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Section 38-10-31 Assignment to department of right to support owed to child in custody of department or receiving maintenance payments.

Section 38-10-31

Assignment to department of right to support owed to child in custody of department or receiving maintenance payments.

Either upon granting of custody of a child to the department and the provision of foster care or upon the department's making foster care maintenance payments on behalf of a child under provisions of Title IV-E of the Social Security Act, the department shall by operation of law be assigned the right to any support owed to or for such child. The assignment:

(1) shall be effective as to both current and accrued support obligations; and

(2) shall terminate when the department is no longer providing foster care, except with respect to the amount of any unpaid support obligation accrued under the assignment.

(Acts 1986, Ex. Sess., No. 86-686, p. 81, §2.)

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