Utah Code 26B-9-208. Financial institutions

26B-9-208. Financial institutions.

(1)

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

Terms Used In Utah Code 26B-9-208

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Child: means :

(a)	a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b)	a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c)

a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201

Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-201

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Lien: A claim against real or personal property in satisfaction of a debt.

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Obligor: means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-201

Office: means the Office of Recovery Services. See Utah Code 26B-9-201

Person: includes an individual, firm, corporation, association, political subdivision, department, or office. See Utah Code 26B-9-201

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Support: includes past-due, present, and future obligations established by:

(a)	a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and

(b)

a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

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

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

(ii)

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

(A)	maintains an account at the institution; and

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

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

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

(3)	A financial institution may not be liable under any federal or state law to any person for any disclosure of information or action taken in good faith under Subsection (1).

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

(5)

If an employee of the office knowingly, or by reason of negligence, discloses a financial record of an individual in violation of Subsection (4), the individual may bring a civil action for damages in a district court of the United States as provided for in the Social Security Act, 42 U.S.C. § 669A.

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

Renumbered and Amended by Chapter 305, 2023 General Session

Previous section

Next section

Part 2 Contents