California Family Code 17504.2 – (a) (1) Any amount of support collected in a month in …
(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 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 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.
Terms Used In California Family Code 17504.2
- County: includes city and county. See California Family Code 67
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- obligor: means a person owing a duty of support. See California Family Code 17212
- State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
(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 § 17502 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 § 11477 of the Welfare and Institutions Code. If the former recipient of aid makes a claim for the passthrough payment within 12 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 § 11477 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 1 of Division 3 of Title 2 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.
(Added by Stats. 2022, Ch. 573, Sec. 7. (AB 207) Effective September 27, 2022. Conditionally operative on or after July 1, 2023, as prescribed by its own provisions.)