Collections and Enforcement

Cal. FAM § 17504.2

California Statutes

(a)

(1) Any amount of support collected in a month in payment of an assigned support obligation shall be passed through to a former recipient of aid under

Article 2 (commencing with

Section 11250) of

Chapter of Part of Division of the Welfare and Institutions Code, except recipients of foster care payments under

Article 5 (commencing with

Section 11400) of

Chapter of Part of Division of the Welfare and Institutions Code.

(2) The local child support agency in each county shall ensure that payments are made to former recipients of aid when required by this section.

(3) The Department of Child Support Services and the local child support agencies shall provide written or electronic informational materials, which shall be developed by the Department of Child Support Services in collaboration with the Department of Social Services, to child support case participants, who are former recipients of aid, to notify them of the potential impacts of passthrough collections pursuant to this

section on eligibility for public benefit programs. (

b) Notwithstanding

Section of the Family Code, any passthrough payments under this

section that cannot be delivered to a former recipient of aid pursuant to paragraph (2) of subdivision (

a) for a period of six months shall not be returned to the obligor and shall be sent to recoup aid paid on behalf of the recipient pursuant to

Section of the Welfare and Institutions Code. If the former recipient of aid makes a claim for the passthrough payment within months of the payment being sent to recoupment, the payment shall be removed from recoupment and sent to the former recipient of aid. The Department of Child Support Services shall monitor the number of claims made after payments are sent for recoupment. The department shall provide that information to the Legislature no later than April 1, 2025, or two years and three months after the operative date of this

section as established by subdivision (e), whichever date is later. (

c) Nothing in this

section shall be construed to discontinue assignments under

Section of the Welfare and Institutions Code. (

d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the State Department of Social Services and the Department of Child Support Services may implement, interpret, or make specific this

section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (

e) This

section shall become operative on July 1, 2023, or on the date the department notifies the Legislature that the Child Support Enforcement System can perform the necessary automation to implement this section, and the Department of Child Support Services has developed and provided the written materials pursuant to subdivision (a), whichever date is later.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 17504.2
Date2022-09-27
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM17504.2.20225737

Collections and Enforcement

Cal. FAM § 17504.2

California Statutes

Collections and Enforcement

Cal. FAM § 17504.2

California Statutes

(a)

(1) Any amount of support collected in a month in payment of an assigned support obligation shall be passed through to a former recipient of aid under

Article 2 (commencing with

Section 11250) of

Chapter of Part of Division of the Welfare and Institutions Code, except recipients of foster care payments under

Article 5 (commencing with

Section 11400) of

Chapter of Part of Division of the Welfare and Institutions Code.

(2) The local child support agency in each county shall ensure that payments are made to former recipients of aid when required by this section.

(3) The Department of Child Support Services and the local child support agencies shall provide written or electronic informational materials, which shall be developed by the Department of Child Support Services in collaboration with the Department of Social Services, to child support case participants, who are former recipients of aid, to notify them of the potential impacts of passthrough collections pursuant to this

section on eligibility for public benefit programs. (

b) Notwithstanding

Section of the Family Code, any passthrough payments under this

section that cannot be delivered to a former recipient of aid pursuant to paragraph (2) of subdivision (

a) for a period of six months shall not be returned to the obligor and shall be sent to recoup aid paid on behalf of the recipient pursuant to

Section of the Welfare and Institutions Code. If the former recipient of aid makes a claim for the passthrough payment within months of the payment being sent to recoupment, the payment shall be removed from recoupment and sent to the former recipient of aid. The Department of Child Support Services shall monitor the number of claims made after payments are sent for recoupment. The department shall provide that information to the Legislature no later than April 1, 2025, or two years and three months after the operative date of this

section as established by subdivision (e), whichever date is later. (

c) Nothing in this

section shall be construed to discontinue assignments under

Section of the Welfare and Institutions Code. (

d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the State Department of Social Services and the Department of Child Support Services may implement, interpret, or make specific this

section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (

e) This

section shall become operative on July 1, 2023, or on the date the department notifies the Legislature that the Child Support Enforcement System can perform the necessary automation to implement this section, and the Department of Child Support Services has developed and provided the written materials pursuant to subdivision (a), whichever date is later.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 17504.2
Date2022-09-27
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM17504.2.20225737