Ishootem, evidently you didn't read my second post on this matter. They can ask for your SSN# as stated by the Freedom of Information Act. Evidently you like to skip over post that may disprove you and just respond to post that don't post any relevant laws. Here is a copy of the Child Support Enforcement Act. It has since been amended 3 or 4 times. As soon as I find the amendments, I'll post them. Now Ishootem, you really haven't posted any pertinent laws or regulations, just a bunch of numbers that could come from anywhere. If you have done so much research on these laws, you should have hard copies right at your fingertips. At least I am posting laws, you aren't.
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<br>SUMMARY OF UNIFORM CHILD SUPPORT
<br>ENFORCEMENT ACT OF 1997
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<br>H.R. 2189
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<br>INTRODUCED BY CONGRESSMAN HYDE (R-IL) AND
<br>CONGRESSWOMAN WOOLSEY (D-CA) - July 17, 1997
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<br>SECTION 1. SHORT TITLE. The Act is called the Uniform Child Support Enforcement Act of 1997.
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<br>SECTION 2. ASSIGNMENT OF THE RIGHT TO COLLECT CHILD SUPPORT AND THE AVAILABILITY OF CHILD SUPPORT INFORMATION TO THE INTERNAL REVENUE SERVICE. Currently, child support is often collected by state agencies acting pursuant to income withholding orders issued by courts and administrative agencies. This Act replaces this scheme with a system in which the federal government--through the Internal Revenue Service (IRS)-- enforces orders based on an assignment of rights from the person to whom the support is owed.
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<br>The Act begins by establishing that--as a condition for receiving federal funding for their child support (IVD) systems-- states will have to enact laws creating a presumption that custodial parents have assigned the right to collect their child support to the IRS. State law will also have to provide a procedure so that custodial parents can opt out of or into the IRS collection system at any time.
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<br>So that the IRS will know the terms of the orders it is to enforce, courts and administrative agencies which establish or modify child support orders will have to provide standardized abstracts of existing orders to the newly-created Federal Case Registry of Child Support Orders. Then every time they enter a new order or modify an old one, courts/administrative agencies will have to provide an abstract to the Federal Case Registry. The abstract will contain information about the parents, the amount of the order and any arrears owed.
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<br>SECTION 3. COLLECTION OF CHILD SUPPORT BY THE INTERNAL REVENUE SERVICE. Once an assignment is in place, the IRS would collect both the current support and arrears.
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<br>Employee Obligations: Each new employee who is subject to IRS collection will be required to file a withholding certificate with her/his employer. The withholding certificate will provide the employee with the opportunity to declare that he/she owes child support, the amount of the obligation, and the tax identification number of the person to whom the support is owed. Thereafter, whenever there is a new or modified order, the employee will have to file a new withholding certificate within 30 business days of the change. A covered employee who willfully fails to provide correct information can be prosecuted and fined up to $1,00 and sent to jail for up to one year, or both.
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<br>Employer Obligations: Employers would be required to begin withholding child support from the employee's first/next paycheck based on information provided by the employee in the withholding certificate. Within 30 business days, the employer would also send a copy of the withholding certificate to the IRS for comparison with information in the Federal Case Registry. The IRS would have 20 business days to confirm or correct the information provided by the employee. If the information was incorrect, within 20 days, the IRS would notify the employer of the correct amount of withholding. The employer would then adjust the withholding accordingly.
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<br>The IRS's Obligations: Child support -- like income taxes -- would be withheld from an employee's wages and collected by the IRS. The employee's annual W-2 form would tell the employee how much child support had been deducted from his/her wages. This would be credited against the actual obligation. If the employee had overpaid, he/she would get a credit. If he/she had underpaid, any support still owed would have to be paid to the IRS along with an taxes owed by the employee. If an employee failed to pay all child support due on or before April 15, the IRS could proceed to collect the delinquent support using the same methods used to collect unpaid taxes. Moreover, the employee would face the same penalties and interest as apply to delinquent taxes.
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<br>For the self-employed, the IRS would collect child support along with estimated tax payments. Adjustments would be made for those who are also employees and are having support withheld from their wages.
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<br>SECTION 4. DISBURSEMENT OF CHILD SUPPORT COLLECTIONS. The IRS would send the child support (and any penalties or interest collected) to the Social Security Administration (SSA)for disbursement. SSA would have 5 days to send the money out. As under current law, families which had never received public assistance would receive all the money collected on their behalf. Families which do not currently receive public assistance but did so in the past would receive current support and (by the year 2000) all pre- and post-assistance arrears owed to them. The state and federal governments would then split arrears(if any) which accumulated during the time the family received assistance. The state and federal governments would also share the support collected for families currently receiving public assistance.
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<br>SECTION 5. ELIMINATION OF STATE RESPONSIBILITIES FOR ENFORCING CHILD SUPPORT OBLIGATIONS EXCEPT MEDICAL SUPPORT. Since the IRS would be collecting support, states would no longer be required to provide this service and the federal government would no longer fund state collection efforts. Therefore, all language contained in Title IVD of the Social Security Act relating to a state's responsibility to collect and distribute child support would be removed. The only enforcement obligation left to the states would be for medical support. Also eliminated from Title IVD would be state incentive payments since these are based on collections and states would no longer be making collections.
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<br>In addition, states would no longer be under a mandate to have certain state laws relating to the collection of child support. Gone would be the requirement that state law must provide for immediate wage withholding, state income tax refund intercept, liens, bonds, or credit reporting.
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<br>SECTION 6. EFFECTIVE DATE. The provisions of the Act would become effective on the 1st day of the first calendar month that begins two years after the date of enactment.
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<br>--July 24,1997
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