26B-9-208. Financial institutions.

325 words·~1 min read·/ut/title-26b/chapter-9/26b-9-208

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

Effective 5/3/2023

(1)The office shall enter into agreements with financial institutions doing business in the state:

(a)to develop and operate, in coordination with such financial institutions, a data match system that:

(i)uses automated data exchanges to the maximum extent feasible; and

(ii)requires a financial institution each calendar quarter to provide the name, record address, social security number, other taxpayer identification number, or other identifying information for each obligor who:

(A)maintains an account at the institution; and

(B)owes past-due support as identified by the office by name and social security number or other taxpayer identification number; and

(b)to require a financial institution upon receipt of a notice of lien to encumber or surrender assets held by the institution on behalf of an obligor who is subject to a child support lien in accordance with Section 26B-9-205 .

(2)The office may pay a reasonable fee to a financial institution for compliance with Subsection (1)(a) , which may not exceed the actual costs incurred.

(3)A financial institution may not be liable under any federal or state law to any person for any disclosure of information or action taken in good faith under Subsection

(1).

(4)The office may disclose a financial record obtained from a financial institution under this section only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation.

(5)If an employee of the office knowingly, or by reason of negligence, discloses a financial record of an individual in violation of Subsection

(4), the individual may bring a civil action for damages in a district court of the United States as provided for in the Social Security Act, 42 U.S.C. Sec. 669A.

(6)The office shall provide notice and disburse funds seized or encumbered under this section in accordance with Section 26B-9-205 .

Renumbered and Amended by Chapter 305 , 2023 General Session