Pandemic Darlings The pandemic economy, in original documents
Home Source documents Title 42 — The Public Health and Welfare — § 664. Collection of past-due support from Federal tax refunds

Title 42 — The Public Health and Welfare — § 664. Collection of past-due support from Federal tax refunds

Summary

This page of Title 42 of the U.S. Code prints section 664, Collection of past-due support from Federal tax refunds, between amendment notes and the start of section 665. On notice from a State agency that a named individual owes past-due support assigned to the State, the Secretary of the Treasury determines whether federal tax refunds are payable, withholds an amount equal to the past-due support and pays it to the State agency. The State sends the individual notice that a withholding will be made and explains the steps to contest the State's determination. The Treasury notifies any person who may have filed a joint return how to secure a proper share of the refund, and the State pays any fee imposed to cover the costs of the withholding.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

§ 664                         TITLE 42—THE PUBLIC HEALTH AND WELFARE                                      Page 2334

  Subsec. (c). Pub. L. 100–300, § 11(2), substituted ‘‘under      filed a tax return as a married or unmarried in-
subsection (a), (b), or (e)’’ for ‘‘under this section’’.         dividual). If the Secretary of the Treasury finds
  Subsec. (e). Pub. L. 100–300, § 11(3), added subsec. (e).       that any such amount is payable, he shall with-
                                                                  hold from such refunds an amount equal to such
        Statutory Notes and Related Subsidiaries
                                                                  past-due support, and shall concurrently send
          EFFECTIVE DATE OF 1997 AMENDMENT                        notice to such individual that the withholding
  Amendment by Pub. L. 105–33 effective as if included
                                                                  has been made, including in or with such notice
in the enactment of title III of the Personal Responsi-           a notification to any other person who may have
bility and Work Opportunity Reconciliation Act of 1996,           filed a joint return with such individual of the
Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out      steps which such other person may take in order
as a note under section 608 of this title.                        to secure his or her proper share of the refund.
                                                                  The Secretary of the Treasury shall pay the
          EFFECTIVE DATE OF 1996 AMENDMENT
                                                                  amount withheld to the State agency, and the
  For effective date of amendment by Pub. L. 104–193,             State shall pay to the Secretary of the Treasury
see section 395(a)–(c) of Pub. L. 104–193, set out as a note      any fee imposed by the Secretary of the Treas-
under section 654 of this title.
                                                                  ury to cover the costs of the withholding and
          EFFECTIVE DATE OF 1994 AMENDMENT                        any required notification. The State agency
  Pub. L. 103–432, title II, § 214(c), Oct. 31, 1994, 108 Stat.   shall, subject to paragraph (3)(B), distribute
4461, provided that: ‘‘The amendments made by this                such amount to or on behalf of the child to
section [amending this section] shall take effect on Oc-          whom the support was owed in accordance with
tober 1, 1995.’’                                                  section 657 of this title. This subsection may be
                                                                  executed by the Secretary of the Department of
                      EFFECTIVE DATE
                                                                  the Treasury or his designee.
  Pub. L. 96–611, § 9(d), Dec. 28, 1980, 94 Stat. 3573, pro-         (B) This paragraph shall apply only with re-
vided that: ‘‘No agreement entered into under section             spect to refunds payable under section 6402 of
463 of the Social Security Act [42 U.S.C. 663] shall be-          the Internal Revenue Code of 1986 after Decem-
come effective before the date on which section 1738A
                                                                  ber 31, 1985.
of title 28, United States Code (as added by this title
[probably should be ‘‘as added by section 8(a) of this
                                                                     (3)(A) Prior to notifying the Secretary of the
Act’’]) becomes effective.’’                                      Treasury under paragraph (1) or (2) that an indi-
                                                                  vidual owes past-due support, the State shall
§ 664. Collection of past-due support from Fed-                   send notice to such individual that a with-
    eral tax refunds                                              holding will be made from any refund otherwise
                                                                  payable to such individual. The notice shall also
(a) Procedures applicable; distribution
                                                                  (i) instruct the individual owing the past-due
  (1) Upon receiving notice from a State agency                   support of the steps which may be taken to con-
administering a plan approved under this part                     test the State’s determination that past-due
that a named individual owes past-due support                     support is owed or the amount of the past-due
which has been assigned to such State pursuant                    support, and (ii) provide information, as may be
to section 608(a)(3) or section 671(a)(17) of this                prescribed by the Secretary of Health and
title, the Secretary of the Treasury shall deter-                 Human Services by regulation in consultation
mine whether any amounts, as refunds of Fed-                      with the Secretary of the Treasury, with respect
eral taxes paid, are payable to such individual                   to procedures to be followed, in the case of a
(regardless of whether such individual filed a tax                joint return, to protect the share of the refund
return as a married or unmarried individual). If                  which may be payable to another person.
the Secretary of the Treasury finds that any                         (B) If the Secretary of the Treasury deter-
such amount is payable, he shall withhold from                    mines that an amount should be withheld under
such refunds an amount equal to the past-due                      paragraph (1) or (2), and that the refund from
support, shall concurrently send notice to such                   which it should be withheld is based upon a joint
individual that the withholding has been made                     return, the Secretary of the Treasury shall no-
(including in or with such notice a notification                  tify the State that the withholding is being
to any other person who may have filed a joint                    made from a refund based upon a joint return,
return with such individual of the steps which                    and shall furnish to the State the names and ad-
such other person may take in order to secure                     dresses of each taxpayer filing such joint return.
his or her proper share of the refund), and shall                 In the case of a withholding under paragraph (2),
pay such amount to the State agency (together                     the State may delay distribution of the amount
with notice of the individual’s home address) for                 withheld until the State has been notified by
distribution in accordance with section 657 of                    the Secretary of the Treasury that the other
this title. This subsection may be executed by                    person filing the joint return has received his or
the disbursing official of the Department of the                  her proper share of the refund, but such delay
Treasury.                                                         may not exceed six months.
  (2)(A) Upon receiving notice from a State                          (C) If the other person filing the joint return
agency administering a plan approved under this                   with the named individual owing the past-due
part that a named individual owes past-due sup-                   support takes appropriate action to secure his or
port which such State has agreed to collect                       her proper share of a refund from which a with-
under paragraph (4)(A)(ii) or (32) of section 654 of              holding was made under paragraph (1) or (2), the
this title, and that the State agency has sent                    Secretary of the Treasury shall pay such share
notice to such individual in accordance with                      to such other person. The Secretary of the
paragraph (3)(A), the Secretary of the Treasury                   Treasury shall deduct the amount of such pay-
shall determine whether any amounts, as re-                       ment from amounts subsequently payable to the
funds of Federal taxes paid, are payable to such                  State agency to which the amount originally
individual (regardless of whether such individual                 withheld from such refund was paid.
Page 2335               TITLE 42—THE PUBLIC HEALTH AND WELFARE                                                § 664

   (D) In any case in which an amount was with-       not a minor), or of a child (whether or not a
held under paragraph (1) or (2) and paid to a         minor) and the parent with whom the child is
State, and the State subsequently determines          living.
that the amount certified as past-due support         (d) Applicability to Indian tribes and tribal orga-
was in excess of the amount actually owed at              nizations receiving a grant under this part
the time the amount withheld is to be distrib-
                                                        This section, except for the requirement to
uted to or on behalf of the child, the State shall
                                                      distribute amounts in accordance with section
pay the excess amount withheld to the named
                                                      657 of this title, shall apply to an Indian tribe or
individual thought to have owed the past-due
                                                      tribal organization receiving a grant under sec-
support (or, in the case of amounts withheld on
                                                      tion 655(f) of this title in the same manner in
the basis of a joint return, jointly to the parties
                                                      which this section applies to a State with a plan
filing such return).
                                                      approved under this part.
(b) Regulations; contents, etc.
                                                      (Aug. 14, 1935, ch. 531, title IV, § 464, as added
   (1) The Secretary of the Treasury shall issue
                                                      Pub. L. 97–35, title XXIII, § 2331(a), Aug. 13, 1981,
regulations, approved by the Secretary of
                                                      95 Stat. 860; amended Pub. L. 98–378, §§ 11(d),
Health and Human Services, prescribing the
                                                      21(a)–(c), Aug. 16, 1984, 98 Stat. 1318, 1322–1324;
time or times at which States must submit no-
                                                      Pub. L. 99–514, § 2, title XVIII, § 1883(b)(8), Oct. 22,
tices of past-due support, the manner in which
                                                      1986, 100 Stat. 2095, 2917; Pub. L. 101–508, title V,
such notices must be submitted, and the nec-
                                                      § 5011(a), (b), Nov. 5, 1990, 104 Stat. 1388–220; Pub.
essary information that must be contained in or
                                                      L. 104–134, title III, § 31001(v)(2), Apr. 26, 1996, 110
accompany the notices. The regulations shall be
                                                      Stat. 1321–375; Pub. L. 104–193, title III, § 302(b)(1),
consistent with the provisions of subsection
                                                      Aug. 22, 1996, 110 Stat. 2204; Pub. L. 105–33, title
(a)(3), shall specify the minimum amount of
                                                      V, §§ 5513(a)(4), 5531(b), 5532(i)(1), Aug. 5, 1997, 111
past-due support to which the offset procedure
                                                      Stat. 620, 626, 627; Pub. L. 109–171, title VII,
established by subsection (a) may be applied,
                                                      § 7301(f)(1), Feb. 8, 2006, 120 Stat. 144; Pub. L.
and the fee that a State must pay to reimburse
                                                      113–183, title III, § 301(e), Sept. 29, 2014, 128 Stat.
the Secretary of the Treasury for the full cost of
                                                      1944; Pub. L. 118–258, title II, § 202(a)(1), Jan. 4,
applying the offset procedure, and shall provide
                                                      2025, 138 Stat. 2970.)
that the Secretary of the Treasury will advise
the Secretary of Health and Human Services,                                 Editorial Notes
not less frequently than annually, of the States
which have furnished notices of past-due support                         REFERENCES IN TEXT
under subsection (a), the number of cases in            The Internal Revenue Code of 1986, referred to in sub-
each State with respect to which such notices         sec. (a)(2)(B), is classified generally to Title 26, Internal
have been furnished, the amount of support            Revenue Code.
sought to be collected under this subsection by                              AMENDMENTS
each State, and the amount of such collections
                                                         2025—Subsec. (d). Pub. L. 118–258 added subsec. (d).
actually made in the case of each State. Any fee         2014—Subsec. (a)(2)(A). Pub. L. 113–183 substituted
paid to the Secretary of the Treasury pursuant        ‘‘under paragraph (4)(A)(ii) or (32) of section 654’’ for
to this subsection may be used to reimburse ap-       ‘‘under section 654(4)(A)(ii)’’.
propriations which bore all or part of the cost of       2006—Subsec. (a)(2)(A). Pub. L. 109–171, § 7301(f)(1)(A),
applying such procedure.                              struck out ‘‘(as that term is defined for purposes of this
   (2) In the case of withholdings made under         paragraph under subsection (c) of this section)’’ after
subsection (a)(2), the regulations promulgated        ‘‘owes past-due support’’.
                                                         Subsec. (c). Pub. L. 109–171, § 7301(f)(1)(B), substituted
pursuant to this subsection shall include the fol-
                                                      ‘‘In this part’’ for ‘‘(1) Except as provided in paragraph
lowing requirements:                                  (2), as used in this part’’, inserted ‘‘(whether or not a
     (A) The withholding shall apply only in the      minor)’’ after ‘‘a child’’ in two places, and struck out
   case where the State determines that the           pars. (2) and (3) defining ‘‘past-due support’’ and ‘‘quali-
   amount of the past-due support which will be       fied child’’, respectively.
   owed at the time the withholding is to be             1997—Subsec. (a)(1). Pub. L. 105–33, § 5513(a)(4), sub-
   made, based upon the pattern of payment of         stituted ‘‘section 608(a)(3)’’ for ‘‘section 602(a)(26)’’.
   support and other enforcement actions being           Subsec. (a)(2)(A). Pub. L. 105–33, § 5531(b), substituted
   pursued to collect the past-due support, is        ‘‘section 654(4)(A)(ii)’’ for ‘‘section 654(6)’’ in first sen-
                                                      tence.
   equal to or greater than $500. The State may          Pub. L. 105–33, § 5532(i)(1), inserted ‘‘in accordance
   limit the $500 threshold amount to amounts of      with section 657 of this title’’ after ‘‘owed’’ in penul-
   past-due support accrued since the time that       timate sentence.
   the State first began to enforce the child sup-       1996—Subsec. (a)(1). Pub. L. 104–134, § 31001(v)(2)(1), in-
   port order involved under the State plan, and      serted at end ‘‘This subsection may be executed by the
   may limit the application of the withholding       disbursing official of the Department of the Treasury.’’
   to past-due support accrued since such time.          Pub. L. 104–193 substituted ‘‘section 657’’ for ‘‘section
     (B) The fee which the Secretary of the           657(b)(4) or (d)(3)’’.
                                                         Subsec. (a)(2)(A). Pub. L. 104–134, § 31001(v)(2)(2), in-
   Treasury may impose to cover the costs of the      serted at end ‘‘This subsection may be executed by the
   withholding and notification may not exceed        Secretary of the Department of the Treasury or his des-
   $25 per case submitted.                            ignee.’’
(c) ‘‘Past-due support’’ defined                         1990—Subsec. (a)(2)(B). Pub. L. 101–508, § 5011(a),
                                                      struck out ‘‘, and before January 1, 1991’’ after ‘‘1985’’.
   In this part the term ‘‘past-due support’’            Subsec. (c)(2). Pub. L. 101–508, § 5011(b)(1), substituted
means the amount of a delinquency, determined         ‘‘qualified child (or a qualified child and the parent
under a court order, or an order of an adminis-       with whom the child is living if the same support order
trative process established under State law, for      includes support for the child and the parent)’’ for
support and maintenance of a child (whether or        ‘‘minor child’’.
§ 665                         TITLE 42—THE PUBLIC HEALTH AND WELFARE                                                  Page 2336

   Subsec. (c)(3). Pub. L. 101–508, § 5011(b)(2), added par.     1985, see section 21(g) of Pub. L. 98–378, set out as a note
(3).                                                             under section 6103 of Title 26.
   1986—Subsec. (a)(2)(B). Pub. L. 99–514, § 2, substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue                                EFFECTIVE DATE
Code of 1954’’.
   Subsec. (b)(2)(A). Pub. L. 99–514, § 1883(b)(8), sub-           Section effective Oct. 1, 1981, except as otherwise spe-
stituted ‘‘threshold’’ for ‘‘threshhold’’.                       cifically provided, see section 2336 of Pub. L. 97–35, set
   1984—Subsec. (a). Pub. L. 98–378, § 21(a), (b)(1), des-       out as an Effective Date of 1981 Amendment note under
ignated existing provisions as par. (1), substituted             section 651 of this title.
‘‘shall concurrently send notice to such individual that
the withholding has been made (including in or with              § 665. Allotments from pay for child and spousal
such notice a notification to any other person who may               support owed by members of uniformed serv-
have filed a joint return with such individual of the
                                                                     ices on active duty
steps which such other person may take in order to se-
cure his or her proper share of the refund), and shall
pay’’ for ‘‘and pay’’, and added pars. (2) and (3).              (a) Mandatory allotment; notice upon failure to
   Pub. L. 98–378, § 11(d), inserted ‘‘or section 671(a)(17)’’       make; amount of allotment; adjustment or
and substituted ‘‘section 657(b)(4) or (d)(3)’’ for ‘‘section        discontinuance; consultation
657(b)(3)’’.
                                                                   (1) In any case in which child support pay-
   Subsec. (b)(1). Pub. L. 98–378, § 21(b)(2), designated ex-
isting provisions as par. (1), substituted ‘‘The regula-         ments or child and spousal support payments
tions shall be consistent with the provisions of sub-            are owed by a member of one of the uniformed
section (a)(3), shall specify’’ for ‘‘The regulations shall      services (as defined in section 101(3) of title 37)
specify’’, substituted ‘‘and shall provide’’ for ‘‘and pro-      on active duty, such member shall be required
vide’’, inserted provision that any fee paid to the Sec-         to make allotments from his pay and allowances
retary of the Treasury pursuant to subsec. (b) may be            (under chapter 13 of title 37) as payment of such
used to reimburse appropriations which bore all or part          support, when he has failed to make periodic
of the cost of applying such procedure, and added par.
                                                                 payments under a support order that meets the
(2).
   Subsec. (c)(1). Pub. L. 98–378, § 21(c), designated exist-    criteria specified in section 1673(b)(1)(A) of title
ing provisions as par. (1), inserted reference to par. (2),      15 and the resulting delinquency in such pay-
and added par. (2).                                              ments is in a total amount equal to the support
                                                                 payable for two months or longer. Failure to
        Statutory Notes and Related Subsidiaries                 make such payments shall be established by no-
                                                                 tice from an authorized person (as defined in
          EFFECTIVE DATE OF 2006 AMENDMENT                       subsection (b)) to the designated official in the
  Pub. L. 109–171, title VII, § 7301(f)(2), Feb. 8, 2006, 120    appropriate uniformed service. Such notice
Stat. 145, provided that: ‘‘The amendments made by               (which shall in turn be given to the affected
paragraph (1) [amending this section] shall take effect          member) shall also specify the person to whom
on October 1, 2007.’’                                            the allotment is to be payable. The amount of
          EFFECTIVE DATE OF 1997 AMENDMENT                       the allotment shall be the amount necessary to
                                                                 comply with the order (which, if the order so
  Amendment by section 5513(a)(4) of Pub. L. 105–33 ef-
fective as if included in section 108 of the Personal Re-        provides, may include arrearages as well as
sponsibility and Work Opportunity Reconciliation Act             amounts for current support), except that the
of 1996, Pub. L. 104–193, at the time such section 108 be-       amount of the allotment, together with any
came law, see section 5518(b) of Pub. L. 105–33, set out         other amounts withheld for support from the
as a note under section 652 of this title.                       wages of the member, as a percentage of his pay
  Amendment by sections 5531(b) and 5532(i)(1) of Pub.           from the uniformed service, shall not exceed the
L. 105–33 effective as if included in the enactment of           limits prescribed in sections 1 1673(b) and (c) of
title III of the Personal Responsibility and Work Op-
                                                                 title 15. An allotment under this subsection
portunity Reconciliation Act of 1996, Pub. L. 104–193,
see section 5557 of Pub. L. 105–33, set out as a note            shall be adjusted or discontinued upon notice
under section 608 of this title.                                 from the authorized person.
                                                                   (2) Notwithstanding the preceding provisions
          EFFECTIVE DATE OF 1996 AMENDMENT                       of this subsection, no action shall be taken to
  Amendment by Pub. L. 104–193 effective Oct. 1, 1996,           require an allotment from the pay and allow-
or earlier at the State’s option, see section 302(c) of          ances of any member of one of the uniformed
Pub. L. 104–193, set out as a note under section 657 of          services under such provisions (A) until such
this title.                                                      member has had a consultation with a judge ad-
  For provisions relating to effective date of title III of      vocate of the service involved (as defined in sec-
Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193,
                                                                 tion 801(13) of title 10), or with a judge advocate
set out as a note under section 654 of this title.
                                                                 (as defined in section 801(11) 2 of such title) in
          EFFECTIVE DATE OF 1990 AMENDMENT                       the case of the Coast Guard, or with a legal offi-
  Pub. L. 101–508, title V, § 5011(c), Nov. 5, 1990, 104 Stat.   cer designated by the Secretary concerned (as
1388–220, provided that: ‘‘The amendments made by sub-           defined in section 101(5) of title 37) in any other
section (b) [amending this section] shall take effect on         case, in person, to discuss the legal and other
January 1, 1991.’’                                               factors involved with respect to the member’s
                                                                 support obligation and his failure to make pay-
          EFFECTIVE DATE OF 1984 AMENDMENT
                                                                 ments thereon, or (B) until 30 days have elapsed
  Amendment by section 11(d) of Pub. L. 98–378 effec-            after the notice described in the second sentence
tive Oct. 1, 1984, and applicable to collections made on         of paragraph (1) is given to the affected member
or after that date, see section 11(e) of Pub. L. 98–378, set     in any case where it has not been possible, de-
out as a note under section 654 of this title.
  Amendment by section 21(a)–(c) of Pub. L. 98–378 ap-
plicable with respect to refunds payable under section            1 So in original. Probably should be ‘‘section’’.

6402 of Title 26, Internal Revenue Code, after Dec. 31,           2 See References in Text note below.


File and source

File
USCODE-mostrecent-title42-sec664.pdf
Size
143,827 bytes
SHA-256
4267dd64d591ebc53f3bbedabcde52c5d9a53ef22d9a4f6e00d9fffed4ad4863
Our copy
USCODE-mostrecent-title42-sec664.pdf
Original
www.govinfo.gov
Back to top