California 2019-2020 Regular Session

California Senate Bill SB337 Compare Versions

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1-Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 10, 2019 Amended IN Assembly September 06, 2019 Amended IN Assembly September 03, 2019 Amended IN Assembly June 27, 2019 Amended IN Senate May 17, 2019 Amended IN Senate April 25, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 337Introduced by Senator Skinner(Coauthor: Senator Stone)February 19, 2019 An act to amend Section 17500 of, and to amend, repeal, and add Section 17504 of, the Family Code, relating to child support. LEGISLATIVE COUNSEL'S DIGESTSB 337, Skinner. Child support.Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.This bill would, commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children. SEC. 2. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.SEC. 2.5. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned. SEC. 3. Section 17504 of the Family Code is amended to read:17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.SEC. 4. Section 17504 is added to the Family Code, to read:17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
1+Amended IN Assembly September 06, 2019 Amended IN Assembly September 03, 2019 Amended IN Assembly June 27, 2019 Amended IN Senate May 17, 2019 Amended IN Senate April 25, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 337Introduced by Senator Skinner(Coauthor: Senator Stone)February 19, 2019 An act to amend Section 17500 of, and to amend, repeal, and add Section 17504 of, the Family Code, relating to child support. LEGISLATIVE COUNSEL'S DIGESTSB 337, as amended, Skinner. Child support.Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.This bill would, beginning commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children. SEC. 2. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(C)(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(D)(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.SEC. 2.5. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned. SEC. 3. Section 17504 of the Family Code is amended to read:17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.SEC. 4. Section 17504 is added to the Family Code, to read:17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
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3- Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 10, 2019 Amended IN Assembly September 06, 2019 Amended IN Assembly September 03, 2019 Amended IN Assembly June 27, 2019 Amended IN Senate May 17, 2019 Amended IN Senate April 25, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 337Introduced by Senator Skinner(Coauthor: Senator Stone)February 19, 2019 An act to amend Section 17500 of, and to amend, repeal, and add Section 17504 of, the Family Code, relating to child support. LEGISLATIVE COUNSEL'S DIGESTSB 337, Skinner. Child support.Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.This bill would, commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly September 06, 2019 Amended IN Assembly September 03, 2019 Amended IN Assembly June 27, 2019 Amended IN Senate May 17, 2019 Amended IN Senate April 25, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 337Introduced by Senator Skinner(Coauthor: Senator Stone)February 19, 2019 An act to amend Section 17500 of, and to amend, repeal, and add Section 17504 of, the Family Code, relating to child support. LEGISLATIVE COUNSEL'S DIGESTSB 337, as amended, Skinner. Child support.Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.This bill would, beginning commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Enrolled September 13, 2019 Passed IN Senate September 11, 2019 Passed IN Assembly September 10, 2019 Amended IN Assembly September 06, 2019 Amended IN Assembly September 03, 2019 Amended IN Assembly June 27, 2019 Amended IN Senate May 17, 2019 Amended IN Senate April 25, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 25, 2019
5+ Amended IN Assembly September 06, 2019 Amended IN Assembly September 03, 2019 Amended IN Assembly June 27, 2019 Amended IN Senate May 17, 2019 Amended IN Senate April 25, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 25, 2019
66
7-Enrolled September 13, 2019
8-Passed IN Senate September 11, 2019
9-Passed IN Assembly September 10, 2019
107 Amended IN Assembly September 06, 2019
118 Amended IN Assembly September 03, 2019
129 Amended IN Assembly June 27, 2019
1310 Amended IN Senate May 17, 2019
1411 Amended IN Senate April 25, 2019
1512 Amended IN Senate April 11, 2019
1613 Amended IN Senate March 25, 2019
1714
1815 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1916
2017 Senate Bill
2118
2219 No. 337
2320
2421 Introduced by Senator Skinner(Coauthor: Senator Stone)February 19, 2019
2522
2623 Introduced by Senator Skinner(Coauthor: Senator Stone)
2724 February 19, 2019
2825
2926 An act to amend Section 17500 of, and to amend, repeal, and add Section 17504 of, the Family Code, relating to child support.
3027
3128 LEGISLATIVE COUNSEL'S DIGEST
3229
3330 ## LEGISLATIVE COUNSEL'S DIGEST
3431
35-SB 337, Skinner. Child support.
32+SB 337, as amended, Skinner. Child support.
3633
37-Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.This bill would, commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.
34+Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.This bill would, beginning commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.
3835
3936 Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.
4037
4138 Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.
4239
43-This bill would, commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.
40+This bill would, beginning commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.
4441
4542 Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.
4643
4744 This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of child support delinquency an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.
4845
4946 Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
5047
5148 This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.
5249
5350 This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.
5451
5552 ## Digest Key
5653
5754 ## Bill Text
5855
59-The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children. SEC. 2. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.SEC. 2.5. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned. SEC. 3. Section 17504 of the Family Code is amended to read:17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.SEC. 4. Section 17504 is added to the Family Code, to read:17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
56+The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children. SEC. 2. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(C)(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(D)(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.SEC. 2.5. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned. SEC. 3. Section 17504 of the Family Code is amended to read:17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.SEC. 4. Section 17504 is added to the Family Code, to read:17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
6057
6158 The people of the State of California do enact as follows:
6259
6360 ## The people of the State of California do enact as follows:
6461
6562 SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children.
6663
6764 SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children.
6865
6966 SECTION 1. It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children.
7067
7168 ### SECTION 1.
7269
73-SEC. 2. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
70+SEC. 2. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(C)(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(D)(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
7471
7572 SEC. 2. Section 17500 of the Family Code is amended to read:
7673
7774 ### SEC. 2.
7875
79-17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
76+17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(C)(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(D)(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
8077
81-17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
78+17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(C)(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(D)(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
8279
83-17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
80+17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(C)(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(D)(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
8481
8582
8683
8784 17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
8885
8986 (b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
9087
9188 (c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.
9289
9390 (2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
9491
9592 (B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.
9693
9794 (C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:
9895
9996 (i) Income and assets available to pay the arrearage or otherwise past due amount.
10097
10198 (ii) Source of income.
10299
103100 (iii) Age of the arrearage or otherwise past due amount.
104101
105102 (iv) The number of support orders.
106103
107104 (v) Employment history.
108105
109106 (vi) Payment history.
110107
111108 (vii) Incarceration history.
112109
113110 (viii) Whether the order was based on imputed income.
114111
115112 (ix) Other readily ascertainable debts.
116113
114+(C)
115+
116+
117+
117118 (D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:
118119
119120 (i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
120121
121122 (ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.
122123
123124 (iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.
124125
125126 (iv) Veterans Administration Disability Compensation benefits.
126127
128+(D)
129+
130+
131+
127132 (E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.
128133
129134 (d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
130135
131-SEC. 2.5. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
136+SEC. 2.5. Section 17500 of the Family Code is amended to read:17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
132137
133138 SEC. 2.5. Section 17500 of the Family Code is amended to read:
134139
135140 ### SEC. 2.5.
136141
137-17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
142+17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
138143
139-17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
144+17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
140145
141-17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
146+17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).(B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.(C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:(i) Income and assets available to pay the arrearage or otherwise past due amount.(ii) Source of income.(iii) Age of the arrearage or otherwise past due amount.(iv) The number of support orders.(v) Employment history.(vi) Payment history.(vii) Incarceration history.(viii) Whether the order was based on imputed income.(ix) Other readily ascertainable debts.(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.(iv) Veterans Administration Disability Compensation benefits.(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
142147
143148
144149
145150 17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
146151
147152 (b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
148153
149-(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.
154+(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
150155
151156 (2) (A) For purposes of this subdivision, child support delinquency means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
152157
153158 (B) Commencing January 1, 2022, and to the extent permitted under federal law, a child support delinquency does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.
154159
155160 (C) In determining the meaning of uncollectible for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:
156161
157162 (i) Income and assets available to pay the arrearage or otherwise past due amount.
158163
159164 (ii) Source of income.
160165
161166 (iii) Age of the arrearage or otherwise past due amount.
162167
163168 (iv) The number of support orders.
164169
165170 (v) Employment history.
166171
167172 (vi) Payment history.
168173
169174 (vii) Incarceration history.
170175
171176 (viii) Whether the order was based on imputed income.
172177
173178 (ix) Other readily ascertainable debts.
174179
175180 (D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as uncollectible if the noncustodial parents sole income is from any of the following:
176181
177182 (i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
178183
179184 (ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.
180185
181186 (iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.
182187
183188 (iv) Veterans Administration Disability Compensation benefits.
184189
185190 (E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.
186191
187192 (d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
188193
189194 (e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.
190195
191196 SEC. 3. Section 17504 of the Family Code is amended to read:17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.
192197
193198 SEC. 3. Section 17504 of the Family Code is amended to read:
194199
195200 ### SEC. 3.
196201
197202 17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.
198203
199204 17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.
200205
201206 17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.
202207
203208
204209
205210 17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.
206211
207212 (b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.
208213
209214 SEC. 4. Section 17504 is added to the Family Code, to read:17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
210215
211216 SEC. 4. Section 17504 is added to the Family Code, to read:
212217
213218 ### SEC. 4.
214219
215220 17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
216221
217222 17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
218223
219224 17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
220225
221226
222227
223228 17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.
224229
225230 (b) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.
226231
227232 (c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.
228233
229234 SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
230235
231236 SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
232237
233238 SEC. 5. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.
234239
235240 ### SEC. 5.
236241
237242 SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
238243
239244 SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
240245
241246 SEC. 6. Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.
242247
243248 ### SEC. 6.