§383-163.5 - Child support intercept of unemployment benefits.
§383-163.5 Child support intercept of
unemployment benefits. (a) An individual filing a new claim for
unemployment compensation, at the time of filing such claim, shall disclose
whether or not that individual owes child support obligations as defined under
subsection (g). If any individual owes child support obligations and is
determined to be eligible for unemployment compensation, the department shall
notify the child support enforcement agency that the individual has been
determined to be eligible for unemployment compensation.
(b) The department shall deduct and withhold,
from any unemployment compensation payable to an individual who owes child
support obligations, one of the following:
(1) The amount specified by the individual to the
department to be deducted and withheld under this subsection, if neither
paragraph (2) nor (3) is applicable;
(2) The amount, if any, determined pursuant to an
agreement submitted to the department under section 454(20)(B)(i) of the Social
Security Act by the child support enforcement agency, unless paragraph (3) 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 section 462(e) of the Social Security Act, properly
served upon the department.
(c) Any amount deducted and withheld under
subsection (b) shall be paid by the department to the child support enforcement
agency.
(d) Any amount deducted and withheld under
subsection (b) shall for all purposes be treated as if it were paid to the
individual as unemployment compensation and paid by the individual to the child
support enforcement agency in satisfaction of the individual's child support
obligations.
(e) For purposes of subsections (a) to (d),
the term "unemployment compensation" means any compensation payable
under this chapter, chapter 385, and amounts payable by the department pursuant
to an agreement under any federal law providing for compensation, assistance,
or allowances with respect to unemployment.
(f) This section applies only if appropriate
arrangements have been made for reimbursement by the child support enforcement
agency for the administrative costs incurred by the department under this
section.
(g) As used in this section, the term
"child support obligations" includes only obligations which are being
enforced pursuant to section 576D-1.
(h) As used in this section, the term
"child support enforcement agency" means the agency established under
chapter 576D. [L 1982, c 58, §7; am L 1986, c 332, §10; am L 1998, c 153, §3]