HB 2185 Text

COMMITTEE SUBSTITUTE
FOR
H. B. 2185
(By Delegates Rutledge, Brown and Douglas)

(Originating in the House Committee on the Judiciary)

[March 31, 1993]

A BILL to amend and reenact section three, article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections fifteen-a, fifteen-b and sixteen, article two, chapter forty-eight of said code; to amend and reenact section three, article one, chapter forty-eight-a of said code; and to amend and reenact section nineteen, article two of said chapter, all relating to the enforcement of support obligations generally; authorizing the insurance commissioner to enforce the provisions of the code relating to medical support; redefining the term "insurer" as applied to medical support enforcement; providing for immediate withholding from income of a support obligor under certain circumstances; allowing support to be continued beyond the date a child reaches the age of majority, within certain limitations; redefining certain terms related to the enforcement of support obligations so as to expand the category of persons entitled to support enforcement services; and authorizing the promulgation of procedural rules governing the child advocate office in providing information to consumer reporting agencies.

Be it enacted by the Legislature of West Virginia:
That section three, article two, chapter thirty-three of thecode of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections fifteen-a, fifteen-b and sixteen, article two, chapter forty-eight of said code be amended and reenacted; that section three, article one, chapter forty-eight-a of said code be amended and reenacted; and that section nineteen, article two of said chapter be amended and reenacted, all to read as follows:

CHAPTER 33. INSURANCE COMMISSIONER

ARTICLE 2. INSURANCE COMMISSIONER.

§33-2-3. Duties of the commissioner; employment of legal counsel.

(a) The commissioner shall enforce the provisions of this chapter and section fifteen-a, article two of chapter forty-eight and perform the duties required thereunder; shall affix the commissioner's official seal to all documents and papers required to be filed in other states by domestic insurers and to other papers when an official seal is required; and shall, on or before the tenth day of each month, pay into the state treasury all fees and moneys which he or she has received during the preceding calendar month.
(b) Notwithstanding any provisions of this code to the contrary, the commissioner may acquire such legal services as are deemed necessary, including representation of the commissioner before any court or administrative body. Such counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the commissioner may call upon the attorney general for legal assistance and representation as provided by law.

CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.

§48-2-15a. Medical support enforcement.

(a) For the purposes of this section:
(1) "Custodian for the children" means a parent, legal guardian, committee or other third party appointed by court order as custodian of child or children for whom child support is ordered.
(2) "Obligated parent" means a natural or adoptive parent who is required by agreement or order to pay for insurance coverage and medical care, or some portion thereof, for his or her child.
(3) "Insurance coverage" means coverage for medical, dental, including orthodontic, optical, psychological, psychiatric or other health care service.
(4) "Child" means a child to whom a duty of child support is owed.
(5) "Medical care" means medical, dental, optical, psychological, psychiatric or other health care service for children in need of child support.
(6) "Insurer" means any company, health maintenance organization, self-funded group, multiple employer welfare arrangement, hospital or medical services corporation, trust or other entity which provides insurance coverage.
(b) In every action to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide medical care for the children of the parties. ~~The~~ In any temporary or final order establishing an award of child support or any temporary or finalorder modifying a prior order establishing an award of child support, the court shall order one or more of the following:
(1) The court shall order either parent or both parents to provide insurance coverage for a child, if such insurance coverage is available to that parent on a group basis through an employer or through an employee's union. If similar insurance coverage is available to both parents, the court shall order the child to be insured under the insurance coverage which provides more comprehensive benefits. If such insurance coverage is not available at the time of the entry of the order, the order shall require that if such coverage thereafter becomes available to either party, that party shall promptly notify the other party of the availability of insurance coverage for the child.
(2) If the court finds that insurance coverage is not available to either parent on a group basis through an employer, multi-employer trust or employees' union, or that the group insurer is not accessible to the parties, the court may order either parent or both parents to obtain insurance coverage which is otherwise available at a reasonable cost.
(3) Based upon the respective ability of the parents to pay, the court may order either parent or both parents to be liable for reasonable and necessary medical care for a child. The court shall specify the proportion of the medical care for which each party shall be responsible.
(4) If insurance coverage is available, the court shall also determine the amount of the annual deductible on insurance coverage which is attributable to the children and designate the proportion of the deductible which each party shall pay.
(c) The cost of insurance coverage shall be considered by the court in applying the child support guidelines provided for in section eight, article two, chapter forty-eight-a of this code.
(d) Within thirty days after the entry of an order requiring the obligated parent to provide insurance coverage for the children, that parent shall submit to the custodian for the child written proof that the insurance has been obtained or that an application for insurance has been made. Such proof of insurance coverage shall consist of, at a minimum:
(1) The name of the insurer;
(2) The policy number;
(3) An insurance card;
(4) The address to which all claims should be mailed;
(5) A description of any restrictions on usage, such as prior-approval for hospital admission, and the manner in which to obtain such approval;
(6) A description of all deductibles; and
(7) Five copies of claim forms.
(e) The custodian for the child shall send the insurer or the obligated parent's employer the children's address and notice that the custodian will be submitting claims on behalf of the children. Upon receipt of such notice, or an order for insurance coverage under this section, the obligated parent's employer, multi-employer trust or union shall, upon the request of the custodian for the child, release information on the coverage for the children, including the name of the insurer.
(f) A copy of the court order for insurance coverage shallnot be provided to the obligated parent's employer or union or the insurer unless ordered by the court, or unless:
(1) The obligated parent, within thirty days of receiving effective notice of the court order, fails to provide to the custodian for the child written proof that the insurance has been obtained or that an application for insurance has been made;
(2) The custodian for the child serves written notice by mail at the obligated parent's last known address of intention to enforce the order requiring insurance coverage for the child; and
(3) The obligated parent fails within fifteen days after the mailing of the notice to provide written proof to the custodian for the child that the child has insurance coverage.
(g) (1) Upon service of the order requiring insurance coverage for the children, the employer, multi-employer trust or union shall enroll the child as a beneficiary in the group insurance plan and withhold any required premium from the obligated parent's income or wages.
(2) If more than one plan is offered by the employer, multi- employer trust or union, the child shall be enrolled in the most comprehensive plan otherwise available to the obligated parent at a reasonable cost.
(3) Insurance coverage for the child which is ordered pursuant to the provisions of this section shall not be terminated except as provided in subsection (i) of this section.
(h) (1) The signature of the custodian for the child shall constitute a valid authorization to the insurer for the purposes of processing an insurance payment to the provider of medical care for the child.
(2) No insurer, employer or multi-employer trust in this state may refuse to honor a claim for a covered service when the custodian for the child or the obligated parent submits proof of payment for medical bills for the child.
(3) The insurer shall reimburse the custodian for the child or the obligated parent who submits copies of medical bills for the child with proof of payment.
(4) All insurers in this state shall provide insurance coverage for the child of a covered employee notwithstanding the amount of support otherwise ordered by the court and regardless of the fact that the child may not be living in the home of the covered employee.
(i) When an order for insurance coverage for a child pursuant to this section is in effect and the obligated parent's employment is terminated, or the insurance coverage for the child is denied, modified or terminated, the insurer shall, within ten days after the notice of change in coverage is sent to the covered employee, notify the custodian for the child and provide an explanation of any conversion privileges available from the insurer.
(j) A child of an obligated parent shall remain eligible for insurance coverage until the child is emancipated or until the insurer under the terms of the applicable insurance policy terminates said child from coverage, whichever is later in time, or until further order of the court.
(k) If the obligated parent fails to comply with the order to provide insurance coverage for the child, the court shall:
(1) Hold the obligated parent in contempt for failing orrefusing to provide the insurance coverage, or for failing or refusing to provide the information required in subsection (d) of this section;
(2) Enter an order for a sum certain against the obligated parent for the cost of medical care for the child, and any insurance premiums paid or provided for the child during any period in which the obligated parent failed to provide the required coverage; and
(3) In the alternative, other enforcement remedies available under sections two and three, article five, chapter forty-eight-a of this code, or otherwise available under law, may be used to recover from the obligated parent the cost of medical care or insurance coverage for the child.
(l) Proof of failure to maintain court ordered insurance coverage for the child constitutes a showing of substantial change in circumstances or increased need pursuant to section fifteen of this article, and provides a basis for modification of the child support order.

§48-2-15b. Withholding from income. ~~on and after November 1,~~ ~~1990.~~

(a) ~~On and after the first day of November, one thousand nine~~ ~~hundred ninety, every~~ Every order entered or modified under the provisions of this article, not described in subsection (d) of this section, which requires the payment of child support or spousal support shall include a provision for automatic withholding from income of the obligor, in order to facilitate income withholding as a means of collecting support.
(b) Every such order as described in subsection (a) of thissection shall contain language authorizing income withholding to commence without further court action, as follows:
(1) The order shall provide that income withholding will begin immediately, without regard to whether there is an arrearage: (A) When a child for whom support is ordered is included or becomes included in a grant of assistance from the division of human services or a similar agency of a sister state for aid to families with dependent children benefits, medical assistance only benefits, or foster care benefits; or (B) when the support obligee has applied for services from the child advocate office or the support enforcement agency of another state or is otherwise receiving services from the child advocate office as provided for in chapter forty-eight-a of this code. In any case where one of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or in any case where there is filed with the court a written agreement between the parties which provides for an alternative arrangement, such order shall not provide for income withholding to begin immediately.
(2) The order shall also provide that income withholding will begin immediately upon the occurrence of any of the following:
(A) When the payments which the obligor has failed to make under the order are at least equal to the support payable for one month, if the order requires support to be paid in monthly installments;
(B) When the payments which the obligor has failed to make under the order are at least equal to the support payable forfour weeks, if the order requires support to be paid in weekly or biweekly installments;
(C) When the obligor requests the child advocate office to commence income withholding; or
(D) When the obligee requests that such withholding begin, if the request is approved by the court in accordance with procedures and standards established by rules and regulations promulgated by the director of the child advocate office.
~~(c) For the purposes of this section, the number of days~~ ~~support payments are in arrears shall be considered to be the~~ ~~total cumulative number of days during which payments required by~~ ~~a court order have been delinquent, whether or not such days are~~ ~~consecutive.~~
(d) On and after the first day of January, one thousand nine hundred ninety-four, the wages of an obligor shall be subject to withholding, regardless of whether child support payments are in arrears, on the date the order for child support is entered: Provided, That where one of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or in any case where there is filed with the court a written agreement between the parties which provides for an alternative arrangement, such order shall not provide for income withholding to begin immediately. Regardless of whether the support order requires immediate withholding, the order shall require the obligor, at all times the order is in force and effect, to provide the child advocate office with current information as to his or her employer's name and address, and information as to the availability ofemployer-related insurance programs providing medical care coverage.
~~(d)~~ (e) The supreme court of appeals shall make available to the circuit courts standard language to be included in all such orders, so as to conform such orders to the applicable requirements of state and federal law regarding the withholding from income of amounts payable as support.
~~(e)~~ (f) Every support order entered by a circuit court of this state prior to the ~~first day of November, one thousand nine~~ ~~hundred ninety,~~ effective date of this section shall be considered to provide for an order of income withholding, by operation of law, which complies with the provisions of this section, notwithstanding the fact that such support order does not in fact provide for such order of withholding.
(g) In determining what constitutes "good cause" under the provisions of this section, the court may consider, among other factors, the obligor's payment record under prior orders requiring the payment of support and proof of timely payments made in the absence of a court order, but in every case, the primary consideration shall be the best interests of the child or children.

§48-2-16. Effect of separation agreement; what considered in awarding alimony, child support or separate maintenance.

(a) ~~In cases where~~ When the parties to an action commenced under the provisions of this article have executed a separation agreement, if the court finds that the agreement is fair and reasonable, and not obtained by fraud, duress or otherunconscionable conduct by one of the parties, and further finds that the parties, through the separation agreement, have expressed themselves in terms which, if incorporated into a judicial order, would be enforceable by a court in future proceedings, then the court shall conform the relief which it is authorized to order under the provisions of sections thirteen and fifteen of this article to the separation agreement of the parties. The separation agreement may contractually fix the division of property between the parties and may determine whether alimony shall be awarded, whether a court shall have continuing jurisdiction over the amount of an alimony award so as to increase or decrease the amount of alimony to be paid, whether alimony shall be awarded as a lump sum settlement in lieu of periodic payments, whether alimony shall continue beyond the death of the payor party or the remarriage of the payee party, or whether the alimony award shall be enforceable by contempt proceedings or other judicial remedies aside from contractual remedies. Any award of periodic payments of alimony shall be deemed to be judicially decreed and subject to subsequent modification unless there is some explicit, well expressed, clear, plain and unambiguous provision to the contrary set forth in the court approved separation agreement or the order granting the divorce.
(b) ~~In cases where~~ When the parties to an action commenced under the provisions of this article have not executed a separation agreement, or have executed an agreement which is incomplete or insufficient to resolve the outstanding issues between the parties, or ~~where~~ when the court finds the separationagreement of the parties not to be fair and reasonable or clear and unambiguous, the court shall proceed to resolve the issues outstanding between the parties. The court shall consider the following factors in determining the amount of alimony or separate maintenance, if any, to be ordered under the provisions of sections thirteen and fifteen of this article, as a supplement to or in lieu of the separation agreement:
(1) The length of time the parties were married;
(2) The period of time during the marriage when the parties actually lived together as husband and wife;
(3) The present employment income and other recurring earnings of each party from any source;
(4) The income-earning abilities of each of the parties, based upon such factors as educational background, training, employment skills, work experience, length of absence from the job market and custodial responsibilities for children;
(5) The distribution of marital property to be made under the terms of a separation agreement or by the court under the provisions of section thirty-two of this article, insofar as the distribution affects or will affect the earnings of the parties and their ability to pay or their need to receive alimony, child support or separate maintenance;
(6) The ages and the physical, mental and emotional condition of each party;
(7) The educational qualifications of each party;
(8) The likelihood that the party seeking alimony, child support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time byacquiring additional education or training;
(9) The anticipated expense of obtaining the education and training described in subdivision (8) above;
(10) The costs of educating minor children;
(11) The costs of providing health care for each of the parties and their minor children;
(12) The tax consequences to each party;
(13) The extent to which it would ~~be inappropriate for a~~ ~~party, because said party will be the custodian of a minor child~~ ~~or children,~~ not be in the best interests of a minor child for the custodian to seek employment outside of the home;
(14) The financial need of each party;
(15) The legal obligations of each party to support himself or herself and to support any other person; and
(16) Such other factors as the court ~~deems necessary or~~ ~~appropriate to consider in order~~ may consider to arrive at a fair and equitable grant of alimony, child support or separate maintenance.
(c) When the action involves a minor child or children, the court shall issue an order awarding child support in accordance with support guidelines promulgated pursuant to section eight, article two, chapter forty eight-a and shall further provide for medical support for any minor child in accordance with section fifteen-a, article two of this chapter.
(d) An order for child support entered pursuant to the provisions of sections thirteen and fifteen of this article may provide that payments of such support continue beyond the date when the child reaches the age of majority, so long as the childis enrolled as a full-time student in a secondary school or vocational school: Provided, That such payments may not extend past the date that the child reaches the age of twenty-one years.
CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.

ARTICLE 1. GENERAL PROVISIONS.

§48A-1-3. Definitions.

As used in this chapter:
(1) "Automatic data processing and retrieval system" means a computerized data processing system designed to do the following:
(A) To control, account for and monitor all of the factors in the support enforcement collection and paternity determination process, including, but not limited to:
(i) Identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses and mailing addresses of any individual with respect to whom support obligations are sought to be established or enforced and with respect to any person to whom such support obligations are owing) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screenings to determine whether such individual is paying or is obligated to pay support in more than one jurisdiction;
(ii) Checking of records of such individuals on a periodic basis with federal, interstate, intrastate and local agencies;
(iii) Maintaining the data necessary to meet applicable federal reporting requirements on a timely basis; and
(iv) Delinquency and enforcement activities;
(B) To control, account for and monitor the collection anddistribution of support payments (both interstate and intrastate), the determination, collection and distribution of incentive payments (both interstate and intrastate), and the maintenance of accounts receivable on all amounts owed, collected and distributed;
(C) To control, account for and monitor the costs of all services rendered, either directly or by exchanging information with state agencies responsible for maintaining financial management and expenditure information;
(D) To provide access to the records of the department of health and human resources or aid to families with dependent children in order to determine if a collection of a support payment causes a change affecting eligibility for or the amount of aid under such program;
(E) To provide for security against unauthorized access to, or use of, the data in such system;
(F) To facilitate the development and improvement of the income withholding and other procedures designed to improve the effectiveness of support enforcement through the monitoring of support payments, the maintenance of accurate records regarding the payment of support, and the prompt provision of notice to appropriate officials with respect to any arrearages in support payments which may occur; and
(G) To provide management information on all cases from initial referral or application through collection and enforcement.
(2) "Chief judge" means the following:
(A) The circuit judge in a judicial circuit having only onecircuit judge,; or ~~except for the twenty-third and thirty-first~~ ~~judicial circuits;~~
~~(B) In the twenty-third and thirty-first judicial circuits, a~~ ~~chief judge designated by the judges thereof from among~~ ~~themselves by general order, to act as chief judge for both~~ ~~circuits for the purposes of this chapter:~~ ~~Provided,~~ ~~That if the judges cannot agree as to who~~ ~~shall act as chief judge, then a chief judge shall be designated~~ ~~for the purposes of this chapter by the supreme court of appeals;~~ or
~~(C)~~ (B) The chief judge of the circuit court in a judicial circuit having two or more circuit judges.
(3) "Child advocate office" means the office within the department of health and human resources created under the provisions of article two of this chapter, intended by the Legislature to be the single and separate organizational unit of state government administering programs of child and spousal support enforcement and meeting the staffing and organizational requirements of the secretary of the federal department of health and human services.
(4) "Children's advocate" or "advocate" means a person appointed to such position under the provisions of section two, article three of ~~this~~ chapter forty-eight-a, and empowered to enforce the provisions of chapters forty-eight, forty-eight-a, and section twenty-nine, article five, chapter sixty-one of this code.
(5) "Court" means a circuit court of this state, unless the context in which such term is used clearly indicates that reference to some other court is intended. ~~For the purposes ofthis chapter, the circuit courts of the twenty-third and~~ ~~thirty~~- ~~first judicial circuits shall be considered as being in a~~ ~~single judicial circuit.~~
(6) "Court of competent jurisdiction" means a circuit court within this state, or a court or administrative agency of another state having jurisdiction and due legal authority to deal with the subject matter of the establishment and enforcement of support obligations. Whenever in this chapter reference is made to an order of a court of competent jurisdiction, or similar wording, such language shall be interpreted so as to include orders of an administrative agency entered in a state where enforceable orders may by law be properly made and entered by such administrative agency.
(7) "Custodial parent" or "custodial parent of a child" means a parent who has been granted custody of a child by a court of competent jurisdiction. "Noncustodial parent" means a parent of a child with respect to whom custody has been adjudicated with the result that such parent has not been granted custody of the child.
(8) "Domestic relations matter" means any circuit court proceeding involving child custody, child visitation, child support or alimony.
(9) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amountsrequired by law to be withheld.
(10) "Employer" means any individual, sole proprietorship, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, and any other legal entity which hires and pays an individual for his services.
(11) "Guardian of the property of a child" means a person lawfully invested with the power, and charged with the duty, of managing and controlling the estate of a child.
(12) "Income" includes, but is not limited to, the following:
(A) Commissions, earnings, salaries, wages and other income due or to be due in the future to an obligor from his employer and successor employers;
(B) Any payment due or to be due in the future to an obligor from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental employment benefits, workers' compensation benefits, state lottery winnings and prizes, and overtime pay;
(C) Any amount of money which is owing to the obligor as a debt from an individual, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, or any other legal entity which is indebted to the obligor.
(13) "Individual entitled to support enforcement services under the provisions of this chapter and the provisions of TitleIV-D of the Federal Social Security Act" means:
(A) An individual who has applied for or is receiving services from the child advocate office and who is the custodial parent of a child, or the primary caretaker of a child, or the guardian of the property of a child when:
(i) Such child has a parent and child relationship with an obligor who is not such custodial parent, primary caretaker or guardian; and
(ii) The obligor with whom the child has a parent and child relationship is not meeting an obligation to support the child, or has not met such obligation in the past; or
(B) An individual who has applied for or is receiving services from the child advocate office and who is an adult or an emancipated minor whose spouse or former spouse has been ordered by a court of competent jurisdiction to pay spousal support to the individual, whether such support is denominated alimony or separate maintenance, or is identified by some other terminology, thus establishing a support obligation with respect to such spouse, when the obligor required to pay such spousal support is not meeting the obligation, or has not met such obligation in the past.
(C) An individual who is an obligee in a support order entered by a court of competent jurisdiction after the thirty- first day of December, one thousand nine hundred ninety-three.
(14) "Master" or "family law master" means a person appointed to such position under the provisions of section one, article four of this chapter.
(15) "Obligee" means an individual to whom a duty ofsupport is owed, or the state of West Virginia or the department of health and human resources, if support has been assigned to the state or department.
(16) "Obligor" means a person who owes a legal duty to support another person.
(17) "Office of the children's advocate" means the office created in section two, article three of this chapter.
(18) "Primary caretaker of a child" means a parent or other person having actual physical custody of a child without a court order granting such custody, and who has been primarily responsible for exercising parental rights and responsibilities with regard to such child.
(19) "Source of income" means an employer or successor employer or any other person who owes or will owe income to an obligor.
(20) "Support" means the payment of money including interest:
(A) For a child or spouse, ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent or modified order, decree or judgment of such court, and the amount of unpaid support shall bear interest from the date it accrued, at a rate of ten dollars upon one hundred dollars per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;
(B) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent ormortgage payments, payments on an automobile, or payments for day care; and/or
(C) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
(21) "Support order" means any order of a court of competent jurisdiction for the payment of support, whether or not for a sum certain.

ARTICLE 2. WEST VIRGINIA CHILD ADVOCATE OFFICE.

§48A-2-19. Providing information to ~~credit~~ consumer reporting agencies.

(a) For purposes of this section, the term "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(b) The director shall propose and adopt a procedural rule in accordance with the provisions of sections four and eight, article three, chapter twenty-nine of this code, establishing procedures whereby information regarding the amount of overdue support owed by an obligor residing in this state will be made available by the office to any consumer reporting agency, upon the request of such consumer reporting agency.
(c) (1) If the amount of any overdue support is equal to or less than the amount of arrearage which would cause the mailing of a notice as provided for in subsection (b), section three,article five of this chapter, information regarding such amount shall not be made available;
(2) If the amount of any overdue support exceeds the amount of arrearage which would cause the mailing of a notice as provided for in subsection (b), section three, article five of this chapter, information regarding such amount shall be made available.
(d) The procedural rule proposed and adopted shall provide that any information with respect to an obligor shall be made available only after notice has been sent to such obligor of the proposed action, and such obligor has been given a reasonable opportunity to contest the accuracy of such information.
(e) The procedural rule proposed and adopted shall afford the obligor with procedural due process prior to making information available with respect to the obligor.
(f) The information made available to the requesting consumer reporting agency regarding overdue support may be the in the same form as information submitted to the secretary of the treasury of the United States in accordance with the provisions of section fifteen, article two of this chapter.
(g) The office may impose a fee for furnishing such information, not to exceed the actual cost thereof.

Print On Demand