§ 5-17-108 — Verification of account information

(1) In lieu of section 5-16-109,
the following verification provisions shall apply to the collection of child support by
a collector:

(a) Not later than five days after a collector initially communicates with an
obligor on behalf of an obligee with respect to the collection of child support due,
unless the obligor has paid the child support, the collector shall send the obligor a
written notice containing the following:

(I) The name of the obligee;

(II) A statement of the amount of the child support arrears, including any
associated interest, late payment fee, or other charge authorized by law, and of the
amount of the current child support owed by the obligor to the obligee;

(III) A statement that the collector assumes that the obligor owes child
support to the obligee and that the amounts owed as described in the statement
pursuant to subsection (1)(a)(II) of this section are correct, unless the obligor
disputes the existence or amount of the child support obligation within thirty days
after receipt of the notice;

(IV) A statement that if, within the thirty-day period described in subsection
(1)(a)(III) of this section, the obligor notifies the collector in writing that the obligor
disputes the existence or amount of the child support obligation, the collector will
cease efforts to collect the child support, subject to subsection (1)(b) of this section,
until the collector:

(A) Obtains written verification of the existence or amount of the obligation
or a copy of the judgment against the obligor; and

(B) Mails to the obligor a copy of the verification or judgment; and

(V) A statement that the arrears balance reflected does not include any
amounts owed to a county delegate child support enforcement unit or state agency
administering a state plan approved under Title IV-D of the federal Social Security
Act, as amended.

(b) A statement made by a collector pursuant to subsection (1)(a)(IV) of this
section shall not affect the enforceability of a valid income-withholding order or
assignment issued by an appropriate authority under state law for child support
collection purposes.

(c) The failure of an obligor to dispute the amount or existence of child
support pursuant to subsection (1)(a)(IV) of this section shall not be construed as an
admission of liability by the obligor.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1111, � 2, effective August 9.