Page:United States Statutes at Large Volume 102 Part 3.djvu/393

 PUBLIC LAW 100-485—OCT. 13, 1988

102 STAT. 2345

that there is good cause not to require immediate income withholding, or (ii) a written agreement is reached between both parties which provides for an alternative arrangement. "(B) The wages of an absent parent shall become subject to such withholding, in the case of wages not subject to withholding under subparagraph (A), on the date on which the payments which the absent parent has failed to make under a support order are at least equal to the support payable for one month or, ' if earlier, and without regard to whether there is an arrearage, the earliest of— "(i) the date as of which the absent parent requests that such withholding begin, "(ii) the date as of which the custodial parent requests that such withholding begin, if the State determines, in accordance with such procedures and standards as it may establish, that the request should be approved, or "(iii) such earlier date as the State may select.". (b) APPLICATION TO ALL CHILD SUPPORT ORDERS.—Section 466(a)(8)

of such Act is amended— 42 USC 666. (1) by inserting "(A)" before "Procedures"; (2) by striking "which are issued or modified in the State" and inserting in lieu thereof "not described in subparagraph (B)"; and (3) by adding at the end the following new subparagraph: "(B) Procedures under which all child support orders which are initially issued in the State on or after January 1, 1994, and are not being enforced under this part will include the following requirements: "(i) The wages of an absent parent shall be subject to withholding, regardless of whether support pa3mients by such parent are in arrears, on the effective date of the order; except that such wages shall not be subject to withholding under this clause in any case where (I) one of the parties demonstrates, and the court (or administrative process) finds, that there is good cause not to require immediate income withholding, or (II) a written agreement is reached between both parties which provides for an alternative arrangement. "(ii) The requirements of subsection (b)(1) (which shall apply in the case of each absent parent against whom a support order is or has been issued or modified in the State, without regard to whether the order is being enforced under the State plan). "(iii) The requirements of paragraphs (2), (5), (6), (7), (8), (9), and (10) of subsection (b), where applicable. "(iv) Withholding from income of amounts payable as support must be carried out in full compliance with all procedural due process requirements of the State.". (c) STUDY ON MAKING IMMEDIATE INCOME WITHHOLDING MANDA- Reports. TORY IN ALL CASES.—The Secretary of Health and Human Services 42 USC 666 note. shall conduct a study of the administrative feasibility, cost implications, and other effects of requiring immediate income withholding with respect to all child support awards in a State and shall report on the results of such study not later than 3 years after the date of the enactment of this Act.

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