Florida Statutes 61.1354 – Sharing of information between consumer reporting agencies and the IV-D agency
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(1) Upon receipt of a request from a consumer reporting agency as defined in s. 603(f) of the Fair Credit Reporting Act, the IV-D agency or the depository in non-Title IV-D cases shall make available information relating to the amount of current and overdue support owed by an obligor. The IV-D agency or the depository in non-Title IV-D cases shall give the obligor written notice, at least 15 days prior to the release of information, of the IV-D agency’s or depository’s authority to release information to consumer reporting agencies relating to the amount of current and overdue support owed by the obligor. The obligor shall be informed of his or her right to request a hearing with the IV-D agency or the court in non-Title IV-D cases to contest the accuracy of the information.
(2) The IV-D agency shall report periodically to appropriate consumer reporting agencies, as identified by the IV-D agency, the name and social security number of any delinquent obligor, the amount of overdue support owed by the obligor, and the amount of the obligor’s current support obligation when the overdue support is paid. The IV-D agency, or its designee, shall provide the obligor with written notice, at least 15 days prior to the initial release of information, of the IV-D agency’s authority to release the information periodically to the consumer reporting agencies. The notice shall state the amount of overdue support owed and the amount of current support owed when the overdue support is paid and shall inform the obligor of the right to request a hearing with the IV-D agency within 15 days after receipt of the notice to contest the accuracy of the information. After the initial notice is given, no further notice or opportunity for a hearing need be given when updated information concerning the same obligor is periodically released to the consumer reporting agencies.
(3) A consumer reporting agency shall provide, upon request, consumer reports to the department pursuant to s. 604 of the Fair Credit Reporting Act, provided that the department certifies that:
(a) The consumer report is needed for the purpose of establishing an individual’s capacity to make support payments, determining the appropriate level of support payments, or enforcing a child support order, award, agreement, or judgment;
Terms Used In Florida Statutes 61.1354
- Department: means the Department of Revenue. See Florida Statutes 61.046
- Depository: means a depository established by the clerk of the circuit court in each county pursuant to…. See Florida Statutes 61.046
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- 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 responsible for making payments pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support. See Florida Statutes 61.046
- Support order: means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction or administrative agency for the support and maintenance of a child which provides for monetary support, health care, arrearages, or past support. See Florida Statutes 61.046
(b) The consumer’s parentage of the child to whom the obligation relates has been established or acknowledged by the consumer in accordance with state laws under which the obligation arises;
(c) The individual whose report is sought was provided with at least 15 days’ prior notice, by regular mail to the individual’s last known address, that the report was requested; and
(d) The consumer report will be kept confidential, will be used solely for the purpose described in paragraph (a), and will not be used in connection with any other civil, administrative, or criminal proceeding or for any other purpose.
(4) For purposes of setting an initial or modified child support order, consumer reporting agencies shall provide, upon request, consumer reports to the IV-D agency.
(5) The Department of Revenue is authorized to adopt rules necessary to implement this section.