Title 19, Chapter 11, Section 6
( 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
enforcement 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. |