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SB-337 Child support.(2019-2020)



Current Version: 09/13/19 - Enrolled

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SB337:v91#DOCUMENT

Enrolled  September 13, 2019
Passed  IN  Senate  September 11, 2019
Passed  IN  Assembly  September 10, 2019
Amended  IN  Assembly  September 06, 2019
Amended  IN  Assembly  September 03, 2019
Amended  IN  Assembly  June 27, 2019
Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  April 25, 2019
Amended  IN  Senate  April 11, 2019
Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 337

Introduced by Senator Skinner
(Coauthor: Senator Stone)

February 19, 2019

An act to amend Section 17500 of, and to amend, repeal, and add Section 17504 of, the Family Code, relating to child support.


LEGISLATIVE COUNSEL'S DIGEST


SB 337, Skinner. Child support.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance for Needy Families block grant program, state, and county funds.
Under existing law, a recipient of CalWORKs aid is required to assign to the county any rights to support from any other person that the recipient may have, on their behalf, or on behalf of any other family member for whom the recipient is receiving aid, not exceeding the total amount of CalWORKs cash assistance provided to the family. Existing law also requires the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month to be paid to a recipient of CalWORKs aid, and prohibits this amount from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible.
This bill would, commencing January 1, 2022, or when the Department of Child Support Services provides the Legislature with a specified notification, whichever date is later, increase that amount to $100 for a family with one child and $200 for a family with 2 or more children.
Existing law provides that the Department of Child Support Services and local child support agencies have the responsibility for promptly and effectively collecting and enforcing child support obligations. Existing law requires a local child support agency to submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies and defines a child support delinquency for the purposes of these provisions.
This bill would, commencing January 1, 2022, and to the extent permitted under federal law, exclude from the definition of “child support delinquency” an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible, as specified, and would require the agency or department to deem an arrearage or otherwise past due amount uncollectible under certain circumstances. The bill would authorize the department to implement and administer these provisions through a child support services letter or similar instruction until regulations are adopted by July 1, 2022.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would provide that the continuous appropriation would not be made for the purposes of implementing the bill.
This bill would incorporate additional changes to Section 17500 of the Family Code proposed by AB 1092 to be operative only if this bill and AB 1092 are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to increase the amount of child support payments received and to strengthen family unity between children and their noncustodial parent, thereby improving the health and well-being of low-income children.

SEC. 2.

 Section 17500 of the Family Code is amended to read:

17500.
 (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.
(2) (A) For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
(B) Commencing January 1, 2022, and to the extent permitted under federal law, a “child support delinquency” does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.
(C) In determining the meaning of “uncollectible” for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:
(i) Income and assets available to pay the arrearage or otherwise past due amount.
(ii) Source of income.
(iii) Age of the arrearage or otherwise past due amount.
(iv) The number of support orders.
(v) Employment history.
(vi) Payment history.
(vii) Incarceration history.
(viii) Whether the order was based on imputed income.
(ix) Other readily ascertainable debts.
(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as “uncollectible” if the noncustodial parent’s sole income is from any of the following:
(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.
(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.
(iv) Veterans Administration Disability Compensation benefits.
(E) Notwithstanding 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 department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.
(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.

SEC. 2.5.

 Section 17500 of the Family Code is amended to read:

17500.
 (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(c) (1) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450.
(2) (A) For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
(B) Commencing January 1, 2022, and to the extent permitted under federal law, a “child support delinquency” does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.
(C) In determining the meaning of “uncollectible” for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:
(i) Income and assets available to pay the arrearage or otherwise past due amount.
(ii) Source of income.
(iii) Age of the arrearage or otherwise past due amount.
(iv) The number of support orders.
(v) Employment history.
(vi) Payment history.
(vii) Incarceration history.
(viii) Whether the order was based on imputed income.
(ix) Other readily ascertainable debts.
(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as “uncollectible” if the noncustodial parent’s sole income is from any of the following:
(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.
(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.
(iv) Veterans Administration Disability Compensation benefits.
(E) Notwithstanding 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 department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.
(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.

SEC. 3.

 Section 17504 of the Family Code is amended to read:

17504.
 (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a 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 shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.
(b) This section shall become inoperative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.

SEC. 4.

 Section 17504 is added to the Family Code, to read:

17504.
 (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a 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, and shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.
(b) Notwithstanding 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 may implement and administer this subdivision through an all-county letter or similar instruction until final regulations are adopted.
(c) This section shall become operative on January 1, 2022, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

SEC. 5.

 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act.

SEC. 6.

 Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and Assembly Bill 1092. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after Assembly Bill 1092, in which case Section 2 of this bill shall not become operative.