid under a judgment, decree, or order,

whether temporary, final, or subject to modification, issued by a

court or an administrative agency of competent jurisdiction, for

the support and maintenance of a child, including a child who has

attained the age of majority under the law of the issuing State,

or a child and the parent with whom the child is living, which

provides for monetary support, health care, arrearages or

reimbursement, and which may include other related costs and

fees, interest and penalties, income withholding, attorney\'s

fees, and other relief.

\(3\) Alimony

\(A\) In general

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 the individual, and (subject

to and in accordance with State law) includes separate

maintenance, alimony pendente lite, maintenance, and spousal

support, and 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.

\(B\) Exceptions

Such term does not include -

\(i\) any child support; or

\(ii\) any payment or transfer of property or its value by an

individual to the spouse or a former spouse of the individual

in compliance with any community property settlement,

equitable distribution of property, or other division of

property between spouses or former spouses.

\(4\) Private person

The term "private person" means a person who does not have

sovereign or other special immunity or privilege which causes the

person not to be subject to legal process.

\(5\) Legal process

The term "legal process" means any writ, order, summons, or

other similar process in the nature of garnishment -

\(A\) which is issued by -

\(i\) a court or an administrative agency of competent

jurisdiction in any State, territory, or possession of the

United States;

\(ii\) a court or an administrative agency of competent

jurisdiction in any foreign country with which the United

States has entered into an agreement which requires the

United States to honor the process; or

\(iii\) an authorized official pursuant to an order of such a

court or an administrative agency of competent jurisdiction

or pursuant to State or local law; and

\(B\) which 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 the

moneys to another party in order to satisfy a legal obligation

of the individual to provide child support or make alimony

payments.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 459, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2357; amended Pub. L.

95-30, title V, Sec. 501(a), (b), May 23, 1977, 91 Stat. 157; Pub.

L. 98-21, title III, Sec. 335(b)(1), Apr. 20, 1983, 97 Stat. 130;

Pub. L. 104-193, title III, Sec. 362(a), Aug. 22, 1996, 110 Stat.

2242; Pub. L. 105-33, title V, Sec. 5542(a), (b), Aug. 5, 1997, 111

Stat. 631; Pub. L. 106-169, title II, Sec. 251(b)(3), Dec. 14,

1999, 113 Stat. 1855.)