§ 1367a. Child support intercept of unemployment benefits
(a) An individual filing a new claim for unemployment compensation shall, at the time
of filing the claim, disclose whether or not the individual owes child support obligations
as defined under subsection (f) of this section. If the individual discloses that
the individual owes child support obligations and is determined to be eligible for
unemployment compensation, the Commissioner shall notify the state or local child
support enforcement agency enforcing the obligation that the individual has been determined
to be eligible for unemployment compensation.
(b) Notwithstanding the provisions of sections 1366 and 1367 of this subchapter, the Commissioner
shall deduct and withhold from any unemployment compensation payable to an individual
who owes child support obligations as defined under subsection (f) of this section:
(1) the amount specified by the individual to the Commissioner to be deducted and withheld
under this subsection if neither subdivision (2) nor (3) of this subsection is applicable;
or
(2) the amount, if any, determined pursuant to an agreement submitted to the Commissioner
under 42 U.S.C. § 654(19)(B)(i) by the state or local child support enforcement agency, unless subdivision (3) of
this subsection is applicable; or
(3) any amount otherwise required to be so deducted and withheld from such unemployment
compensation pursuant to legal process, as that term is defined in 42 U.S.C. § 659(i)(5), properly served upon the Commissioner.
(c) Any amount deducted and withheld under subsection (b) of this section shall be paid
by the Commissioner to the appropriate state or local child support enforcement agency.
(d) Any amount deducted and withheld under subsection (b) of this section shall for all
purposes be treated as if it were paid to the individual as unemployment compensation
and paid by the individual to the state or local child support enforcement agency
in satisfaction of the individual’s child support obligations.
(e) For purposes of this section, the term “unemployment compensation” means any compensation
payable under the state law including amounts payable by the Commissioner pursuant
to an agreement under any federal law providing for compensation, assistance, or allowances
with respect to unemployment.
(f) As used in this section, “child support obligations” means obligations that are being
enforced pursuant to a plan described in 42 U.S.C. § 654 that has been approved by the Secretary of Health and Human Services under part D
of Title IV of the Social Security Act.
(g) As used in this section, “state or local child support enforcement agency” means any
agency of a state or political subdivision of a state operating pursuant to a plan
described in subsection (f) of this section.
(h) The Commissioner shall implement the provisions of this section only if appropriate
arrangements have been made for full reimbursement by the state or local child support
enforcement agency for all administrative costs incurred by the Commissioner under
this section that are attributable to child support obligations being enforced by
the state or local child support enforcement agency. (Added 1981, No. 194 (Adj. Sess.), § 4, eff. Sept. 26, 1982; amended 2023, No. 85 (Adj. Sess.), § 209, eff. July 1, 2024.)