19-11-6
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19-11-6.
(a)
By accepting public assistance for or on behalf of a child or children,
including foster care maintenance payments made pursuant to Title IV-E of the
federal Social Security Act, the recipient shall be deemed to have made an
assignment to the department of the right to any child support owed for the
child. The department shall be subrogated to the right of the child or children
or the person having custody to initiate any support action existing under the
laws of this state and to recover any payments ordered by the courts of this or
any other state. Amounts collected by the department shall be distributed and
deposited by the department in conformity with law.
(b)
Whenever a family for whom child support services have been provided ceases to
receive public assistance, including medical assistance, the department shall
continue to provide services and collect such support payments from the absent
parent in accordance with standards prescribed pursuant to the federal Social
Security Act.
(c)
The department shall accept applications for child support services from any
proper party or person notwithstanding the fact that the child or children do
not receive public assistance. When made, this application to the department
shall constitute an assignment of the right to support to the department and the
proceeds of any collections resulting from such application shall be distributed
in accordance with the standards prescribed in the federal Social Security Act.
(d)
The department shall accept applications for alimony enforcement services from
any proper party or person if the right to alimony has been assigned to the
department. The application for enforcement shall apply only to alimony while
there is a court order for alimony, while the dependent child is living with the
spouse or former spouse, and while a child support obligation is also being
enforced by the department.
(e)
The department shall accept applications for IV-D services from noncustodial
parent obligors. The department, by virtue of the acceptance of such
applications for IV-D services, is authorized to take any action allowed by this
chapter including, but not limited to, the review and modification of support
awards, whether such awards are modified upward or downward, pursuant to Code
Section 19-11-12. The proceeds of any collections resulting from such
applications shall be distributed in accordance with the standards prescribed in
the federal Social Security Act.