25-513. Employer cooperation; violation;
classification
A. On written request delivered by first class mail to an employer, payor or
self-employed person by the department or its agent or the child support enforcement
entity of any other state or its agent that administers a child support enforcement
program as required by title IV-D of the social security act or by either party to a
proceeding for support or maintenance, the employer, payor or self-employed person to
whom the request is directed within twenty days of delivery shall notify the requesting
party of the following information that the employer, payor or self-employed person
possesses concerning the person who is obligated to pay support or maintenance or against
whom this obligation is sought or to whom this obligation is owed:
1. Complete name.
2. Social security number.
3. Date and place of birth.
4. Present and past employment status.
5. Earnings, income, entitlements or other monies without regard to source.
6. Current or last known address.
7. Assets.
8. Availability and description of present or previous health insurance coverage
for a dependent child.
9. Health insurance benefits paid or applied for under a health insurance policy
for a dependent child.
10. Other benefits, including disability payments or payments made pursuant to a
pension or retirement program.
B. The information required pursuant to subsection A, paragraphs 5, 7, 8, 9 and 10
shall not be requested or provided unless paternity has been established.
C. If any legal action is necessary for the requesting party to obtain the
information requested pursuant to subsection A, the requesting party is entitled to
receive costs and attorney fees from the employer, payor or self-employed person who
fails to cooperate as prescribed in subsection A.
D. A party shall not request or receive address information protected by an order
of protection, an injunction against harassment or any other court order in a domestic
violence matter. The employer, payor or self-employed person is not required to
determine whether an order of protection, an injunction against harassment or any other
court order in a domestic violence matter exists before releasing the information
requested pursuant to subsection A.
E. A party other than the department or its agent or the child support enforcement
entity of any other state or its agent that administers a child support enforcement
program as required by title IV-D of the social security act may make a request for
information pursuant to this section not more than once in any three month period.
F. A party may request and obtain information pursuant to subsection A only for the
following purposes:
1. To identify and locate a person who is under an obligation to pay support.
2. To identify and locate a person against whom an obligation is sought.
3. To identify and locate a person to whom an obligation is owed.
4. To identify and locate information pursuant to subsection A, paragraphs 5, 7, 8,
9 and 10 relating to a person who is obligated to pay support.
G. A party who requests or obtains information pursuant to subsection A for
purposes other than those prescribed in subsection F is guilty of a class 1 misdemeanor.
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