Child Support Economic Security Act of 1992 - Title I: Child Support Enforcement Amendments - Amends the Social Security Act to provide that, in order to satisfy Federal grant eligibility criteria, a State plan for child and spousal support must provide for the designation of a single, separate, organizational unit at the State level to administer the plan under rules that apply uniformly throughout the State.
Requires a State, in order to satisfy such criteria, to have in effect statutorily prescribed procedures which ensure that: (1) the agency administering a State plan for child and spousal support has on-line access to all information contained in any data base maintained by the State or local government; (2) any court order or State administrative order for child support or maintenance requires payments until specified events occur; (3) all income of an individual is subject to withholding to meet child support obligations; (4) State licenses are denied to persons whose child support payments are in arrears; (5) the agency administering the State plan report to major consumer reporting agencies certain arrearages for support owed by an individual residing in the State or furnish such information to a consumer reporting agency upon request; (6) statutes of limitation are eliminated in child support cases; (7) social security numbers appear on marriage licenses and child support orders; (8) conduct affecting the exercise of visitation rights under an order for child support or maintenance shall be treated as irrelevant in any action brought to enforce support provisions of the order; and (9) the provision of, or failure to provide support pursuant to such order shall be treated as irrelevant in any action brought to enforce visitation rights.
Mandates that State absent parent locator programs include response deadlines for information requests from other States, and that such deadlines be periodically reviewed for technological adequacy.
Directs the Secretary to issue regulations establishing standards and procedures governing the processing by States of cases involving the enforcement of child support obligations against parents in other States, including a deadline by which prosecutions must commence after the case first comes to the State's attention, and a deadline by which such actions must be decided or dismissed.
Increases the amount the Secretary shall pay to each State for each quarter to 90 percent of the total amounts expended by it during such quarter for the operation of a State plan for child and spousal support.
Repeals the existing mandate for Federal incentive payments to the States for cost-effective enforcement of child support payments.
Makes a prerequisite for approval of any State plan that it have in effect, by the effective date of this Act, a law identical to the Uniform Interstate Family Support Act, as most recently adopted by the National Conference of Commissioners on Uniform State Laws.
Establishes the Commission on Child Support Guidelines (the Commission) to submit recommendations to the Congress on national guidelines for child support award amounts. Terminates the Commission after submission of its report.
Title II: Bankruptcy Amendments Relating to Child Support, Alimony, and Property Settlement Agreements - Amends Federal bankruptcy law to declare that the filing of a petition in bankruptcy does not operate as an automatic stay of actions for: (1) establishment of paternity; (2) establishment or modification of orders for alimony, maintenance or support; (3) collection of alimony, maintenance, or support from property that is not property of the bankrupt estate; and (4) certain debts for child and spousal support and maintenance. Includes among priority claims and expenses those for certain child and spousal support and maintenance.
Permits a debtor to avoid the fixing of a lien to the extent that it impairs an exemption to which the debtor would have been entitled, as long as the lien does not secure a claim for certain debts regarding child and spousal support and maintenance.
Precludes a trustee in bankruptcy from avoiding a tranfer to the extent it was a bona fide payment of a debt for child or spousal support, maintenance or alimony.
Declares that property of the bankrupt estate of either a family farmer or an individual with regular annual income includes specified property acquired by the debtor after commencement of the case until the bankruptcy plan is confirmed, except such property as is necessary to fund the plan and is specified in the plan or order confirming it shall remain property of the estate. Declares, for such debtors, that the court shall confirm a plan if the debtor has paid all allowable claims arising after the order for relief for debts for child and spousal support maintenance or alimony.
Permits representatives of child support creditors to appear and intervene in court without charge and without meeting any special local court rule requirement for attorney appearances in any judicial bankruptcy proceeding if such representatives file a form in such court that contains information detailing the child support debt, status, and other characteristics.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Economic and Commercial Law.
Referred to the Subcommittee on Human Resources.
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