25-512. Consumer credit reports; use of child support or spousal maintenance obligation information

381 words·~2 min read·/az/title-25/25-512

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A consumer reporting agency as defined in title 44, chapter 11, article 6 shall include as part of a consumer report information regarding:

1. A court order or judgment obligating a person to pay child support or spousal maintenance.

2. A court order for assignment under section 25-323 or 25-504.

3. An income withholding order issued by the department of economic security or its agent pursuant to section 25-505.01.

B. The state or a person entitled to receive support or spousal maintenance may provide a consumer reporting agency with a copy of a court order or judgment described in this section.

C. The department or its agent may provide a consumer reporting agency with electronic or documentary information that an order or judgment for support or spousal maintenance exists.

D. The department shall report to a consumer reporting agency the name of an obligor who is delinquent in the payment of support and the amount of the support owed.

E. The department shall provide written notice to an obligor that it shall report the amount of the support owed by the obligor to a consumer reporting agency. The department shall provide this notice by first class mail at the obligor's current address, or after a reasonable attempt to ascertain the obligor's location, at the obligor's last known address. The notice shall state the following:

1. The obligor's name and the amount of the arrearage.

2. The address and telephone number of the department or its agent.

3. That the obligor may make a written request to the department or its agent for an administrative review pursuant to section 25-522 to contest the arrearages within fifteen days after the date of mailing of the notice.

4. That if the obligor requests an administrative review the department shall not release the report to the consumer reporting agency until a final determination has been made at the administrative review.

5. That if an obligor requests an administrative review, the issues at the administrative review shall be limited to whether the obligor is required to pay child support, whether the obligor is in arrears and the amount of current support and arrears.

6. That if the obligor does not respond to the notice, the department shall send the report to the consumer reporting agency.