Transfer of right; set-off

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  • (a) The right to receive support can not be relinquished or transmitted to a third party; Provided, That in the case of a person who is receiving public assistance in the form of financial aid for dependent children from the Department of Social Welfare or any other governmental agency through any federal, territorial, or joint program, any support payments obtained by that recipient pursuant to court order or voluntary agreement shall be assigned, endorsed or otherwise made payable to the Department of Social Welfare or other appropriate governmental agency or fund for the purpose of reimbursing such agency or fund for any monies expended therefrom for the benefits of the recipient. Neither shall such support be set off against any amount owing by the recipient to the person obliged to give it.

  • (b) The Government, through the Division of Paternity and Child Support, shall recoup, through reasonable means, all support erroneously disbursed to a child support obligee from that obligee and support due that obligee, with the consent of the oblige, either express or implied. The consent of the obligee is deemed to be implied when the obligee fails to respond to three fee notices sent to the obligee, by the Government, at the obligee's last known address, and it is clearly stated on each notice that consent will be implied due to lack of a response.

  • (c) The government, through the Division of Paternity and Child Support may charge and collect an annual child support collection fee, from any obligee who has never received assistance under a program funded in whole or part under title IV-A of the Social Security Act.


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