TITLE 40
Human services

CHAPTER 40-6
Public Assistance Act

SECTION 40-6-21.2


§ 40-6-21.2 Child medical support garnishment – State income tax offset.

(a) The department of human services may garnish the wages, salary or other income of, and withhold amounts from state income tax refunds due to, any person who:

(1) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under chapter 8 of title 40 and title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.; and

(2) Has received payment from a third party for the costs of such services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services, to the extent necessary to reimburse the department of human services for its costs, but claims for current and past due child support shall take priority over these claims.

(b) Garnishment proceedings may be commenced and enforced in the family court under chapters 5, 8, 9, 11, 13, 15, and 16 of title 15.

(c) Withholding from state income tax refunds shall be enforced in accordance with chapter 30.1 of title 44.

History of Section.
(P.L. 1994, ch. 237, § 3.)