A support collection received from a source other than a federal income tax offset shall be distributed as follows:

1. (1) For a family currently receiving assistance, the department shall retain the amount of unpaid support obligation accrued under an assignment or the amount necessary to reimburse the department for the cumulative amount of unreimbursed assistance paid to the family, whichever is less. The department shall distribute any remaining amount to the family;

2. (2) For a family that no longer receives assistance and has an assignment effective after September 30, 1997, distribution shall be made in the following order:

   1. (a) The department shall distribute to the family the amount collected which represents the current month's required support obligation;
   2. (b) The department shall distribute to the family any remaining amount to satisfy arrearages that accumulated during the months the family did not receive assistance;
   3. (c) The department shall retain any remaining amount as reimbursement of arrearages accrued under the assignment up to the cumulative amount of unreimbursed assistance paid to the family; and
   4. (d) The department shall distribute any remaining amount to the family; and

3. (3) For a family that has never received assistance, the department shall distribute the collection to the family.

   Cross-References:

   Distribution of support collected, Pub. L. No. 104-193, § 302, 110 Stat. 2200.

   Distribution of collected support, 42 U.S.C. § 657.

   Collection and disbursement of support payments, 45 C.F.R. § 302.32.

Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1987; 23 SDR 83, effective November 24, 1996; 24 SDR 72, effective November 30, 1997; 27 SDR 35, effective October 1, 2000; 35 SDR 49, effective October 1, 2008.

General Authority: SDCL 28-7A-3(9).

Law Implemented: SDCL 25-7A-44 , 28-7A-3(9).