425.460 - Exchanges of data with financial institutions; encumbrance or surrender of assets of responsible parents held by financial institutions; financial institutions not liable for compliance; Div
425.460 Exchanges of data with financial institutions; encumbrance or surrender of assets of responsible parents held by financial institutions; financial institutions not liable for compliance; Division or agency for enforcement of child support located in another state not liable for return of surrendered assets.
1. The Administrator shall enter into agreements with financial institutions doing business in this state to coordinate the development and operation of a system for matching data, using automated exchanges of data to the maximum extent feasible.
2. A financial institution doing business in this state shall:
(a) Cooperate with the Administrator in carrying out subsection 1.
(b) Use the system to provide to the Division for each calendar quarter the name, address of record, social security number or other number assigned for taxpayer identification, and other identifying information for each responsible parent who maintains an account at the financial institution, as identified by the Division by name and social security number or other number assigned for taxpayer identification.
(c) In response to the receipt from the Division or an agency for the enforcement of child support located in another state of:
(1) Notification of a lien against a responsible parent which:
(I) Arises pursuant to NRS 125B.142; or
(II) Is entitled to full faith and credit pursuant to NRS 125B.144,
Ê encumber all assets held by the financial institution on behalf of the responsible parent and surrender those assets upon the enforcement of the lien pursuant to those sections.
(2) A notice of attachment pursuant to subsection 2 of NRS 425.470, surrender to the Chief such assets held by the financial institution on behalf of the responsible parent as may be required by the Chief.
(d) Except as otherwise provided in paragraph (c), in response to the receipt of notice of a lien which is entitled to full faith and credit pursuant to NRS 125B.144 or notice of a levy on such a lien, encumber or surrender, as the case may be, such assets held by the financial institution on behalf of the responsible parent as may be required to enforce the lien.
Ê A financial institution doing business in this State which receives from the Division or an agency for the enforcement of child support located in another state a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien.
3. A financial institution may not be held liable in any civil or criminal action for:
(a) Any disclosure of information to the Division or an agency for the enforcement of child support located in another state pursuant to this section.
(b) Encumbering or surrendering any assets held by the financial institution pursuant to this section.
(c) Any other action taken in good faith to comply with the requirements of this section.
4. If a court issues an order to return to a responsible parent any assets surrendered by a financial institution pursuant to subsection 2, the Division or an agency for the enforcement of child support located in another state is not liable to the responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for the payment of support.
(Added to NRS by 1997, 2241; A 2009, 952)