§ 19-11-34.Verification; immunity from liability
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 2017 · Last verified October 9, 2026
Full Text of § 19-11-34
Plain-English Summary
Before levying an account, the child support enforcement agency often needs to confirm it has the right person and the right account. This section lets it check. The agency may contact a financial institution to verify the account number, the names and Social Security numbers listed for the account, and the account balance of any account held by an obligor.
Banks get some protection against impostors. A financial institution may require positive voice recognition and the telephone number of the authorized person from the child support enforcement agency before releasing an obligor’s account information by telephone. That requirement is the bank’s choice; the section says “may.”
Two liability rules follow. The financial institution is immune from any liability, civil or criminal, that might otherwise arise from information it releases to the agency under this section. And neither the financial institution nor the agency is liable for the cost of any early withdrawal penalty on an obligor’s certificate of deposit. The section doesn’t say anyone else must cover that penalty, so when a levy reaches a CD, the cost of breaking it early stays with the account.
This verification step sits between the notice in § 19-11-33 and the notice to the bank in § 19-11-35. Verification helps the agency avoid the mistakes of identity or ownership that § 19-11-37 treats as grounds to release a levy.
Frequently Asked Questions
Can the child support agency call my bank to check my account balance?
Yes. The child support enforcement agency may contact a financial institution to obtain verification of the account number, the names and Social Security numbers listed for the account, and the account balance of any account held by an obligor. A bank may insist on positive voice recognition and the telephone number of the authorized agency employee before releasing that information by phone.
Can I sue my bank for telling child support about my account?
Not for information released under this section. The financial institution is immune from any liability, civil or criminal, that might otherwise be incurred or imposed for information it releases to the child support enforcement agency under this section. Section 19-11-30.9 gives a similar shield for bank match reports.
Who pays the early withdrawal penalty if child support levies my CD?
Neither the financial institution nor the child support enforcement agency is liable for the cost of any early withdrawal penalty on an obligor’s certificate of deposit. In practice, that leaves the penalty with the account. Section 19-11-37(m) also treats each certificate of deposit as a separate account for purposes of reimbursing fees and costs.
How does a bank confirm a caller is from child support enforcement?
The section lets the financial institution protect itself. Before releasing an obligor’s account information by telephone, it may require positive voice recognition and the telephone number of the authorized person from the child support enforcement agency. The bank decides whether to require those checks.
What information can the child support agency verify with a bank?
Four items: the account number, the names listed for the account, the Social Security numbers listed for the account, and the account balance. The verification covers any account held by an obligor. The section doesn’t authorize the agency to obtain other account records through this verification step.
Amendment History
Laws 1997, p. 1613, § 31; Laws 2017, Act 242, § 2-3, eff. July 1, 2017.