Page:United States Statutes at Large Volume 102 Part 3.djvu/394

 102 STAT. 2346

PUBLIC LAW 100-485—OCT. 13, 1988

42 USC 666 note.

(d) EFFECTIVE DATE.—(1) The amendment made by subsection (a) shall become effective on the first day of the 25th month beginning after the date of the enactment of this Act. (2) The amendments made by subsection (b) shall become effective on January 1, 1994. (3) Subsection (c) shall become effective on the date of the enactment of this Act. SEC. 102. DISREGARD APPLICABLE TO TIMELY CHILD SUPPORT PAYMENTS. 42 USC 602. (a) IN GENERAL.—Section 402(a)(8)(A)(vi) of the Social Security Act is amended by striking "of any child support payments received in such month" and inserting in lieu thereof "of any child support payments for such month received in that month, and the first $50 of child support payments for each prior month received in that month if such payments were made by the absent parent in the month when due,". 42 USC 657. 0)) CONFORMING AMENDMENT.—Section 45703X1) of such Act is amended by striking "the first $50 of such amounts as are collected periodically which represent monthly support payments" and inserting in lieu thereof "of such amounts as are collected periodically which represent monthly support payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that month which were made by the absent parent in the month when due,". 42 USC 602 note. (c) EFFECTIVE DATE.—The amendments made by this section shall become effective on the first day of the first calendar quarter which begins after the date of the enactment of this Act. SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS. (a) GUIDEUNES TO CREATE REBUTTABLE PRESUMPTION.—Section

42 USC 667.

Courts, U.S.

Records.

467(b) of the Social Security Act is amended— (1) by inserting "(1)" after "(b)"; (2) by striking ", but need not be binding upon such judges or other officials"; and (3) by adding at the end the following new paragraph: "(2) There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.". (b) GUIDELINES TO B E REVIEWED EVERY 4 YEARS.—Section 467(a) of such Act is amended by inserting ", and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts" Eifter "action". (c)

42 USC 666. Effective date.

STATE

LAW

REQUIREMENTS

FOR

REVIEW

OF

INDIVIDUAL

AWARDS.—Section 466(a) of such Act is amended by inserting after paragraph (9) the following new paragraph: "(lOXA) Procedures to ensure that, beginning 2 years after the date of the enactment of this paragraph, if the State determines (pursuant to a plan indicating how and when child support orders in effect in the State are to be periodically reviewed and adjusted) that a child support order being enforced under this

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