25-7A-56.9. Reporting requirements of child support obligor's financial institution.
The department shall enter into agreements with any financial institution conducting business within the state whereby the financial institution shall, on a quarterly basis, provide to the department the name, record address, social security number, or other taxpayer identification number, and other identifying information requested by the department for each obligor who owes past-due child support, and who maintains an account at the financial institution. Every financial institution shall also comply with any lien, levy, or order for withholding of income issued by the department against any account.
A financial institution is not liable to any person or entity for release or disclosure of any information required herein, and is not liable for encumbering or surrendering to the department any assets held by the financial institution and owned by the obligor. A financial institution is not liable to any person or entity for any other action taken in good faith by the institution to comply with the requirements of this section. Any information obtained by any Title IV-D agency pursuant to this section is confidential in nature and may be disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation.
As used in this section, financial institution includes any financial institution as defined in subdivision 10-43-1(4), any institution regulated by chapter 47-31B, and any other depository institution, credit union, benefit association, insurance company, safe deposit company, bond fund, money market mutual fund, and any mutual fund of any kind or character. The term, account, as used in this section includes any demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, money market or any type of mutual fund account, and intangible property as defined in subdivision 43-41B-1(10).
Source: SL 1997, ch 155, §28; SL 2004, ch 278, §61.
Structure South Dakota Codified Laws
Chapter 07A - Collection Of Child Support
Section 25-7A-1 - Definition of terms.
Section 25-7A-3 - Subrogation right of department.
Section 25-7A-4 - Statement required of certain parents.
Section 25-7A-5 - Notice of support debt--Service on parent--Contents of notice.
Section 25-7A-6.1 - Notice to department of parent's address and employment information.
Section 25-7A-7 - Secretary's application for support order--Court order--Service.
Section 25-7A-8 - Circuit court action to contest paternity or custody.
Section 25-7A-10.1 - Filing of action involving previous support order.
Section 25-7A-14 - Interest on support debt or judgment.
Section 25-7A-15 - Payor holding amount in excess of debt--Release of excess to obligor.
Section 25-7A-16 - Grounds for release of lien.
Section 25-7A-18 - Cooperation between public agencies.
Section 25-7A-19 - Department as administrator.
Section 25-7A-20 - Enforcement of spousal support obligation.
Section 25-7A-21 - Judgment for arrearage due obligee in absence of court order.
Section 25-7A-23 - Order for withholding of income or property--Written agreement in lieu of order.
Section 25-7A-26 - Petition to stay service of order for withholding--Grounds.
Section 25-7A-30 - Service of order for withholding.
Section 25-7A-31 - Order for withholding--Contents.
Section 25-7A-32 - Amount withheld for support and arrearage.
Section 25-7A-33 - Order for withholding not conclusive on issue of arrearage.
Section 25-7A-34 - Deduction and transmittal of income by payor.
Section 25-7A-35 - Compliance by payor where multiple orders for withholding or multiple obligors.
Section 25-7A-36 - Duty of payor where obligor terminated--Service of order upon new payor.
Section 25-7A-38 - Modification, suspension or termination of order for withholding.
Section 25-7A-39 - Notice to payor.
Section 25-7A-40 - Binding effect of order for withholding.
Section 25-7A-41 - Notice of change of address of obligee.
Section 25-7A-42 - Notice of new payor to department by obligee--Violation as misdemeanor.
Section 25-7A-43 - Notice of other support payments to department by obligee.
Section 25-7A-45 - Actions against payor by department.
Section 25-7A-46 - Intentional violation by payor as petty offense.
Section 25-7A-47 - Request to another state to withhold income of obligor.
Section 25-7A-48 - Order to withhold income of obligor upon request from another state.
Section 25-7A-49 - Law applicable to withholding of income derived within state.
Section 25-7A-50 - Notice to other state where obligor ceases to derive income within state.
Section 25-7A-51 - Workfare program--Circumstances where participation required.
Section 25-7A-52 - Supplemental nature of rights and duties--Prior assignments not invalid.
Section 25-7A-54 - Department exempt from filing fee.
Section 25-7A-55 - Previous orders legalized, cured, and validated.
Section 25-7A-56.1 - Revocation, suspension, or restriction of licenses of child support obligors.
Section 25-7A-56.2 - Recordation of social security number of child support obligors.
Section 25-7A-56.3 - Administrative authority of Title IV-D agency in paternity and support actions.
Section 25-7A-56.5 - Disclosures to Title IV-D agencies.
Section 25-7A-56.6 - Title IV-D agency records access.
Section 25-7A-56.7 - Filing requirements.
Section 25-7A-56.8 - Jurisdiction of authorized tribunals.
Section 25-7A-56.9 - Reporting requirements of child support obligor's financial institution.
Section 25-7A-56.10 - Withholding from reemployment assistance benefits.
Section 25-7A-56.11 - Title IV-D agency as payee.
Section 25-7A-57 - Award of attorney fees and costs in child support modification hearings.