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ARTICLE 2. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION;
CHILD SUPPORT ENFORCEMENT DIVISION; ESTABLISHMENT AND 
ORGANIZATION.
§48A-2-1. Creation of support enforcement commission; number of members.
The West Virginia support enforcement commission, consisting of nine members, is hereby
created in the department of health and human resources and may use the administrative support
and services of that department. The commission is not subject to control, supervision or
direction by the department of health and human resources, but is an independent, self-sustaining
commission that shall have the powers and duties specified in this chapter and all other powers
necessary and proper to establish policies and procedures for fully and effectively carrying out the
purposes of administering, regulating, overseeing and enforcing the provisions of this chapter and
chapter forty-eight of this code which relate to the establishment and enforcement of support
obligations.
The commission is a part-time commission whose members make policy and have such other
powers and perform such other duties as specified in this chapter or set forth in legislative rules
promulgated by the commission. The ministerial duties of the commission shall be administered
and carried out by the director of the child support enforcement division, with the assistance of
such staff of the department of health and human resources as the secretary may assign.
Each member of the commission shall devote the time necessary to carry out the duties and
obligations of the office and the six members appointed by the governor may pursue and engage
in another business, occupation or gainful employment that is not in conflict with the duties of the
commission.
While the commission is self-sustaining and independent, it, its members, its employees and
the director are subject to article nine-a of chapter six, chapter six-b, chapter twenty-nine-a and
chapter twenty-nine-b of this code.
§48A-2-2. Appointment of members of support enforcement commission;
qualifications and eligibility.
(a) Of the nine members of the commission, three shall be members by virtue of the public
offices which they hold, and the remaining six members are to be appointed by the governor. No
more than five members of the commission may belong to the same political party:
(1) One member is to be the secretary of the department of health and human resources;
(2) One member is to be the secretary of the department of tax and revenue;
(3) One member is to be the secretary of the department of administration;
(4) One member is to be a lawyer licensed by, and in good standing with, the West Virginia
state bar, with at least five years of professional experience in domestic relations law and the
establishment and enforcement of support obligations;
(5) One member is to be a person experienced as a public administrator in the supervision
and regulation of a governmental agency;
(6) One member is to be an employer experienced in withholding support payments from the
earnings of obligors;
(7) One member is to be a person selected from a list of nominees submitted by the West
Virginia judicial association: Provided, That the list of nominees shall not include any person
currently exercising the powers of the judicial department; and
(8) Two members are to be representatives of the public at large.
(b) Each member of the commission is to be a citizen of the United States, a resident of the
state of West Virginia and at least twenty-one years of age.
§48A-2-3. Terms of commission members; conditions of membership.
(a) The term of office for each member of the commission who serves as a member by virtue
of the public office held is for a period concurrent with that person's tenure in the office. The term
of office for each member of the commission appointed by the governor is four years, except that
for an initial period, the terms of office of the initial six commission members appointed by the
governor commence from an initial date of appointment not later than the first day of July, one
thousand nine hundred ninety-five, and run as follows:
(1) Two members shall be appointed for a term ending on the thirtieth day of June, one
thousand nine hundred ninety-seven;
(2) Two members shall be appointed for terms ending on the thirtieth day of June, one
thousand nine hundred ninety-eight; and
(3) Two members shall be appointed for terms ending on the thirtieth day of June, one
thousand nine hundred ninety-nine.
(b) After the initial appointments made pursuant to the provisions of subdivisions (1), (2) and
(3), subsection (a) of this section, members appointed by the governor shall thereafter be
appointed or reappointed for terms of office which end on the thirtieth day of June in the fourth
year following the expiration date of the previous term or terms.
(c) Appointments to fill vacancies on the commission are for the unexpired term of the
member replaced. 
(d) At the expiration of a member's term, the member shall continue to serve until a successor
is appointed and qualified.
§48A-2-4. Oath.
Before entering upon the discharge of the duties as commissioner, each commissioner shall
take and subscribe to the oath of office prescribed in section five, article IV of the constitution of
West Virginia.
§48A-2-5. Commission chairman.
In making the initial appointments to the commission, the governor shall designate a member
to serve as chairman for a term ending on the thirtieth day of June, one thousand nine hundred
ninety-six. The member so designated shall serve in such capacity until his or her successor as
chairman is elected by the commission as hereinafter provided.
Following the term of the initial chairman, thereafter the chairman shall be elected by the
commission from among its members, and the member so elected shall: (1) Serve as chairman for
a term of two years and until his or her successor shall have been elected; or (2) shall serve in
such capacity throughout his or her service as a member of the commission, whichever period is
shorter. In the event that a successor chairman is not elected by the commission members within
ninety calendar days after the expiration of a chairman's term, a vacancy shall be deemed to exist,
and the governor shall designate a chairman from among the members of the commission. A
member may not serve more than two consecutive terms as chairman.
§48A-2-6. Compensation of members; reimbursement for expenses.
(a) Each member of the commission shall receive one hundred dollars for each day or portion
thereof spent in the discharge of his or her official duties.
(b) Each member of the commission shall be reimbursed for all actual and necessary
expenses and disbursements involved in the execution of official duties.
§48A-2-7. Meeting requirements.
(a) The commission shall meet within the state at least once per calendar quarter and at such
other times as the chairman may decide. The commission shall also meet upon a call of five or
more members upon seventy-two hours written notice to each member.
(b) Five members of the commission are a quorum for the transaction of any business and for
the performance of any duty.
(c) A majority vote of the members present is required for any final determination by the
commission.
(d) The commission may elect to meet in executive session after an affirmative vote of a
majority of its members present according to section four, article nine-a, chapter six of this code.
(e) The commission shall keep a complete and accurate record of all its meetings according
to section five, article nine-a, chapter six of this code.
§48A-2-8. Removal of commission members.
Notwithstanding the provisions of section four, article six, chapter six of this code, the
governor may remove any commission member for incompetence, misconduct, gross immorality,
misfeasance, malfeasance or nonfeasance in office.
§48A-2-9. General duties of support enforcement commission.
The support enforcement commission shall have general responsibility for establishing policies
and procedures for obtaining and enforcing support orders and establishing paternity according to
this chapter, as hereinafter provided, including, without limitation, the responsibility for the
following:
(a) To propose for promulgation, according to the provisions of chapter twenty-nine-a of this
code, such legislative rules as in its judgment may be necessary to fulfill the policies of this
chapter;
(b) To undertake directly, or by contract, legal or policy research related to obtaining and
enforcing support orders and establishing paternity;
(c) To serve as a clearinghouse for information;
(d) To keep a record of all commission proceedings available for public inspection;
(e) To file a written annual report to the governor, the president of the Senate and the
speaker of the House of Delegates on or before the thirtieth day of January of each year, and
such additional reports as the governor or Legislature may request.
§48A-2-10. General powers of support enforcement commission.
In establishing policies and procedures for enforcing the provisions of this chapter, the
commission shall have the following power and authority:
(1) To establish and maintain procedures under which expedited processes, administrative or
judicial, are in effect for obtaining and enforcing support orders and establishing paternity
according to this chapter;
(2) To monitor the child support enforcement system of this state and from time to time to
advise the child support enforcement division and other agencies of the state of West Virginia
regarding the establishment and enforcement of child support orders;
(3) To promulgate all emergency and legislative rules pursuant to chapter twenty-nine-a of
this code as are required by this chapter: Provided, That all rules which are in effect at the time
of the implementation of this section shall continue in full force and effect until the commission
promulgates a rule or rules regarding the same subject matter;
(4) To promulgate legislative rules pursuant to chapter twenty-nine-a of this code establishing
guidelines for child support awards;
(5) To promulgate legislative rules pursuant to chapter twenty-nine-a of this code relating to
the structure of the child support enforcement division, including, but not limited to, the
designation of administrative and legal tasks and the location of offices for the division throughout
the state. This rule shall constitute an emergency rule within the meaning of section fifteen, article
three, chapter twenty-nine-a of this code;
(6) To adopt standards for staffing, recordkeeping, reporting, intergovernmental cooperation,
training, physical structures and time frames for case processing;
(7) To review the state plan for child and spousal support to determine its conformance or
nonconformance with the provisions of 42 U.S.C. §654, and make recommendations or to
promulgate legislative rules based upon such review;
(8) To cooperate with judicial organizations and the private bar to provide training to persons
involved in the establishment and enforcement of child support orders;
(9) To study the issues involving retroactive and reimbursement child support payments which
are ordered following the establishment of paternity and to make a recommendation to the
Legislature on or before the first day of December, one thousand nine hundred ninety-five,
regarding any statutory or regulatory action which should be implemented to ensure that fathers
are not ordered to pay retroactive or reimbursement child support or medical expenses when
such payments would be unconscionable or inequitable given the totality of the circumstances
arising from the facts of a given case; and
(10) To promulgate such further legislative rules pursuant to chapter twenty-nine-a of this
code which may aid the child support enforcement division in the establishment and enforcement
of child support orders. In addition to the specific designation of such rules that constitute
emergency rules within the meaning of section fifteen, article three, chapter twenty-nine-a of this
code, the commission may promulgate other rules as emergency rules when such rule is necessary
to ensure that the state is awarded federal funds for the actions described in the rule or when the
promulgation of such rule is necessary to prevent substantial harm to the public interest by
ensuring that child support is timely collected and disbursed.
§48A-2-11. Required rule making.
The commission shall, without limitation on the powers conferred in section ten of this article,
include within its legislative rules the following specific provisions according to the provisions of
this chapter:
(1) Prescribing the methods and forms of proposal that a prospective contractor shall follow
and complete before consideration of a proposal by the commission, which rules shall require
such plans as shall assure the commission that the proposal conforms with the requirements of this
chapter and all applicable federal statutes and regulations;
(2) Prescribing standards and guidelines for contractors providing professional services to
ensure the maintenance of the highest quality of service and professional standards, the
preservation of the attorney-client relationship, and the protection of the integrity of the
adversarial process from any impairment in furnishing legal representation;
(3) Requiring the division, and any contractors providing professional services or collection
services to the division, to adopt procedures for the provision of such services which will best
advance the needs and interests of the obligees and dependents who seek assistance in obtaining
and enforcing support orders and establishing paternity according to this chapter, without regard
to whether such procedures optimize or maximize the profits derived by the contractor or result in
the payment of reimbursements or financial incentives to the division;
(4) Prescribing standards and guidelines for contractors providing professional services to
ensure that appropriate training and support services are provided to employees of the contractor
who are engaged in activities to obtain and enforce support orders and establish paternity
according to this chapter;
(5) Prescribing minimum procedures for the exercise of effective control over the internal
fiscal affairs of a contractor providing collection services, including provisions for the safeguarding
of support payments, the recording of receipts and evidence of nonpayment by obligors, and the
maintenance of reliable records, accounts and reports of transactions, operations and events,
including reports to the commission;
(6) Providing for a minimum uniform standard of accounting methods, procedures and forms;
a uniform code of accounts and accounting classifications; and other standard operating
procedures, as may be necessary to assure consistency, comparability and effective disclosure of
all financial information by a contractor providing collection services; and
(7) Requiring periodic financial reports and the form thereof, including an annual audit
prepared by a certified public accountant licensed to do business in this state, attesting to the
financial condition of a contractor providing collection services and disclosing whether the
accounts, records and control procedures examined are maintained by the contractor as required
by this chapter.
§48A-2-12. Establishment of the child support enforcement division; cooperation
with the division of human services; continuation.
(a) Effective the first day of July, one thousand nine hundred ninety-five, there is hereby
established in the department of health and human resources the child support enforcement
division. The division is under the immediate supervision of the director, who is responsible for
the exercise of the duties and powers assigned to the division under the provisions of this chapter.
The division is designated as the single and separate organizational unit within this state to
administer the state plan for child and spousal support according to 42 U.S.C. §654(3).
(b) The division of human services shall cooperate with the child support enforcement
division. At a minimum, such cooperation shall require that the division of human services:
(1) Notify the child support enforcement division when the division of human services
proposes to terminate or provide public assistance payable to any obligee;
(2) Receive support payments made on behalf of a former or current recipient to the extent
permitted by Title IV-D, Part D of the Social Security Act; and
(3) Accept the assignment of the right, title or interest in support payments and forward a
copy of the assignment to the child support enforcement division.
(c) Pursuant to the provisions of article ten, chapter four of this code, the child support
enforcement division shall continue to exist until the first day of July, two thousand.
§48A-2-13. Appointment of director; duties; compensation.
(a) There is hereby created the position of director whose duties include the ministerial
management and administration of the office of the support enforcement commission. The
director shall:
(1) Be appointed by the secretary;
(2) Serve at the will and pleasure of the secretary;
(3) Serve on a full-time basis and shall not engage in any other profession or occupation,
including the holding of a political office in the state either by election or appointment, while
serving as director;
(4) Be a lawyer licensed by, and in good standing with, the West Virginia state bar; and
(5) Have responsible administrative experience, possess management skills, and have
knowledge of the law as it relates to domestic relations and the establishment and enforcement of
support obligations.
Before entering upon the discharge of the duties as commissioner, the director shall take and
subscribe to the oath of office prescribed in section five, article IV of the constitution of West
Virginia.
(b) The duties of the director shall include the following:
(1) To direct and administer the daily operations of the commission;
(2) To administer the child support enforcement fund created pursuant to section eighteen of
this article;
(3) To keep the records and papers of the commission, including a record of each
proceeding;
(4) To prepare, issue and submit reports of the commission; and
(5) To perform any other duty that the commission directs.
(c) All payments to the director as compensation shall be made from the child support
enforcement fund. The director is entitled to:
(1) A reasonable and competitive compensation package to be established by the secretary;
and
(2) Reimbursement for expenses under the standard state travel regulations.
§48A-2-14. Organization and employees.
(a) The director shall organize the work of the division in such offices or other organizational
units as he or she may determine to be necessary for effective and efficient operation.
(b) The secretary may transfer employees and resources of the department to the child
support enforcement division as may be necessary to fulfill the duties and responsibilities of the
division under this chapter: Provided, That the secretary may not transfer employees of other
divisions and agencies within the department to the child support enforcement division without a
prior finding that the office or position held by the employee may be eliminated and until the office
or position is, in fact, eliminated. On the first day of July, one thousand nine hundred ninety-five,
the secretary shall transfer and allocate to the division all functions, offices, personnel and
equipment of the child advocate office previously created within the division of human services by
the prior enactment of section one of this article.
(c) The director, if he or she deems such action necessary, may hire legal counsel for the
division, notwithstanding the provisions of section two, article three, chapter five of this code or
any other code provision to the contrary, or may request the attorney general to appoint assistant
attorneys general who shall perform such duties as may be required by the division. The attorney
general, in pursuance of such request, may select and appoint assistant attorneys general, to serve
during the will and pleasure of the attorney general, and such assistants shall be paid out of any
funds allocated and appropriated to the child support enforcement fund.
(d) The director may employ such staff or employees as may be necessary to administer and
enforce this chapter.
§48A-2-15. Supervisory responsibilities within the child support enforcement
division.
The director shall have control and supervision of the child support enforcement division and
shall be responsible for the work of each of its organizational units. Each organizational unit shall
be headed by an employee of the division appointed by the director who shall be responsible to
the director for the work of his or her organizational unit.
§48A-2-16. General duties and powers of the child support enforcement division.
In carrying out the policies and procedures for enforcing the provisions of this chapter, the
division shall have the following power and authority:
(1) To undertake directly, or by contract, activities to obtain and enforce support orders and
establish paternity;
(2) To undertake directly, or by contract, activities to establish paternity for minors for whom
paternity has not been acknowledged by the father or otherwise established by law;
(3) To undertake directly, or by contract, activities to collect and disburse support payments;
(4) To contract for professional services with any person, firm, partnership, professional
corporation, association or other legal entity to provide representation for the division and the
state in administrative or judicial proceedings brought to obtain and enforce support orders and
establish paternity;
(5) To ensure that activities of a contractor under a contract for professional services are
carried out in a manner consistent with attorneys' professional responsibilities as established in the
rules of professional conduct as promulgated by the supreme court of appeals;
(6) To contract for collection services with any person, firm, partnership, corporation,
association or other legal entity to collect and disburse amounts payable as support;
(7) To ensure the compliance of contractors and their employees with the provisions of this
chapter and legislative rules promulgated pursuant to this chapter, and to terminate, after notice
and hearing, the contractual relationship between the division and a contractor who fails to
comply;
(8) To require a contractor to take appropriate remedial or disciplinary action against any
employee who has violated or caused the contractor to violate the provisions of this chapter, in
accordance with procedures prescribed in legislative rules promulgated by the commission;
(9) To locate parents who owe a duty to pay child support;
(10) To cooperate with other agencies of this state and other states to search their records to
help locate absent parents;
(11) To cooperate with other states in establishing and enforcing support obligations;
(12) If the child support enforcement division is transferred to the department of tax and
revenue pursuant to section forty-two of this article, the director of the child support enforcement
division may exercise any power available to him or her as director, or to the tax commissioner,
in order to accomplish the purposes of this chapter, including, but not limited to, the powers
associated with gaining access to all information gained and maintained by the department of tax
and revenue in the collection of taxes, and any and all powers to levy, through distraint or seizure
by any means, upon all property or rights to property without the need to obtain a separate court
order for the attachment;
(13) To exercise such other powers as may be necessary to effectuate the provisions of this
chapter.
§48A-2-17. Notice to unemployed obligor.
Upon receipt of a report from an employer stating that a support obligor has been discharged
or laid off or has resigned or voluntarily quit, the child support enforcement division shall send a
notice to the obligor, informing the obligor of the availability of a modification of the support
award and of the services that may be available to him or her from the division. The division shall
also inform the obligor of his or her possible entitlement to a reduction in court-ordered support
payments; that a failure to obtain a modification will result in the previously-ordered award
remaining in effect; and that substantial arrearage might accumulate and remain as judgments
against him or her.
§48A-2-18. Creation of child support enforcement fund; purpose; funding;
disbursements.
(a) There is hereby created in the state treasury a separate special revenue account, which
shall be an interest bearing account, to be known as the "child support enforcement fund". The
special revenue account shall consist of all incentive payments paid by the federal government
pursuant to 42 U.S.C §658 as a percentage of the total amount of support collected directly or
by contract by the child support enforcement division, all amounts appropriated by the
Legislature to maintain and operate the child support enforcement division according to this
chapter, and all interest or other earnings from moneys in the fund. Any agency or entity receiving
federal matching funds for services of the child support enforcement division shall enter into an
agreement with the secretary whereby all federal matching funds paid to and received by that
agency or entity for the activities of the child support enforcement division shall be paid into the
child support enforcement fund. Said agreement shall provide for advance payments into the fund
by such agencies, from available federal funds, pursuant to Title IV-D of the Social Security Act
and in accordance with federal regulations. No expenses incurred under this section shall be a
charge against the general funds of the state.
(b) Moneys in the special revenue account shall be appropriated to the department and used
exclusively, in accordance with appropriations by the Legislature, to pay costs, fees and expenses
incurred, or to be incurred for the following purpose: The provision of child support services
authorized pursuant to Title VI, Part D of the Social Security Act and any further duty as set forth
in this chapter, including, but not limited to, the duties assigned to the division by virtue of its being
designated as the single and separate organizational unit within this sate to administer the state
plan for child and spousal support according to section twelve of this article.
(c) Any balance remaining in the special revenue account at the end of any state fiscal year
shall not revert to the general revenue fund but shall remain in the special revenue account and
shall be used solely in a manner consistent with this section: Provided, That for the three
succeeding fiscal years after the effective date of this section, any appropriation made to the
special revenue account from general revenue shall be repaid to the general revenue fund from
moneys available in the special revenue account.
(d) Disbursements from the special revenue account shall be authorized by the director.
§48A-2-19. Fees.
(a) When the child support enforcement division provides child support collection services
either to a public assistance recipient or to a party who does not receive public assistance, the
child support enforcement division shall, upon written notice to the obligor, charge a monthly
collection fee equivalent to the full monthly cost of the services, in addition to the amount of child
support which was ordered by the court. The fee shall be deposited in the child support
enforcement fund. The service fee assessed may not exceed ten percent of the monthly court
ordered child support and may not be assessed against any obligor who is current in payment of
the monthly court ordered child support payments: Provided, That this fee may not be assessed
when the obligor is also a recipient of public assistance.
(b) Except for those persons applying for services provided by the child support enforcement
division who are applying for or receiving public assistance from the division of human services or
persons for whom fees are waived pursuant to a legislative rule promulgated pursuant to this
section, all applicants shall pay an application fee of twenty-five dollars.
(c) Fees imposed by state and federal tax agencies for collection of overdue support shall be
imposed on the person for whom these services are provided. Upon written notice to the obligee
the child support enforcement division shall assess a fee of twenty-five dollars to any person not
receiving public assistance for each successful federal tax interception. The fee shall be withheld
prior to the assistance for each successful federal tax interception. The fee shall be withheld prior
to the release of the funds received from each interception and deposited in the child support
enforcement fund established pursuant to section eighteen of this article.
(d) In any action brought by the child support enforcement division, the family law master
shall order that the obligor shall pay attorney fees for the services of the attorney representing the
child support enforcement division in an amount calculated at a rate similar to the rate paid to
court appointed attorneys paid pursuant to section thirteen-a, article twenty-one, chapter
twenty-nine of this code, and all court costs associated with the action: Provided, That no such
award shall be made when the family law master or circuit judge finds that the award of attorneys
fees would create a substantial financial hardship on the obligor or when the obligor is a recipient
of public assistance. Further, the child support enforcement division may not collect such fees
until the obligor is current in the payment of child support. No court may order the child support
enforcement division to pay attorney's fees to any party in any action brought pursuant to this
chapter or chapter forty-eight of this code.
(e) This section shall not apply to the extent it is inconsistent with the requirements of federal
law for receiving funds for the program under Title IV-A and Title IV-D of the Social Security
Act, United States Code, article three, Title 42, Sections 601 to 613 and United States Code,
Title 42, Sections 651 to 662.
(f) The commission shall, by legislative rule promulgated pursuant to chapter twenty-nine-a of
this code, describe the circumstances under which fees charged by the child support enforcement
division may be modified or waived, and such rule shall provide for the waiver of any fee, in
whole or in part, when such fee would otherwise be required to be paid under the provisions of
this chapter. Further, such rule shall initially be promulgated as an emergency rule pursuant to
section fifteen, article three, chapter twenty-nine-a of this code.
§48A-2-20. Contracts for services.
(a) Contracts with persons, firms, partnerships, corporations, associations or other legal
entities to provide services to the child support enforcement division shall, at a minimum:
(1) Provide for the employment and training of personnel necessary to perform the services;
(2) Provide that any federal incentive payment that is payable shall be payable to the fund
established pursuant to section eighteen of this article;
(3) Delegate responsibility that is consistent with the rules promulgated pursuant to this article;
(4) Include any and all provisions required by state or federal law and specifically include
terms regarding cancellation and renewal of the contract;
(5) Provide for the assessment of penalties for the failure to fully or timely provide services
included in the agreement;
(6) Prohibit the assignment of the contract or the subcontracting of services to be provided
under the contract without first obtaining the express written approval of the director;
(7) Provide that the contractor consents to performance audits of its operations by the
performance evaluation and research division, legislative auditor's office of the West Virginia
Legislature; and
(8) Establish reasonable administrative and fiscal requirements for providing and continuing
services and reimbursement.
(b) Prior to entering into such agreement, the director shall provide all proposals to the
members of the commission who may review and comment on those proposals.
(c) The director shall enter into such agreement only when the director finds that based upon
the information provided to the director and upon the comments made by members of the
commission, that the provider of services is capable of carrying out the responsibilities of the
agreement.
(d) All contracts entered into pursuant to this section shall meet all requirements for such
agreements as detailed in article three, chapter five-a of this code: Provided, That when the
commission, after reviewing any contract, finds that the contract meets all requirements as set
forth in this section and further that the child support enforcement division should enter into such
contract, the contract shall not be subject to the requirements as detailed in article three, chapter
five-a of this code.
(e) Any agreement entered into pursuant to this section may include a provision relating to the
loan of equipment in the possession of the child support enforcement division.
§48A-2-21. Attorneys representing state.
(a) Attorneys employed by the child support enforcement division may represent this state or
another state in an action brought under the authority of federal law of this chapter.
(b) An attorney employed by the child support enforcement division or employed by a
person or agency or entity pursuant to a contract with the child support enforcement division
represents the interest of the state or the division and not the interest of any other party. The child
support enforcement division shall, at the time an application for child support services is made,
inform the applicant that any attorney who provides services for the child support enforcement
division is the attorney for the state of West Virginia and that the attorney providing those
services does not provide legal representation to the applicant.
(c) An attorney employed by the child support enforcement division or pursuant to a contract
with the child support enforcement division may not be appointed or act as a guardian ad litem or
attorney ad litem for a child or another party.
§48A-2-22. Establishment of parent locator service.
(a) The child support enforcement division shall establish a parent locator service to locate
individuals for the purposes of establishing parentage and of establishing, modifying or enforcing
child support obligations, utilizing all sources of information and available records and the parent
locator service in the federal department of health and human services. For purposes of obtaining
information from the parent locator service, any person, agency or entity providing services to the
child support enforcement division pursuant to a contract that includes a provision to ensure that
the confidentiality of information is maintained shall be deemed to be an agent of the child support
enforcement division.
(b) Upon entering into an agreement with the secretary of the federal department of health
and human services for the use of that department's parent locator service, the child support
enforcement division shall accept and transmit to the secretary of the federal department of health
and human services requests from authorized persons for information with regard to the
whereabouts of a noncustodial obligor to be furnished by such federal parent locator service. For
purposes of this subsection, "authorized persons" means: (1) An attorney or agent of the child
support enforcement division; (2) a family law master or circuit judge or any agent thereof; or (3)
a resident parent, legal guardian, attorney or agent for a child. The child support enforcement
division shall charge a reasonable fee sufficient to cover the costs to the state and to the federal
department of health and human services incurred by reason of such requests, and shall transfer
to that department from time to time, so much of the fees collected as are attributable to the costs
incurred by that department.
(c) The information obtained by the child support enforcement division from the federal
parent locator service shall be used for, but not limited to, the following purposes:
(1) Establishing parentage and establishing, setting the amount of, modifying or enforcing child
support obligations;
(2) Obtaining and transmitting information to any family law master or circuit court or agent
thereof or to an attorney or employee of the United States or of any state responsible for
enforcing any federal or state law with respect to the unlawful taking or restraint of a child or
making or enforcing a child custody or visitation determination.
(d) The child support enforcement division may request from the federal parent locator
service information:
(1) About, or which will facilitate the discovery of information about, the location of any
individual: (A) Who is under an obligation to pay child support; (B) against whom such an
obligation is sought; or (C) to whom such an obligation is owed, including the individual's social
security number, or numbers, most recent address, and the name, address and employer
identification number of the individual's employer;
(2) Concerning the individual's wages or other income from, and benefits of, employment,
including rights to or enrollment in group health care coverage; and
(3) Concerning the type, status, location and amount of any assets of, or debts owed by or
to, any such individual.
(e) A circuit court shall have jurisdiction to hear and determine, upon a petition by an
authorized person, as defined in subsection (b) of this section, whether the release of information
from the federal parent locator service to that person could be harmful to the custodial parent or
the child.
§48A-2-23. Cooperation with other states in the enforcement of child support.
(a) The child support enforcement division shall cooperate with any other state in the
following:
(1) In establishing paternity;
(2) In locating an obligor residing temporarily or permanently in this state, against whom any
action is being taken for the establishment of paternity or the enforcement of child and spousal
support;
(3) In securing compliance by an obligor residing temporarily or permanently in this state,
with an order issued by a court of competent jurisdiction against such obligor for the support and
maintenance of a child or children or the parent of such child or children; and
(4) In carrying out other functions necessary to a program of child and spousal support
enforcement.
(b) The commission shall, by legislative rule, establish procedures necessary to extend the
child support enforcement divisions' system of withholding under section three, article five of this
chapter so that such system may include withholding from income derived within this state in
cases where the applicable support orders were issued in other states, in order to assure that
child support owed by obligors in this state or any other state will be collected without regard to
the residence of the child for whom the support is payable or the residence of such child's
custodial parent.
§48A-2-24. Disbursements of amounts collected as support.
(a) Amounts collected as child or spousal support by the child support enforcement division
shall be distributed within two business days after receipt from the employer or other source of
periodic income. Such amounts shall, except as otherwise provided under the provisions of
subsection (c) of this section, be distributed as follows:
(1) Any amounts which are collected periodically which represent monthly support payments
shall be paid by the child support enforcement division to the appropriate administrative unit of
the department of health and human resources to reimburse it for assistance payments to the
family during that period (with appropriate reimbursement of the federal government to the extent
of its participation in the financing);
(2) Amounts in excess of amounts required to reimburse the department of health and human
resources under subdivision (1) of this subsection and not in excess of the amount required to be
paid during such period to the family by a court order shall be paid to the obligee; and
(3) Amounts in excess of amounts required to be distributed under subdivisions (1) and (2) of
this subsection shall be: (A) Paid by the child support enforcement division to the appropriate
administrative unit of the department of health and human resources (with appropriate
reimbursement of the federal government to the extent of its participation in the financing) as
reimbursement for any past assistance payments made to the family for which the department has
not been reimbursed; or (B) if no assistance payments have been made by the department which
have not been repaid, such amounts shall be paid to the obligee.
(b) (1) Whenever a family for whom support payments have been collected and distributed
under the provisions of this chapter ceases to receive assistance from the department of health
and human resources, the child support enforcement division shall provide notice to the family of
their rights with regard to a continuation of services. Unless notified by the family that services are
no longer desired, the child support enforcement division shall continue to collect amounts of
support payments which represent monthly support payments from the obligor and pay any
amount so collected, which represents monthly support payments, to the family (without requiring
any formal reapplication and without the imposition of any application fee) on the same basis as in
the case of other obligees who are not receiving assistance from the department of health and
human resources.
(2) So much of any amounts of support so collected shall be paid, first, to the obligee until all
past due support owed to the family by the obligor has been paid. After all arrearages owing to
the family have been paid, any amounts of support collected which are in excess of the required
support payments shall be distributed in the manner provided by paragraphs (A) and (B),
subdivision (3), subsection (a) of this section with respect to excess amounts described in said
subsection.
(c) Notwithstanding the preceding provisions of this section, amounts collected by the child
support enforcement division as child support for months in any period on behalf of a child for
whom the department of health and human resources is making foster care maintenance payments
shall:
(1) Be paid by the child support enforcement division to the appropriate administrative unit of
the department of health and human resources to the extent necessary to reimburse the
department for foster care maintenance payments made with respect to the child during such
period (with appropriate reimbursement of the federal government to the extent of its
participation in financing);
(2) Be paid to the appropriate administrative unit of the department of health and human
resources to the extent that the amounts collected exceed the foster care maintenance payments
made with respect to the child during such period but do not exceed the amounts required by a
court order to be paid as support on behalf of the child during such period; and the department of
health and human resources may use the payments in the manner it determines will serve the best
interests of the child, including setting such payments aside for the child's future needs or making
all or a part thereof available to the person responsible for meeting the child's day-to-day needs;
and
(3) Be paid to the appropriate administrative unit of the department of health and human
resources if any portion of the amounts collected remains after making the payments required
under paragraphs (1) and (2) of this subsection, to the extent that such portion is necessary to
reimburse the department of health and human resources (with appropriate reimbursement to the
federal government to the extent of its participation in the financing), for any past foster care
maintenance payments or payments of aid to families with dependent children or temporary
assistance to needy families which were made with respect to the child (and with respect to which
past collections have not previously been retained);
(d) The commission shall establish bonding requirements for employees of the child support
enforcement division who receive, disburse, handle or have access to cash.
(e) The director shall maintain methods of administration which are designed to assure that
employees of the child support enforcement division or any persons employed pursuant to a
contract who are responsible for handling cash receipts do not participate in accounting or
operating functions which would permit them to conceal in the accounting records the misuse of
cash receipts: Provided, That the director may provide for exceptions to this requirement in the
case of sparsely populated areas in this state where the hiring of unreasonable additional staff in
the local office would otherwise be necessary.
(f) No penalty or fee may be collected by or distributed to a recipient of child support
enforcement division services from the state treasury or from the child support enforcement fund
when child support is not distributed to the recipient in accordance with the time frames
established herein.
(g) For purposes of this section, "business day" means a day on which state offices are open
for regular business.
§48A-2-24a. Amounts collected as support to be disbursed to person having custody;
procedure for redirecting disbursement of payments where physical custody 
transferred to a person other than the custodial parent.
(a) Any payment required to be made under the provisions of section twenty-four of this
article to a family shall be made to the resident parent, legal guardian or caretaker relative having
custody of or responsibility for the child or children.
(b) Where physical custody of the child has been transferred from the custodial parent to
another person, the child support enforcement division may redirect disbursement of support
payments to such other person, on behalf of the child, in the following circumstances:
(1) Where the noncustodial parent has physical custody of the child, excluding visitation,
upon filing with the child support enforcement division:
(A) An affidavit attesting that the noncustodial parent has obtained physical custody of the
child, describing the circumstances under which the transfer of physical custody took place, and
stating that he or she anticipates that his or her physical custody of the child will continue for the
foreseeable future; and
(B) Documentary proof that the noncustodial parent has instituted proceedings in circuit court
for a modification of legal custody.
(2) Where a person other than the custodial or noncustodial parent has physical custody of
the child, excluding visitation, filing with the child support enforcement division:
(A) An affidavit attesting that the person has obtained physical custody of the child,
describing the circumstances under which the transfer of physical custody took place, and stating
that he or she anticipates that his or her physical custody of the child will continue for the
foreseeable future; and
(B) Documentary proof that the person claiming physical custody is currently the person
responsible for the child by producing at least one of the following:
(i) School records demonstrating that school authorities consider the person claiming physical
custody the adult responsible for the child;
(ii) Medical records demonstrating that the person claiming physical custody is empowered to
make medical decisions on behalf of the child;
(iii) Documents from another public assistance agency showing that the person claiming
physical custody is currently receiving other public assistance on behalf of the child;
(iv) A notarized statement from the custodial parent attesting to the fact that he or she has
transferred physical custody to the person;
(v) A verifiable order of a court of competent jurisdiction transferring physical or legal
custody to the person;
(vi) Documentation that the person claiming physical custody has filed a petition in circuit
court to be appointed the child’s guardian;
(vii) Documentation that the child, if over the age of fourteen, has instituted proceedings in
circuit court to have the person claiming physical custody nominated as his or her guardian; or
(viii) Any other official documents of a federal, state or local agency or governing body
demonstrating that the person currently has physical custody of the child and has taken action
indicating that he or she anticipates such physical custody to continue in the foreseeable future.
(c) The child support enforcement division shall mail, by first class mail, a copy of the affidavit
and supporting documentary evidence required under subsection (b) of this section, to the circuit
court which issued the support order being enforced by child support enforcement division and to
the parties to the order, at their last known addresses, together with a written notice stating that
any party has ten days to object to the redirection of support payments by filing an affidavit and
evidence showing that the person seeking redirection of the payments does not have physical
custody of the child. If no objection is received by the child support enforcement division by the
end of the ten-day period, the division may order payments redirected to the person claiming
physical custody for the benefit of the child. If a responsive affidavit and supporting evidence is
filed within the ten-day period and, in the opinion of the child support enforcement division, either
disproves the claim of the person seeking redirection of support payments or raises a genuine
issue of fact as to whether the person has actual physical custody of the child, the child support
enforcement division shall continue to forward support payments to the custodial parent. Any
person who disagrees with the determination of the child support enforcement division may
petition the circuit court for modification of the child support order.
(d) Any person who files a false affidavit pursuant to this section shall be guilty of false
swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
§48A-2-25. Payment of support to the child support enforcement division.
All support payments owed to an obligee who is an applicant for or recipient of the services
of the child support enforcement division shall be paid to the child support enforcement division.
Any other obligee owed a duty of support under the terms of a support order entered by a court
of competent jurisdiction may request that the support payments be made to the child support
enforcement division. In such case, the child support enforcement division shall proceed to
receive and disburse such support payments to or on behalf of the obligee as provided by law.
§48A-2-26. Authorization for data processing and retrieval system.
In accordance with an initial and annually updated advance data processing planning
document approved by the secretary of the federal department of health and human services, the
child support enforcement division may establish an automatic data processing and retrieval
system designed effectively and efficiently to assist the director in carrying out the provisions of
this chapter.
§48A-2-27. Obtaining support from federal tax refunds.
The commission shall, by legislative rule promulgated pursuant to chapter twenty-nine-a of
this code, place in effect procedures necessary for the child support enforcement division to
obtain payment of past due support from federal tax refunds from overpayments made to the
secretary of the treasury of the United States. The child support enforcement division shall take
all steps necessary to implement and utilize such procedures.
§48A-2-28. Obtaining support from state income tax refunds.
(a) The tax commissioner shall establish procedures necessary for the child support
enforcement division to obtain payment of past due support from state income tax refunds from
overpayment made to the tax commissioner pursuant to the provisions of article twenty-one,
chapter eleven of this code.
(b) The commission shall, by legislative rule promulgated pursuant to chapter twenty-nine-a
of this code, establish procedures necessary for the child support enforcement division to enforce
a support order through a notice to the tax commissioner which will cause any refund of state
income tax which would otherwise be payable to an obligor to be reduced by the amount of
overdue support owed by such obligor.
(1) Such legislative rule shall, at a minimum, prescribe:
(A) The time or times at which the child support enforcement division shall serve on the
obligor or submit to the tax commissioner notices of past due support;
(B) The manner in which such notices shall be served on the obligor or submitted to the tax
commissioner;
(C) The necessary information which shall be contained in or accompany the notices;
(D) The amount of the fee to be paid to the tax commissioner for the full cost of applying the
procedure whereby past due support is obtained from state income tax refunds; and
(E) Circumstances when the child support enforcement division may deduct a twenty-five
dollar fee from the obligor's state income tax refund. Such rule may not require that an applicant
who is a recipient of assistance from the department of human services in the form of aid to
families with dependent children.
(2) Withholding from state income tax refunds may not be pursued unless the child support
enforcement division has examined the obligor's pattern of payment of support and the obligee's
likelihood of successfully pursuing other enforcement actions, and has determined that the amount
of past due support which will be owed, at the time the withholding is to be made, will be one
hundred dollars or more. In determining whether the amount of past due support will be one
hundred dollars or more, the child support enforcement division shall consider the amount of all
unpaid past due support, including that which may have accrued prior to the time that the child
support enforcement division first agreed to enforce the support order.
(c) The director of the child support enforcement division shall enter into agreements with the
secretary of the treasury and the tax commissioner, and other appropriate governmental agencies,
to secure information relating to the social security number or numbers and the address or
addresses of any obligor, in order to provide notice between such agencies to aid the child
support enforcement division in requesting state income tax deductions, and to aid the tax
commissioner in enforcing such deductions. In each such case, the tax commissioner, in
processing the state income tax deduction, shall notify the child support enforcement division of
the obligor's home address and social security number or numbers. The child support
enforcement division shall provide this information to any other state involved in processing the
support order.
(d) For the purposes of this section, "past due support" means the amount of unpaid past due
support owed under the terms of a support order to or on behalf of a child, or to or on behalf of
a minor child and the parent with whom the child is living, regardless of whether the amount has
been reduced to judgment or not.
(e) The child support enforcement division may, under the provisions of this section, enforce
the collection of past due support on behalf of a child who has reached the age of majority.
(f) The legislative rule promulgated by the commission pursuant to the provisions of this
section and pursuant to chapter twenty-nine-a of this code, shall, at a minimum, provide that prior
to notifying the tax commissioner of past due support, a notice to the obligor as prescribed under
subsection (a) of this section shall:
(1) Notify the obligor that a withholding will be made from any refund otherwise payable to
such obligor;
(2) Instruct the obligor of the steps which may be taken to contest the determination of the
child support enforcement division that past due support is owed or the amount of the past due
support; and
(3) Provide information with respect to the procedures to be followed, in the case of a joint
return, to protect the share of the refund which may be payable to another person.
(g) If the child support enforcement division is notified by the tax commissioner that the
refund from which withholding is proposed to be made is based upon a joint return, and if the
past due support which is involved has not been assigned to the department of human services,
the child support enforcement division may delay distribution of the amount withheld until such
time as the tax commissioner notifies the child support enforcement division that the other person
filing the joint return has received his or her proper share of the refund, but such delay shall not
exceed six months.
(h) In any case in which an amount is withheld by the tax commissioner under the provisions
of this section and paid to the child support enforcement division, if the child support enforcement
division subsequently determines that the amount certified as past due was in excess of the
amount actually owed at the time the amount withheld is to be distributed, the agency shall pay
the excess amount withheld to the obligor thought to have owed the past due support, or, in the
case of amounts withheld on the basis of a joint return, jointly to the parties filing such return.
(i) The commission shall, by legislative rule promulgated pursuant to chapter twenty-nine-a,
structure the time and method by which all amounts received by the child support enforcement
division, as payments of past due support from state income tax refunds, are distributed. In a
case where an obligee is an applicant for the services of the child support enforcement division,
but is not a current recipient of assistance from the department of human services in the form of
aid to families with dependent children, such method of distribution shall give priority to the
obligee and the family of the obligee by paying such amounts to the obligee first rather than using
them first to reimburse the department of human services.
§48A-2-29. Obtaining support from unemployment compensation benefits.
(a) The director shall determine on a periodic basis whether individuals receiving
unemployment compensation owe child support obligations which are being enforced or have
been requested to be enforced by the child support enforcement division. If an individual is
receiving such compensation and owes any such child support obligation which is not being met,
the child support enforcement division shall enter into an agreement with such individual to have
specified amounts withheld otherwise payable to such individual, and shall submit a copy of such
agreement to the bureau of employment programs. In the absence of such agreement, the child
support enforcement division shall bring legal process to require the withholding of amounts from
such compensation.
(b) The secretary shall enter into a written agreement with the bureau of employment
programs for the purpose of withholding unemployment compensation from individuals with
unmet support obligations being enforced by the child support enforcement division. The child
support enforcement division shall agree only to a withholding program that it expects to be cost
effective, and, as to reimbursement, shall agree only to reimburse the bureau of employment
programs for its actual, incremental costs of providing services to the child support enforcement
division.
(c) The commission shall promulgate a procedural rule for selecting cases to pursue through
the withholding of unemployment compensation for support purposes. This rule shall be designed
to ensure maximum case selection and minimal discretion in the selection process.
(d) The director shall, not less than annually, provide a receipt to an individual who requests a
receipt for the support paid through the withholding of unemployment compensation, if receipts
are not provided through other means.
(e) The director shall, through direct contact with the bureau of employment programs,
process cases through the bureau of employment programs in this state, and shall process cases
through support enforcement agencies in other states. The director shall receive all amounts
withheld by the bureau of employment programs in this state, forwarding any amounts withheld
on behalf of support enforcement agencies in other states to those agencies.
(f) At least one time per year, the commission shall review and document program
operations, including case selection criteria established under subsection (c) of this section, and
the costs of the withholding process versus the amounts collected and, as necessary, modify
procedures and renegotiate the services provided by the bureau of employment programs to
improve program and cost effectiveness.
(g) For the purposes of this section:
(1) "Legal process" means a writ, order, summons or other similar process in the nature of
garnishment which is issued by a court of competent jurisdiction or by an authorized official
pursuant to an order to such court or pursuant to state or local law.
(2) "Unemployment compensation" means any compensation under state unemployment
compensation law (including amounts payable in accordance with agreements under any federal
unemployment compensation law). It includes extended benefits, unemployment compensation
for federal employees, unemployment compensation for ex-servicemen, trade readjustment
allowances, disaster unemployment assistance, and payments under the Federal Redwood
National Park Expansion Act.
§48A-2-30. Statements of account.
The child support enforcement division shall provide annual statements of their account to
each obligor and obligee without charge. Additional statements of account shall be provided at a
fee of five dollars, unless such fee is waived pursuant to a rule promulgated by the commission.
Statements provided under this subsection are in addition to statements provided for judicial
hearings. The director shall establish procedures whereby an obligor or obligee can contest or
correct a statement of account.
§48A-2-31. Providing information to consumer reporting agencies; requesting
consumer credit reports for child support purposes.
(a) For purposes of this section, the term "consumer reporting agency" means any person
who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or
in part, in the practice of assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer reports to third parties.
(b) The commission shall propose and adopt a procedural rule in accordance with the
provisions of sections four and eight, article three, chapter twenty-nine-a of this code, establishing
procedures whereby information regarding the amount of overdue support owed by an obligor
will be reported periodically by the child support enforcement division to any consumer reporting
agency, after a request by the consumer reporting agency that it be provided with the periodic
reports.
(1) The procedural rule adopted by the commission shall provide that any information with
respect to an obligor shall be made available only after notice has been sent to the obligor of the
proposed action, and such obligor has been given a reasonable opportunity to contest the
accuracy of the information.
(2) The procedural rule adopted shall afford the obligor with procedural due process prior to
making information available with respect to the obligor.
(c) The information made available to a consumer reporting agency regarding overdue
support may only be made available to an entity that has furnished evidence satisfactory to the
division that the entity is a consumer reporting agency as defined in subsection (a) of this section.
(d) The child support enforcement division may impose a fee for furnishing such information,
not to exceed the actual cost thereof.
(e) The head of the child support enforcement division, or her or his designee, may request a
consumer reporting agency to prepare and furnish to the child support enforcement division a
consumer report for purposes relating to child support, by certifying to the consumer reporting
agency that:
(1) The consumer report is needed for the purpose of establishing an individual's capacity to
make child support payments or determining the appropriate level of such payments in order to
set an initial or modified child support award;
(2) The paternity of the child of the individual has been established or acknowledged by the
individual in accordance with state law;
(3) The individual whose report is being requested has been given at least ten days' prior
notice of such request by certified mail to his or her last known address that such report is being
requested; and
(4) The consumer report will be kept confidential, will be used solely for a purpose described
in subdivision (1) of this subsection and will not be used in connection with any other civil,
administrative or criminal proceeding or for any other purpose.
§48A-2-32. Central state case registry.
(a) The child support enforcement division shall establish and maintain a central state case
registry of child support orders. All orders in cases when any party receives any service provided
by the child support enforcement division shall be included in the registry. Any other support
order entered or modified in this state on or after the first day of October, one thousand nine
hundred ninety-eight, shall be included in the registry. The child support enforcement division,
upon receipt of any information regarding a new hire provided pursuant to section thirty-four of
this article shall compare information received to determine if the new hire's income is subject to
wage withholding and notify the employer pursuant to that section.
(b) Each party to a child support proceeding shall, upon entry of an order awarding or
modifying child support, complete and file with the clerk of the circuit court issuing the order a
form, to be promulgated by the administrative office of the supreme court of appeals, listing
information concerning the location and identity of a party including, but not limited to: The
party’s social security number, residential and mailing address, telephone number and driver's
license number; the child’s name, birth date and social security number; and the party’s
employer's name, address and telephone number. The clerk shall promptly forward all such
information to the state case registry. The parties are required to notify the state case registry of
any change in the information contained on the form, and every order for support shall so state.
All information provided to the state case registry shall be subject to the privacy and
confidentiality safeguards contained in section forty of this article.
(c) In any subsequent child support enforcement action between the parties, there shall be a
presumption that the requirements for notice and service of process have been met upon a
showing that the child support enforcement division has made a diligent effort to ascertain the
location of a party by delivery of written notice by certified mail, return receipt requested, to the
most recent employer or residential mailing address filed with the state case registry pursuant to
subsection (b) of this section.
§48A-2-33. Subpoenas.
In order to obtain financial and medical insurance or other information pursuant to the
establishment, enforcement and modification provisions set forth in this chapter or chapter
forty-eight of this code, the child support enforcement division or any out-of-state agency
administering a program under Title IV-D of the Social Security Act may serve, by certified mail
or personal service, an administrative subpoena on any person, corporation, partnership, financial
institution, labor organization or state agency, for an appearance or for production of financial or
medical insurance or other information. In case of disobedience to the subpoena, the child
support enforcement division may invoke the aid of any circuit court in requiring the appearance
or production of records and financial documents. The child support enforcement division may
assess a civil penalty of no more than one hundred dollars for the failure of any person,
corporation, financial institution, labor organization or state agency to comply with requirements
of this section.
§48A-2-33a. Liability for financial institutions providing financial records to the child
support enforcement division; agreements for data match system; encumbrance
or surrender of assets.
(a) Notwithstanding any other provision of this code, a financial institution shall not be liable
under the law of this state to any person for:
(1) Disclosing any financial record of an individual to the child support enforcement division in
response to a subpoena issued by the division pursuant to section thirty-three of this article;
(2) Disclosing any financial record of an individual to the child support enforcement division
pursuant to the terms of an agreement with such financial institution pursuant to subsection (f) of
this section;
(3) Encumbering or surrendering assets held by such financial institution in response to a
notice of lien or levy issued by the child support enforcement division as provided in subsection
(g) of this section; or
(4) For any other action taken in good faith to comply with the requirements of this section.
(b) The child support enforcement division, after obtaining a financial record of an individual
from a financial institution, may disclose such financial record only for the purpose of, and to the
extent necessary in, establishing, modifying or enforcing a child support obligation of such
individual.
(c) The civil liability of a person who knowingly, or by reason of negligence, discloses a
financial record of an individual in violation of subsection (b) of this section is governed by the
provisions of federal law as set forth in 42 U.S.C. §669A.
(d) For purposes of this section, the term "financial institution" means:
(1) Any bank or savings association;
(2) A person who is an institution-affiliated party, as that term is defined in the Federal
Deposit Insurance Act, 12 U.S.C. §1813(u);
(3) Any federal credit union or state-chartered credit union, including an institution-affiliated
party of a credit union; and
(4) Any benefit association, insurance company, safe deposit company, money-market
mutual fund, or similar entity authorized to do business in this state.
(e) For purposes of this section, the term "financial record" means an original of, a copy of, or
information known to have been derived from, any record held by a financial institution pertaining
to a customer’s relationship with the financial institution.
(f) Notwithstanding any provision of this code to the contrary, the child support enforcement
division shall enter into agreements with financial institutions doing business in the state to develop
and operate, in coordination with such financial institutions, a data match system, using automated
data exchanges, to the maximum extent feasible, in which each financial institution is required to
provide for each calendar quarter the name, record address, social security number or other
taxpayer identification number, and other identifying information for each obligor, as defined in
section twenty-three, article one-a of this chapter, who maintains an account at such institution
and who owes past due support. The child support enforcement division will identify to the
financial institution an obligor who owes past due support by his or her name and social security
number or other taxpayer identification number. The child support enforcement division, upon
written request and proof of actual costs incurred, may pay a reasonable fee to a financial
institution for conducting the data match not to exceed the actual costs incurred by such financial
institution.
(g) The financial institution, in response to a notice of a lien or levy, shall encumber or
surrender, as the case may be, assets held by such institution on behalf of any noncustodial parent
who is subject to a lien for child support.
§48A-2-34. Employment and income reporting.
(a) For purposes of this section:
(1) "Employee" means an individual who is an "employee" for purposes of federal income tax
withholding, as defined in 26 U.S.C. §3401;
(2) "Employer" means the person or entity for whom an individual performs or performed any
service of whatever nature and who has control of the payment of the individual’s wages for
performance of such service or services, as defined in 26 U.S.C. §3401;
(3) An individual is considered a "new hire" on the first day in which that individual performs
services for remuneration and on which an employer begins to withhold amounts for income tax
purposes.
(b) Except as provided in subsections (c) and (d) of this section, all employers doing business
in the state shall report to the child support enforcement division:
(1) The hiring of any person who resides or works in this state to whom the employer
anticipates paying earnings; and
(2) The rehiring or return to work of any employee who resides or works in this state.
(c) Employers are not required to report the hiring, rehiring or return to work of any person
who is an employee of a federal or state agency performing intelligence or counterintelligence
functions if the head of such agency has determined that reporting could endanger the safety of
the employee or compromise an ongoing investigation or intelligence mission.
(d) An employer that has employees in states other than this state and that transmits reports
magnetically or electronically is not required to report to the child support enforcement division
the hiring, rehiring or return to work of any employee if the employer has filed with the secretary
of the federal department of health and human services, as required by 42 U.S.C. §653A, a
written designation of another state in which it has employees as the reporting state.
(e) Employers shall report by mailing to the child support enforcement division a copy of the
employee's W-4 form; however, an employer may transmit such information through another
means if approved in writing by the child support enforcement division prior to the transmittal.
The report shall include the employee's name, address and social security number, the employer's
name and address, any different address of the payroll office and the employer's federal tax
identification number. The employer may report other information, such as date of birth or income
information, if desired.
(f) Employers shall submit a report within fourteen days of the date of the hiring, rehiring or
return to work of the employee. However, if the employer transmits the reports magnetically or
electronically by two monthly submissions, the reports shall be submitted not less than twelve
days nor more than sixteen days apart.
(g) An employer shall provide to the child support enforcement division, upon its written
request, information regarding an obligor's employment, wages or salary, medical insurance, and
location of employment.
(h) Any employer who fails to report in accordance with the provisions of this section shall be
assessed a civil penalty of no more than twenty-five dollars per failure. If the failure to report is
the result of a conspiracy between the employer and the employee not to supply the required
report or to supply a false or incomplete report, the employer shall be assessed a civil penalty of
no more than five hundred dollars.
(i) Employers required to report under this section may assess each employee so reported
one dollar for the administrative costs of reporting.
(j) Uses for the new hire information include, but are not limited to, the following:
(1) The state directory of new hires shall furnish the information to the national directory of
new hires;
(2) The child support enforcement division shall use information received pursuant to this
section to locate individuals for purposes of establishing paternity and of establishing, modifying
and enforcing child support obligations, and may disclose such information to any agent of the
agency that is under contract with the division to carry out such purposes;
(3) State agencies responsible for administering a program specified in 42 U.S.C.
§1320b-7(b) shall have access to information reported by employers for purposes of verifying
eligibility for the program; and
(4) The bureau of employment programs shall have access to information reported by
employers for purposes of administering employment security and workers' compensation
programs.
§48A-2-35. Review and adjustment of child support orders.
(a) Either parent or, if there has been an assignment of support to the department of health
and human resources, the child support enforcement division shall have the right to request an
administrative review of the child support award in the following circumstances:
(1) Where the request for review is received thirty-six months or more after the date of the
entry of the order or from the completion of the previous administrative review, whichever is
later, the child support enforcement division shall conduct a review to determine whether the
amount of the child support award in such order varies from the amount of child support that
would be awarded at the time of the review pursuant to the guidelines for child support awards
contained in article one-b of this chapter. If the amount of the child support award under the
existing order differs by ten percent or more from the amount that would be awarded in
accordance with the child support guidelines, the child support enforcement division shall file with
the circuit court a motion for modification of the child support order. If the amount of the child
support award under the existing order differs by less than ten percent from the amount that
would be awarded in accordance with the child support guidelines, the child support enforcement
division may, if it determines that such action is in the best interest of the child or otherwise
appropriate, file with the circuit court a motion for modification of the child support order.
(2) Where the request for review of a child support award is received less than thirty-six
months after the date of the entry of the order or from the completion of the previous
administrative review, the child support enforcement division shall undertake a review of the case
only where it is alleged that there has been a substantial change in circumstances. If the child
support enforcement division determines that there has been a substantial change in circumstances
and if it is in the best interests of the child, the division shall file with the circuit court a motion for
modification of the child support order in accordance with the guidelines for child support awards
contained in article one-b of this chapter.
(b) The child support enforcement division shall notify both parents at least once every three
years of their right to request a review of a child support order. The notice may be included in
any order granting or modifying a child support award. The child support enforcement division
shall give each parent at least thirty days' notice before commencing any review, and shall further
notify each parent, upon completion of a review, of the results of the review, whether of a
proposal to move for modification or of a proposal that there should be no change.
(c) When the result of the review is a proposal to move for modification of the child support
order, each parent shall be given thirty days' notice of the hearing on the motion, the notice to be
directed to the last known address of each party by first class mail. When the result of the review
is a proposal that there be no change, any parent disagreeing with that proposal may, within thirty
days of the notice of the results of the review, file with the court a motion for modification setting
forth in full the grounds therefor.
(d) For the purposes of this section, a "substantial change in circumstances" includes, but is
not limited to, a changed financial condition, a temporary or permanent change in physical
custody of the child which the court has not ordered, increased need of the child, or other
financial conditions. "Changed financial conditions" means increases or decreases in the resources
available to either party from any source. Changed financial conditions includes, but is not limited
to, the application for or receipt of any form of public assistance payments, unemployment
compensation and workers' compensation, or a fifteen percent or more variance from the amount
of the existing order and the amount of child support that would be awarded according to the
child support guidelines.
(e) All child support orders shall contain a notice which contains language substantially similar
to the following: "The amount of the monthly child support can be modified as provided by law
based upon a change in the financial or other circumstances of the parties if those circumstances
are among those considered in the child support formula. In order to make the modification a
party must file a motion to modify the child support amount. Unless a motion to modify is filed,
the child support amount will continue to be due and cannot later be changed retroactively even
though there has been a change of circumstances since the entry of the order. Self help forms for
modification can be found at the circuit clerk’s office." The failure of an order to have such a
provision does not alter the effectiveness of the order.
§48A-2-36. Adoption of form to identify payments.
The commission shall recommend to the secretary a form for the purpose of identification of
child support payments which shall include, at a minimum, any amount of child support obligation
paid under an income withholding order, the name and address of the payee, and the availability
of health insurance. The form may include other information needed to ensure the proper credit
and distribution of such payments. The secretary shall adopt any revised form no later than the
first day of July, one thousand nine hundred ninety-six, which shall include all information listed
herein. Following the adoption of such form, the commission shall promulgate such legislative
rules pursuant to chapter twenty-nine-a as may be necessary to ensure that all information
provided on the form is correct. This rule shall constitute an emergency rule within the meaning of
section fifteen, article three, chapter twenty-nine-a of this code.
§48A-2-37. Billing for fees and costs.
(a) When any filing, copying or other service is provided to the child support enforcement
division, the state or county official or the clerk of any court providing such fee for a charge, shall
bill the child support enforcement division monthly.
(b) When any filing, copying or other service is provided to a person, agency or entity who is
providing services for the child support enforcement division pursuant to a contract, the state or
county official or the clerk of any court providing such fee for a charge, shall bill the entity,
agency, person or child support enforcement division monthly, in accord with the terms of the
contract. The child support enforcement division shall provide the relevant terms of such
agreement to those officials upon implementation of any agreement.
(c) A state or county official and the clerk of any court who charges a deposit, library fee,
filing fee for filing and copying documents or their service, if the filing, copying or services is for
the child support enforcement division or for a person, entity or agency providing services
pursuant to a contract as described in this article, shall bill the child support enforcement division
monthly or the person, entity or agency providing such services monthly, in accord with the terms
of any contract.
§48A-2-38. Acceptance of federal purposes; compliance with federal requirements
and standards.
(a) The state assents to the purposes of the federal laws regarding child support and
establishment of paternity and agrees to accept federal appropriations and other forms of
assistance made under or pursuant thereto, and authorizes the receipt of such appropriations into
the state treasury and the receipt of other forms of assistance by the child support enforcement
division for expenditure, disbursement and distribution by the division in accordance with the
provisions of this chapter and the conditions imposed by applicable federal laws, rules and
regulations.
(b) Insofar as such actions are consistent with the laws of this state granting authority to the
division and the director, the division shall comply with such requirements and standards as the
secretary of the federal department of health and human services may have determined, as of the
effective date of this section, to be necessary for the establishment of an effective program for
locating obligors, establishing paternity, obtaining support orders and collecting support
payments.
(c) The director shall propose for promulgation a legislative rule in accordance with the
provisions of chapter twenty-nine-a of this code, to establish time-keeping requirements to assure
the maximum funding of incentive payments, grants and other funding sources available to the
state for the processing of cases filed for the location of absent parents, the establishment of
paternity, and the establishment, modification or enforcement of orders of child support.
§48A-2-39. Publicizing child support enforcement services.
The child support enforcement division shall regularly and frequently publicize, through public
service announcements, the availability of child support enforcement services under the provisions
of this chapter and otherwise, including information as to any application fees for such services
and a toll-free telephone number and a postal address at which further information may be
obtained.
§48A-2-40. Access to records, confidentiality.
(a) All records in the possession of the child support enforcement division, including records
concerning an individual case of child or spousal support, shall be kept confidential and shall not
be released except as provided below:
(1) Records shall be disclosed or withheld as required by federal law or regulations
promulgated thereunder notwithstanding other provisions of this section.
(2) Information as to the whereabouts of a party or the child shall not be released to a person
against whom a protective order has been entered with respect to such party or child or where
the state has reason to believe that the release of the information to the person making the request
may result in physical or emotional harm to the party or the child.
(3) The phone number, address, employer and other information regarding the location of the
obligor, the obligee and the child shall only be disclosed: (A) Upon his or her written consent, to
the person whom the consent designates; or (B) notwithstanding subdivision (4) of this
subsection, to the obligee, the obligor, the child or the caretaker or representative of the child,
upon order of a court if the court finds that the disclosure is for a bona fide purpose, is not
contrary to the best interest of a child and does not compromise the safety of any party:
Provided, That the identity and location of the employer may be disclosed on the letters, notices
and pleadings of the division as necessary and convenient for the determination of support
amounts and the establishment, investigation, modification, enforcement, collection and
distribution of support.
(4) Information and records other than the phone number, address, employer and information
regarding the location of the obligor, the obligee and the child shall be disclosed to the obligor,
the obligee, the child or the caretaker of the child or his or her duly authorized representative,
upon his or her written request: Provided, That when the obligor requests records other than
collection and distribution records, financial records relevant to the determination of the amount
of support pursuant to the guidelines, or records the obligor has supplied, the division shall mail a
notice by first class mail to the last known address of the obligee notifying him or her of the
request. The notice shall advise the obligee of his or her right to object to the release of records
on the grounds that the records are not relevant to the determination of the amount of support, or
the establishment, modification, enforcement, collection or distribution of support. The notice shall
also advise the obligee of his or her right to disclosure of records provided in this section in order
to determine what records the child support enforcement division may have. In the event of any
objection, the division shall determine whether or not the information shall be released.
(5) Information in specific cases may be released as is necessary or to determine the identity,
location, employment, income and assets of an obligor.
(6) Information and records may be disclosed to the bureau of vital statistics, bureau of
employment programs, the workers' compensation division, state tax department and the internal
revenue service, or other state or federal agencies or departments as may be necessary or
desirable in obtaining any address, employment, wage or benefit information for the purpose of
determining the amount of support or establishing, enforcing, collecting and distributing support.
(b) Any person who willfully violates this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars,
or confined in jail not more than six months, or both fined and imprisoned.
§48A-2-41. Access to information.
(a) All state, county and municipal agencies, offices and employers, including profit, nonprofit
and governmental employers, receiving a request for information and assistance from the child
support enforcement division or any out-of-state agency administering a program under Title
IV-D of the Social Security Act, shall cooperate with the division or with the out-of-state agency
in the location of parents who have abandoned and deserted children and shall provide the
division or the out-of-state agency with all available pertinent information concerning the location,
income and property of those parents.
(b) Notwithstanding any other provision of law to the contrary, any entity conducting business
in this state or incorporated under the laws of this state shall, upon certification by the division or
any out-of-state agency administering a program under Title IV-D of the Social Security Act that
the information is needed to locate a parent for the purpose of collecting or distributing child
support, provide the division or the out-of-state agency with the following information about the
parent: Full name, social security number, date of birth, home address, wages and number of
dependents listed for income tax purposes: Provided, That no entity may provide any information
obtained in the course of providing legal services, medical treatment or medical services.
(c) (1) The child support enforcement division shall have access, subject to safeguards on
privacy and information security, and to the nonliability of entities that afford such access under
this subdivision, to information contained in the following records, including automated access, in
the case of records maintained in automated data bases:
(A) Records of other state and local government agencies including, but not limited to:
(i) Vital statistics, including records of marriage, birth and divorce;
(ii) State and local tax and revenue records, including information on residence address,
employer, income and assets;
(iii) Records concerning real and titled personal property;
(iv) Records of occupational and professional licenses, and records concerning the ownership
and control of corporations, partnerships, and other business entities;
(v) Employment security records;
(vi) Records of agencies administering public assistance programs;
(vii) Records of the division of motor vehicles; and
(viii) Corrections records.
(B) Certain records held by private entities with respect to individuals who owe or are owed
support or certain individuals against, or with respect to, whom a support obligation is sought,
consisting of:
(i) The names and addresses of such individuals and the names and addresses of the
employers of such individuals, as appearing in the customer records of public utilities and cable
television companies, pursuant to an administrative subpoena authorized by section thirty-three,
article two of this chapter; and
(ii) Information, including information on assets and liabilities, on such individuals held by
financial institutions.
(2) Out-of-state agencies administering programs under Title IV-D of the Social Security Act
shall, without the need for any court order, have the authority to access records in this state by
making a request through the child support enforcement division.
(d) All federal and state agencies conducting activities under Title IV-D of the Social Security
Act shall have access to any system used by this state to locate an individual for purposes relating
to motor vehicles or law enforcement.
(e) Out-of-state agencies administering programs under Title IV-D of the Social Security Act
shall have the authority and right to access and use, for the purpose of establishing or enforcing a
support order, the state law-enforcement and motor vehicle data bases.
(f) The child support enforcement division and out-of-state agencies administering programs
under Title IV-D of the Social Security Act shall have the authority and right to access and use,
for the purpose of establishing or enforcing a support order, interstate networks that state
law-enforcement agencies and motor vehicle agencies subscribe to or participate in, such as the
national law-enforcement telecommunications system (NLETS) and the American association of
motor vehicle administrators (AAMVA) networks.
§48A-2-42. Authorization for transfer of functions, offices and equipment of the
support enforcement commission and the child support enforcement division. 
The governor may, by executive order, transfer and reallocate all of the functions, offices and
equipment of the commission and the child support enforcement division to the department of tax
and revenue or the department of administration, with such transfer and reallocation to take effect
on the first day of December, one thousand nine hundred ninety-five. The authority to make
transfers and reallocations by executive order as provided for in this section shall expire on the
first day of December, one thousand nine hundred ninety-five.
§48A-2-43. Recording of social security numbers in certain family matters.
(a) The social security number, if any, of any applicant for a professional license, driver's
license, occupational license, recreational license, or marriage license must be recorded on the
application for such license.
(b) The social security number of any individual who is subject to a divorce decree, support
order, or paternity determination or acknowledgment must be placed in the records relating to the
matter.
(c) For the purposes of subsection (a) of this section, if the licensing authority allows the use
of a number other than the social security number on the face of the document while the social
security number is kept on file at the agency, the applicant shall be so advised by such authority.

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