2005 Idaho Code - 32-1601 — CHILD SUPPORT ENFORCEMENT -- FINANCIAL INSTITUTION DATA MATCH PROCESS

                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 16
                   FINANCIAL INSTITUTION DATA MATCH PROCESS
    32-1601.  CHILD SUPPORT ENFORCEMENT -- FINANCIAL INSTITUTION DATA MATCH
PROCESS. (1) This chapter is enacted to bring the state into compliance with
the requirements of P.L. 104-193, sec. 372, and title IV-D of the social
security act and to make the financial institution data match process an
effective enforcement tool for use in enforcing past due child support and
spousal support.
    (2)  The department shall:
    (a)  Establish and maintain a financial institution data match process
    with financial institutions in compliance with 42 U.S.C. section
    666(a)(17);
    (b)  Define the type of information in the hands of financial institutions
    pursuant to the agreements with financial institutions which, if available
    to the department, would improve the effectiveness of child support
    collection;
    (c)  Limit authority to engage the matching process and access to all
    information received to specialized staff in the department and develop
    written protocol within the department for the foregoing;
    (d)  Limit data matching by the department to those obligors who are in
    arrears in an amount equal to or greater than the total support owing for
    at least ninety (90) days, or two thousand dollars ($2,000), whichever is
    less;
    (e)  Provide for statistical verification of the improvement to child
    support enforcement in this state which results from use of the data match
    process with the financial institutions;
    (f)  Design the data match process identified herein in such a manner that
    it will be the least intrusive, least expensive and most confidential
    process reasonably possible;
    (g)  Develop a satisfactory contract term to protect the contracting
    entities from legal liability for disclosure of information as authorized
    by statute and to protect the public's right of action for wrongful
    disclosure;
    (h)  Enter into agreements with financial institutions, and pay reasonable
    compensation, not to exceed actual costs incurred by the financial
    institutions in developing the data match process and conducting the data
    match.
    (3)  Terms of an agreement between the department and a financial
institution shall require the financial institution to provide to the
department: the name and address of each obligor identified in the matching
process, the account number(s) or other means of identifying the asset, the
amount and type of asset, the state in which the asset is located, and other
information necessary for compliance with federal requirements.
    (4)  Assets identified under this section may be withheld, attached or
garnished as provided by this chapter and otherwise as allowed by law.
    (5)  The assets which are subject to this section, regardless of location
in this or other states, are those on deposit with or held by a financial
institution.
    (6)  Assets in accounts with the obligor as sole owner or with the obligor
and spouse as the only co-owners, are subject to withholding up to the lesser
of one hundred percent (100%) of the asset or the amount of arrears owed by
the obligor, as set forth in the asset withholding order plus any fees
pursuant to section 32-1608(2), Idaho Code. Assets in other multiple party
accounts are subject to withholding up to the lesser of a proportionate amount
of the asset based upon the number of co-owners or the amount of arrears owed
by the obligor, as set forth in the asset withholding order, plus any fees
pursuant to section 32-1608(2), Idaho Code.