46-445

46-445. Electronic transfer of support
payments; warrants; definition

A. The department shall establish a mandatory process to transfer support payments
electronically. Under this process, the department or its agent shall disburse support
payments electronically to an account designated by the obligee or an alternate account
that can be accessed by the obligee through an electronic access card.

B. On establishment of the process prescribed in subsection A, electronic transfer
of support payments is mandatory unless a hardship exemption is granted. The department
or its agent shall provide a notice to each obligee that includes the following:

1. That the obligee has ten days after the date of the notice to complete an
authorization for automatic deposit form and return it to the department and that the
department or its agent will issue an electronic access card for receipt of support
payments unless the obligee claims a hardship exemption pursuant to subsection C,
paragraph 3.

2. That a request for a hardship exemption must be in writing and include
documentation that supports the request.

3. Information on the use and restrictions associated with the use of an electronic
access card.

C. The department may authorize the generation of a payment by warrant if any of
the following conditions applies:

1. Generation of a warrant is necessary to meet federal requirements and electronic
transfer is not feasible.

2. The obligee is involved in legal proceedings that require payments to be sent to
a trustee or representative payee.

3. The obligee has not requested automatic deposit to a designated account of the
obligee and has asserted in writing that the use of an electronic access card will create
an undue hardship because of a documented physical or mental disability.

D. The director may adopt rules to implement this section.

E. For the purposes of this section, "electronic access card" means a stored value
card that is issued by the department or its agents and in which support payments are
deposited electronically in the same manner as automatic or direct deposit.