(a) Notwithstanding any other provisions of any law or regulation to the contrary, a financial institution shall disclose upon request to any Title IV-D child support agency of this state or any other state or territory or the federal government, their contractors or duly authorized agents, that are seeking to establish, modify, or enforce any child support obligation, any financial information, including, but not limited to, assets and liabilities, relative to any person who is the subject of any judicial or administrative action or process that establishes, modifies or enforces child support obligations.
Terms Used In Tennessee Code 45-10-118
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Contract: A legal written agreement that becomes binding when signed.
Customer: means a depositor, borrower, member, lessee, other person, or the personal or legal representative or estate thereof, who has, has had, or has contemplated a relationship with the financial institution that caused the financial institution to create, obtain, preserve or maintain financial records pertaining to the person or the person's affairs. See Tennessee Code 45-10-102
Deposit: means a deposit of money, bonds or other things of value, creating a debtor-creditor relationship. See Tennessee Code 45-1-103
Depository institution: means any company included for any purpose within any of the definitions of insured depository institution, as set forth in 12 U. See Tennessee Code 45-1-103
Financial institution: means a bank, savings and loan association, industrial loan and thrift company, credit union, mortgage broker, mortgage banker, or leasing company accepting deposits, making or arranging loans and making or arranging leases. See Tennessee Code 45-10-102
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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.
Person: means any individual, partnership, corporation, association, trust or any other legal entity organized under the laws of this state, including any department or agency of this state, any county or municipal corporation located in this state, and any court of this state or of the United States. See Tennessee Code 45-10-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
records: means any original document, any copy of an original document, or any information contained in the document, other than a customer's name, address, and account number, held by or in the custody of a financial institution, where the document, copy or information is identifiable as pertaining to one (1) or more customers of the institution. See Tennessee Code 45-10-102
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Access to records upon request of the entities shall include automated access to data bases containing financial information wherever agreements pursuant to § 45-19-101 have been entered between the department of human services and any financial institution.(c) Notwithstanding any other law or regulation to the contrary, any financial institution or any financial institution’s contractor that may process any records pursuant to this section that discloses pursuant to this section any financial record to any Title IV-D child support agency of this state or any other state or territory or the federal government, their contractors or duly authorized agents that are attempting to establish, modify or enforce a child support obligation shall not be liable under any law or regulation of this state to any person for the disclosure, and shall be absolutely immune from any civil or criminal liability for the disclosure in response to the requirements of this section.(d) A child support enforcement agency that obtains a financial record from a financial institution pursuant to this section or any other provision of law may disclose the information only as permitted pursuant to § 71-1-131.(e) For purposes of this section, “financial institution” means:
(1) A depository institution, as defined in § 3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c));(2) An institution-affiliated party, as defined in § 3(u) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(u));(3) Any federal credit union or state credit union, as defined in § 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including an institution-affiliated party of the credit union, as defined in § 206 of the Federal Credit Union Act (12 U.S.C. § 1786); and(4) Any benefit association, insurance company, safe deposit company, money market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.(f) For the purposes of this section, “financial record” has the meaning given the term by § 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401).(g) For the production of financial information or financial records, other than those specifically provided in the data match provisions of ch. 19, part 1 of this title by contract with the financial institution, the department shall pay a reasonable fee not to exceed the actual cost to the financial institution for researching or producing financial records. A reasonable fee shall be deemed to be the lesser of the financial institution’s ordinary and customary fees for producing customer records or the fees established by the federal reserve board for the production of records.
