42 U.S.C. § 667

State guidelines for child support awards

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(a) Establishment of guidelines; method

Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.

(b) Availability of guidelines; rebuttable presumption(1) The guidelines established pursuant to subsection (a) shall be made available to all judges and other officials who have the power to determine child support awards within such State.(2) There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.(c) Technical assistance to States; State to furnish Secretary with copies

The Secretary shall furnish technical assistance to the States for establishing the guidelines, and each State shall furnish the Secretary with copies of its guidelines.

(Aug. 14, 1935, ch. 531, title IV, § 467, as added Pub. L. 98–378, § 18(a), Aug. 16, 1984, 98 Stat. 1321; amended Pub. L. 100–485, title I, § 103(a), (b), Oct. 13, 1988, 102 Stat. 2346.)Editorial NotesAmendments

1988—Subsec. (a). Pub. L. 100–485, § 103(b), inserted “, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts” before period at end.

Subsec. (b). Pub. L. 100–485, § 103(a), designated existing provisions as par. (1), struck out “, but need not be binding upon such judges or other officials” after “within such State”, and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–485 effective one year after Oct. 13, 1988, see section 103(f) of Pub. L. 100–485, set out as a note under section 666 of this title.

Effective Date

Pub. L. 98–378, § 18(b), Aug. 16, 1984, 98 Stat. 1322, provided that: “The amendment made by subsection (a) [enacting this section] shall become effective on October 1, 1987.”

Study of Child-Rearing Costs

Pub. L. 100–485, title I, § 128, Oct. 13, 1988, 102 Stat. 2356, directed Secretary of Health and Human Services, by grant or contract, to conduct a study of patterns of expenditures on children in 2-parent families, in single-parent families following divorce or separation, and in single-parent families in which parents were never married, giving particular attention to the relative standards of living in households in which both parents and all of the children do not live together, and submit to Congress no later than 2 years after Oct. 13, 1988, a full and complete report of results of such study, including recommendations for legislative, administrative, and other actions.

Notes of Decisions

Cited in 115 cases (5 in the last 5 years), 1985–2023 · leading case: Matter of Rose v. Moody, 629 N.E.2d 378 (NY 1993).

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Matter of Rose v. Moody, 629 N.E.2d 378 (NY 1993). · cites it 26× “They argue that New York's Family Court Act § 413 (1) (g), which conclusively fixes a minimum $25 per month floor in all cases, is not preemptively nullified by any conflict with Federal law 42 USC § 667 , which mandates a rebuttable presumption in all such instances.”

Fitzgerald v. Fitzgerald, 566 A.2d 719 (D.C. 1989). · cites it 24× “§ 302.56 (c) (Supp. IV 1986). Both the statute and regulations contemplated that the guidelines could be established "by law or by judicial or administrative action.”

Hanrahan, M., Aplt. v. Bakker, J., 186 A.3d 958 (Pa. 2018). · cites it 4× “See 42 U.S.C. § 667 (a), (b)(2);10 23 Pa.C.S.”

Msc v. Mcg, 442 P.3d 662 (Wyo. 2019). · cites it 5× “§ 20-2-304 (b) (LexisNexis 2011) facially contradicts 42 U.S.C. § 667 (b)(2). This section of the federal statutes establishes a " rebuttable presumption " that the amount calculated for support under state guidelines is the appropriate amount.”

Pataky v. Pataky, 585 S.E.2d 404 (N.C. Ct. App. 2003). · cites it 4× “2343 , 42 U.S.C. § 667 (b)(2) (2003). Thus, while states that adopted this requirement would establish a rebuttable presumption that the sum determined by application of a State's generalized guidelines was the proper amount of child support, they would retain the authority to…”

Ward v. McFall, 593 S.E.2d 340 (Ga. 2004). · cites it 4× “Under 42 USCA § 667, as part of its “state plan,” Georgia must establish guidelines for child support award amounts.”

Grant v. Hager, 868 N.E.2d 801 (Ind. 2007). · cites it 4× “42 U.S.C. § 667 (a). The Act also requires states to establish a rebuttable presumption that child support awards resulting from the application of these guidelines are correct.”

Maturo v. Maturo, 995 A.2d 1 (Conn. 2010). · cites it 2× “See 42 U.S.C. § 667 (b)(2) (1988). Removing consideration of the guidelines from child support decisions deprives high income families of the fairness and consistency the guidelines require and leaves the trial and appellate courts adrift, unanchored to the core principles that…”

Amanda Swanson Niblett v. Jason Daniel Niblett, 779 S.E.2d 839 (Va. Ct. App. 2015). · cites it 2× “In accord with the Federal law, 42 U.S.C.A. § 667 (a), the Virginia General Assembly enacted a statute incorporating the guidelines.”

Hunt v. Hunt, 648 A.2d 843 (Vt. 1994). · cites it 4× “See 42 U.S.C. § 667 (1988); 45 C.F.R. § 302.56 (1993).”

Williams v. Patton, 821 S.W.2d 141 (Tex. 1992). · cites it 2× “1305, 1321-22 (codified as amended at 42 U.S.C. § 667 (1988)). In 1985, the Texas legislature responded by amending Family Code section 14.”

Richardson v. Richardson, 401 S.E.2d 894 (Va. Ct. App. 1991). · cites it 2× “In accord with the federal law, 42 U.S.C.A. § 667 (a), the Virginia General Assembly enacted a statute incorporating the guidelines.”

Show all 115 citing cases →

— 42 U.S.C. § 667(b) — 2 cases

Trager v. Trager, 541 So. 2d 148 (Fla. 4th DCA 1989).

In re the Marriage of Butcher, 786 P.2d 1293 (Or. Ct. App. 1990).

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