32-1601. CHILD SUPPORT ENFORCEMENT — FINANCIAL INSTITUTION DATA MATCH PROCESS. (1) This chapter is enacted to bring the state into compliance with the requirements of P.L. 104-193, sec. 372, and title IV-D of the social security act and to make the financial institution data match process an effective enforcement tool for use in enforcing past due child support and spousal support.

(2) The department shall:

(a) Establish and maintain a financial institution data match process with financial institutions in compliance with 42 U.S.C. section 666(a)(17);

(b) Define the type of information in the hands of financial institutions pursuant to the agreements with financial institutions which, if available to the department, would improve the effectiveness of child support collection;

(c) Limit authority to engage the matching process and access to all information received to specialized staff in the department and develop written protocol within the department for the foregoing;

(d) Limit data matching by the department to those obligors who are in arrears in an amount equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less;

(e) Provide for statistical verification of the improvement to child support enforcement in this state which results from use of the data match process with the financial institutions;

(f) Design the data match process identified herein in such a manner that it will be the least intrusive, least expensive and most confidential process reasonably possible;

(g) Develop a satisfactory contract term to protect the contracting entities from legal liability for disclosure of information as authorized by statute and to protect the public’s right of action for wrongful disclosure;

(h) Enter into agreements with financial institutions, and pay reasonable compensation, not to exceed actual costs incurred by the financial institutions in developing the data match process and conducting the data match.

(3) Terms of an agreement between the department and a financial institution shall require the financial institution to provide to the department: the name and address of each obligor identified in the matching process, the account number(s) or other means of identifying the asset, the amount and type of asset, the state in which the asset is located, and other information necessary for compliance with federal requirements.

(4) Assets identified under this section may be withheld, attached or garnished as provided by this chapter and otherwise as allowed by law.

(5) The assets which are subject to this section, regardless of location in this or other states, are those on deposit with or held by a financial institution.

(6) Assets in accounts with the obligor as sole owner or with the obligor and spouse as the only co-owners, are subject to withholding up to the lesser of one hundred percent (100%) of the asset or the amount of arrears owed by the obligor, as set forth in the asset withholding order plus any fees pursuant to section 32-1608(2), Idaho Code. Assets in other multiple party accounts are subject to withholding up to the lesser of a proportionate amount of the asset based upon the number of co-owners or the amount of arrears owed by the obligor, as set forth in the asset withholding order, plus any fees pursuant to section 32-1608(2), Idaho Code.

History:

[(32-1601) 56-203F, added 1997, ch. 315, sec. 1, p. 931; am. 1998, ch. 227, sec. 1, p. 776; am. and redesig. 2004, ch. 213, sec. 1, p. 640.]