§ 4105. Access to information; disclosure and confidentiality
(a) The Office of Child Support may subpoena from any person or business any information needed to establish, modify, or enforce a child support or parental rights and responsibilities order. The subpoena shall be signed by the Director of the Office of Child Support or a designee of the Office of Child Support. It shall be attached to an affidavit which certifies that the person about whom information is sought is the parent of a child based on either a court order or a statutory presumption, that the Office of Child Support has been requested to provide financial information under section 4102 of this title, and that the information sought is needed to establish, modify, or enforce a child support or parental rights and responsibilities order or to determine if such action is necessary.
(b) The Office of Child Support may request any information needed to establish, modify, or enforce a child support or parental rights and responsibilities order or to locate any person alleged to be a parent owing a duty of support from the records of all governmental officials, departments, and other governmental agencies of this State without a subpoena. The officials and employees of the departments and other agencies shall provide all such information requested. Only information directly bearing on the identity and whereabouts of parents or alleged parents or their assets or income may be requested, used, or transmitted by the Office of Child Support under this section. Any information provided by the Department of Taxes shall include information about assets held by or income attributable to the parent jointly with any other person.
Terms Used In Vermont Statutes Title 33 Sec. 4105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Subpoena: A command to a witness to appear and give testimony.
(c) Except as otherwise provided in this chapter, 15 V.S.A. chapter 11, and Title 15B, information furnished the Office of Child Support shall be made available only to the person requesting services or to the person’s attorney, the person to whom the information relates, and the Family Division of the Superior Court. Any other use of the information shall be prohibited. A person who violates this subsection shall be fined not more than $500.00. Any individual aggrieved by a violation of this section may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney’s fees, and other appropriate relief.
(d) Any person objecting to a subpoena may request an administrative review of its issuance by the Office of Child Support or may request that the subpoena be modified or vacated pursuant to 3 V.S.A. § 809b. A request for review under this subsection shall be brought in the Family Division of the Superior Court. Failure to comply with a subpoena may result in enforcement pursuant to 3 V.S.A. § 809a.
(e) A public utility company as defined in 30 V.S.A. § 201(a), or a cable television company as defined in 30 V.S.A. § 501, when requested by the Office of Child Support, shall provide the address as it appears in its customer records of a parent or person named in the request. (Added 1989, No. 221 (Adj. Sess.), § 13; amended 1997, No. 63, § 24, eff. Sept. 1, 1997; 1997, No. 156 (Adj. Sess.), § 26, eff. April 29, 1998; 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 131 (Adj. Sess.), § 67.)