§383-163.5 Child support intercept of unemployment benefits. (a) An individual filing a new claim for unemployment compensation, at the time of filing such claim, shall disclose whether or not that individual owes child support obligations as defined under subsection (g). If any individual owes child support obligations and is determined to be eligible for unemployment compensation, the department shall notify the child support enforcement agency that the individual has been determined to be eligible for unemployment compensation.
(b) The department shall deduct and withhold, from any unemployment compensation payable to an individual who owes child support obligations, one of the following:
(1) The amount specified by the individual to the department to be deducted and withheld under this subsection, if neither paragraph (2) nor (3) is applicable;
(2) The amount, if any, determined pursuant to an agreement submitted to the department under section 454(20)(B)(i) of the Social Security Act by the child support enforcement agency, unless paragraph (3) is applicable; or
(3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the department.
(c) Any amount deducted and withheld under subsection (b) shall be paid by the department to the child support enforcement agency.
(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the child support enforcement agency in satisfaction of the individual's child support obligations.
(e) For purposes of subsections (a) to (d), the term "unemployment compensation" means any compensation payable under this chapter, chapter 385, and amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f) This section applies only if appropriate arrangements have been made for reimbursement by the child support enforcement agency for the administrative costs incurred by the department under this section.
(g) As used in this section, the term "child support obligations" includes only obligations which are being enforced pursuant to section 576D-1.
(h) As used in this section, the term "child support enforcement agency" means the agency established under chapter 576D. [L 1982, c 58, §7; am L 1986, c 332, §10; am L 1998, c 153, §3]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
383. Hawaii Employment Security Law
383-2 Definition of employment.
383-4 Election of employing unit.
383-5 Service localized where.
383-6 Master and servant relationship, not required when.
383-7.5 Part-time work; benefits available.
383-7.6 Separation for compelling family reason.
383-8 Included and excluded service.
383-12 Requirement to post work availability online.
383-22 Weekly benefit amount; computation, minimum and maximum.
383-23 Weekly benefit for unemployment.
383-24 Maximum potential benefits.
383-29 Eligibility for benefits.
383-29.5 Benefits during training.
383-29.6 Partial unemployment; eligibility.
383-29.7 Partial unemployment; claim filing requirements, determinations.
383-29.8 Partial unemployment; waivers.
383-29.9 Partial unemployment; reporting requirements.
383-30 Disqualification for benefits.
383-30.5 Good cause for separation from part-time employment.
383-31 Posting of information.
383-33 Determinations, in general.
383-34 Reconsideration of determination.
383-35 Appeal pending when redetermination issued.
383-36 Notice of determinations.
383-38 Appeals, filing, and hearing.
383-40 Conclusiveness of determinations and decisions.
383-44 Recovery of benefits paid.
383-61 Payment of contributions; wages not included.
383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.
383-62.5 Treatment of Indian tribes.
383-63 Definitions for experience rating provisions.
383-64 Credits for contributions; destruction of employer accounts and records.
383-65 Charges and noncharges for benefits.
383-66 Contribution rates, how determined.
383-68 Contribution rate schedules; fund solvency rate schedule; rates based on experience.
383-69 Procedure for rate determination.
383-70 Contributions; levy; returns; assessments.
383-71 Collection of delinquent contributions.
383-72 Priorities under legal dissolutions or distributions.
383-73 Penalty for delinquency; remission
383-74 Appeal; correction of assessment or contributions.
383-76 Refunds and adjustments.
383-77 Employers' coverage, election.
383-79 Combining services performed for predecessor and successor employing units.
383-80 Income tax refund offsets.
383-91 Duties and powers of department, director.
383-93 Investigation of unemployment hazard.
383-95 Disclosure of information.
383-100 Protection against self-incrimination.
383-101 Relation to chapter 371.
383-102 Preservation and destruction of records.
383-103 Representation in civil and criminal actions.
383-104 State employment service.
383-105 Federal-state cooperation.
383-106 What reciprocal arrangements authorized.
383-107 Reimbursement payments deemed benefits, when.
383-108 Cooperation with states, etc.
383-109 Cooperation with foreign governments.
383-110 Personnel security program; criminal history record checks.
383-121 Unemployment compensation trust fund; establishment and control.
383-121.5 Renumbered as §383-127.
383-123 Withdrawals; administrative use.
383-124 Relation to unemployment trust fund.
383-125 Financing employment security administration.
383-126 Reimbursement of fund.
383-126.5 Evaluation of fund balance adequacy.
383-127 Special unemployment insurance administration fund.
383-128 Employment and training fund established.
383-129 Employment and training assessment.
383-141 Falsely obtaining benefits, etc.
383-161 Waiver of rights void.
383-163 No assignment of benefits; waiver.
383-163.5 Child support intercept of unemployment benefits.
383-163.7 Deduction and withholding of uncollected food stamp overissuances.
383-164 Nonliability of State.
383-165 Saving clause, amendment, or repeal.
383-166 Conformity with federal law.
383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of.
383-170 Eligibility requirements for extended benefits.
383-171 Weekly extended benefit amount.
383-172 Total extended benefit amount.
383-173 Beginning and termination of extended benefit period.
383-176 Limitation of extended benefits by trade readjustment allowance.