53-2-613. Application for assistance -- assignment of support rights. (1) Applications for public assistance, including but not limited to aid to families with dependent children and medical assistance, must be made to the county department of public welfare in the county in which the person is residing. The application must be submitted, in the manner and form prescribed by the department of public health and human services, and must contain information required by the department of public health and human services.
     (2) A person by signing an application for public assistance assigns to the state, to the department of public health and human services, and to the county welfare department all rights that the applicant may have to support and medical payments from any other person in the applicant's own behalf or in behalf of any other family member for whom application is made.
     (3) The assignment:
     (a) is effective for both current and accrued support and medical obligations;
     (b) takes effect upon a determination that the applicant is eligible for public assistance;
     (c) remains in effect with respect to the amount of any unpaid support and medical obligation accrued under the assignment that was owed prior to the termination of public assistance to a recipient.
     (4) Whenever a child support or spousal support obligation is assigned to the department of public health and human services pursuant to this section, the following provisions apply:
     (a) If the support obligation is based upon a judgment or decree or an order of a court of competent jurisdiction, the department may retain assigned support amounts in an amount sufficient to reimburse public assistance money expended.
     (b) A recipient or former recipient of public assistance may not commence or maintain an action to recover or enforce a delinquent support obligation or make any agreements with any other person or agency concerning the support obligation, except as provided in 40-5-202.
     (c) If a notice of assigned interest is filed with the district court, the clerk of the court may not pay over or release for the benefit of any recipient or former recipient of public assistance any amounts received pursuant to a judgment or decree or an order of the court until the department's child support enforcement division has filed a written notice that:
     (i) the assignment of current support amounts has been terminated; and
     (ii) all assigned support delinquencies, if any, are satisfied or released.
     (d) A recipient or former recipient of public assistance may not take action to modify or make any agreement to modify, settle, or release any past, present, or future support obligation unless the department's child support enforcement division is given written notice under the provisions of 40-5-202. Any modifications or agreements entered into without the participation of the department are void with respect to the state, the department, and the county welfare department.

     History: En. Sec. 1, Ch. 79, L. 1981; amd. Sec. 1, Ch. 131, L. 1987; amd. Sec. 155, Ch. 370, L. 1987; amd. Sec. 25, Ch. 702, L. 1989; amd. Sec. 23, Ch. 631, L. 1993; amd. Sec. 14, Ch. 60, L. 1995; amd. Sec. 421, Ch. 546, L. 1995.