§ 115 - Access to financial records of deposit accounts of individuals who owe overdue child support
§ 115. Access to financial records of deposit accounts of individuals who owe overdue child support
(a) As used in this section:
(1) "Depositor" means an owner of an account in a financial institution and includes "share account holders" of credit unions.
(2) "Financial institution" means a trust company, savings bank, industrial bank, commercial bank, savings and loan association or credit union organized under the laws of this state or authorized to do business in this state.
(3) "Match" means an automated comparison by name, Social Security number, and, if available, date of birth of a list of obligors provided to a financial institution by the office and a list of depositors of a financial institution.
(4) "Obligor" means a person who owes child support.
(5) "Office" means the office of child support.
(6) "Overdue support" means a debt of one-quarter of the annual support obligation or more for maintenance and support of a child or children and the obligor had prior notice of the debt and a prior opportunity to contest the amount owed. "Overdue support" includes spousal support or alimony being collected in conjunction with child support.
(b) Upon written request from the director of the office of child support and provided the institution has the technological capacity to perform a match, a financial institution shall perform a match of obligors who owe overdue child support. The office shall make its computerized information necessary for a match available in a form that is compatible with the technology used by the financial institution that will perform the search. A financial institution shall not be required to perform a match under this section more often than once every quarter.
(c) After completing a match requested under subsection (b) of this section, a financial institution shall notify the office of child support. The notification shall contain the following information, if available to the financial institution through its matching procedure, for each account identified:
(1) The full name, date of birth, and address of the obligor.
(2) The Social Security number of the obligor.
(3) The obligor's account number.
(4) The amount of deposits contained in the obligor's account.
(d) A financial institution shall send a match list compiled under this section to the office at the address designated by the office.
(e) The financial institution shall not provide notice in any form to a depositor contained in a match list submitted to the office under subsection (d) of this section. Failure to provide notice to a depositor shall not constitute a violation of the financial institution's duty of good faith to its customers.
(f) A financial institution may charge the office a fee for services provided under this section; provided that the fee shall not exceed the actual costs incurred by the financial institution.
(g) The information provided by the office to a financial institution under this section shall be confidential and shall be used only for the purpose of carrying out the requirements of this section. (Added 1997, No. 63, § 22, eff. Sept. 1, 1997.)