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Issues Regarding Child Support Provisions of the New Federal Bankruptcy Law, P.L.109-8

AT-06-05

Published: September 22, 2006
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Enforcement, Order Establishment, Paternity Establishment
Types:
Policy, Action Transmittals (AT)
Tags:
Bankruptcy

ACTION TRANSMITTAL

AT-06-05

DATE: September 22, 2006

TO: State and Tribal Agencies Administrating Child Support Enforcement Plans under Title IV-D of the Social Security Act and Other Interested Individuals.

SUBJECT: Policy Questions and Responses to Miscellaneous Issues regarding Child Support Provisions of the New Federal Bankruptcy Law, P.L. 109-8.

BACKGROUND: The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Public Law 109-8, April 20, 2005) contains a variety of provisions that will be helpful to States and families seeking to establish paternity and support orders and to enforce child support obligations. The Office of Child Support Enforcement (OCSE) has received numerous inquiries from states regarding interpretation of its provisions. The purpose of this Action Transmittal is to inform States and other interested individuals and organizations of OCSE’s policy responses to these inquiries.

ATTACHMENTS:

  • Attachment 1 - OCSE’s series of questions and answers regarding child support provisions of P.L. 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
  • Attachment 2 - U.S. Department of Justice "Guidelines for Notices of Domestic Support Obligations," together with sample notices that trustees may use at their option to meet their obligations under various bankruptcy chapters.

REFERENCE: OCSE IM-05-05, New Federal Bankruptcy Law Contains Child Support Provisions, dated May 4, 2005.

INQUIRIES: ACF Regional Administrators

Margot Bean
Commissioner
Office of Child Support Enforcement