Title 32 — DOMESTIC RELATIONS

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 matc…

32-1602. Definitions. As used in this chapter: (1) "Arrears" means child or spousal support that is due, owing and unpaid pursuant to a support order. (2) "Asset" means cash or cash value in or of a demand deposit account, checking or negotiable withdrawal order account, savings …

32-1603. Withholding of assets — Grounds and issuance. When the department receives information from a data matching process that an obligor is an owner or co-owner of an asset held by a financial institution, the department may issue an asset withholding order. Any asset which i…

32-1604. Content of asset withholding order. An asset withholding order shall contain: (1) The name of the obligor and any known co-owner or multiple party account holder; (2) The address of the obligor as listed in the department’s records; (3) The account number or other means …

32-1605. Receipt and acceptance of asset withholding order. (1) When an asset withholding order is received by a financial institution pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount …

32-1606. Delivery of an asset withholding order and acceptance of jurisdiction. (1) A financial institution shall accept an asset withholding order by any form of U.S. mail, commercial mail, delivery service, by facsimile or other electronic form of correspondence. If the asset w…

32-1607. Notice. Upon the issuance of an asset withholding order to the financial institution, the department shall, within one (1) business day, send to the obligor by certified mail, at the last known address in the department’s records, a copy of the asset withholding order an…

32-1608. Duties of the financial institution. (1) Upon receipt or acceptance of an asset withholding order issued by the department pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as …

32-1609. No request for hearing. If the obligor or a co-owner has not filed a request for hearing within fourteen (14) days after the date the department mailed the notice to the obligor, the department shall notify the financial institution and the financial institution shall pr…

32-1610. Hearing to contest asset withholding. (1) Within five (5) business days of receiving a timely request for hearing, the department will schedule the administrative hearing date and notify the obligor and any co-owners by mail. Upon receiving the request for hearing, the d…

32-1611. Basis to contest the asset withholding order. The obligor who owes the support or any co-owner of the asset that is subject to the asset withholding order may contest the order to withhold. Contests are limited to the following issues: (1) The amount of the arrears; (2) …

32-1612. Order from hearing. (1) The department shall issue an order based upon the hearing that rejects the contest or supports the contest in whole or part. The parties may file an appeal with the district court within twenty-eight (28) days, notwithstanding the provisions of s…

32-1613. Default. (1) The allegations of the asset withholding order shall be deemed admitted and the department shall issue an order upholding the asset withholding order if the obligor or co-owner fails to appear at the hearing without good cause. The default and issuance of an…

32-1614. Liability of financial institution. Notwithstanding any other provisions of federal or state law, any financial institution, or officer, agent or employee of the financial institution, acting in good faith, shall be immune from all civil and criminal liability for withho…