§ 4105 - Access to information; disclosure and confidentiality
§ 4105. Access to information; disclosure and confidentiality
(a) The office of child support may subpoena from any person or business any information needed to establish, modify, or enforce a child support or parental rights and responsibilities order. The subpoena shall be signed by the director of the office of child support or a designee of the office of child support. It shall be attached to an affidavit which certifies that the person about whom information is sought is the parent of a child based on either a court order or a statutory presumption, that the office of child support has been requested to provide financial information under section 4102 of this title, and that the information sought is needed to establish, modify, or enforce a child support or parental rights and responsibilities order or to determine if such action is necessary.
(b) The office of child support may request any information needed to establish, modify, or enforce a child support or parental rights and responsibilities order or to locate any person alleged to be a parent owing a duty of support from the records of all governmental officials, departments and other governmental agencies of this state without a subpoena. The officials and employees of the departments and other agencies shall provide all such information requested. Only information directly bearing on the identity and whereabouts of parents or alleged parents or their assets or income may be requested, used or transmitted by the office of child support under this section. Any information provided by the tax department shall include information about assets held by or income attributable to the parent jointly with any other person.
(c) Except as otherwise provided in this chapter, chapter 11 of Title 15 and Title 15B, information furnished the office of child support shall be made available only to the person requesting services or to the person's attorney, the person to whom the information relates and the family court. Any other use of the information shall be prohibited. A person who violates this subsection shall be fined not more than $500.00. Any individual aggrieved by a violation of this section may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees and other appropriate relief.
(d) Any person objecting to a subpoena may request an administrative review of its issuance by the office of child support or may request that the subpoena be modified or vacated pursuant to 3 V.S.A. § 809b. A request for review under this subsection shall be brought in family court. Failure to comply with a subpoena may result in enforcement pursuant to 3 V.S.A. § 809a. (Added 1989, No. 221 (Adj. Sess.), § 13; amended 1997, No. 63, § 24, eff. Sept. 1, 1997; 1997, No. 156 (Adj. Sess.), § 26, eff. April 29, 1998.)