Page:United States Statutes at Large Volume 120.djvu/174

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 143

‘‘(II) the excepted portion is disregarded in determining the amount and type of assistance provided to the family under such program. ‘‘(ii) EXCEPTED PORTION DEFINED.—For purposes of this subparagraph, the term ‘‘excepted portion’’ means that portion of the amount collected on behalf of a family during a month that does not exceed $100 per month, or in the case of a family that includes 2 or more children, that does not exceed an amount established by the State that is not more than $200 per month.’’. (ii) EFFECTIVE DATE.—The amendment made by clause (i) shall take effect on October 1, 2008. (iii) REDESIGNATION.—Effective October 1, 2009, paragraph (7) of section 457(a) of the Social Security Act (as added by clause (i)) is redesignated as paragraph (6). (C) STATE PLAN TO INCLUDE ELECTION AS TO WHICH RULES TO APPLY IN DISTRIBUTING CHILD SUPPORT ARREAR-

42 USC 657 note.

AGES COLLECTED ON BEHALF OF FAMILIES FORMERLY RECEIVING ASSISTANCE.—Section 454 (42 U.S.C. 654) is

amended— (i) by striking ‘‘and’’ at the end of paragraph (32); (ii) by striking the period at the end of paragraph (33) and inserting ‘‘; and’’; and (iii) by inserting after paragraph (33) the following: ‘‘(34) include an election by the State to apply section 457(a)(2)(B) of this Act or former section 457(a)(2)(B) of this Act (as in effect for the State immediately before the date this paragraph first applies to the State) to the distribution of the amounts which are the subject of such sections and, for so long as the State elects to so apply such former section, the amendments made by subsection (b)(1) of section 7301 of the Deficit Reduction Act of 2005 shall not apply with respect to the State, notwithstanding subsection (e) of such section 7301.’’. (2) CURRENT SUPPORT AMOUNT DEFINED.—Section 457(c) (42 U.S.C. 657(c)) is amended by adding at the end the following: ‘‘(5) CURRENT SUPPORT AMOUNT.—The term ‘current support amount’ means, with respect to amounts collected as support on behalf of a family, the amount designated as the monthly support obligation of the noncustodial parent in the order requiring the support or calculated by the State based on the order.’’. (c) STATE OPTION TO DISCONTINUE OLDER SUPPORT ASSIGNMENTS.—Section 457(b) (42 U.S.C. 657(b)) is amended to read as follows: ‘‘(b) CONTINUATION OF ASSIGNMENTS.— ‘‘(1) STATE OPTION TO DISCONTINUE PRE-1997 SUPPORT ASSIGNMENTS.— ‘‘(A) IN GENERAL.—Any rights to support obligations assigned to a State as a condition of receiving assistance from the State under part A and in effect on September 30, 1997 (or such earlier date on or after August 22, 1996, as the State may choose), may remain assigned after such date.

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