New Jersey § 2a:17-56

§ 2a:17-56.

a. Each financial institution doing business in the State shall provide information

to the department on all non-custodial parents who maintain an account at the financial

institution and who owe past due child support that equals or exceeds the amount of

support payable for three months and for which no regular payments are being made. b. In order to provide the information required pursuant to subsection a. of this

section, a financial institution shall enter into an agreement and, at its option: (1) identify non-custodial parents by comparing records maintained by the financial

institution with records provided by the department by name, address of record and

either Social Security number, tax identification number or other identifying information; (2) submit to the department a report that includes the name, address of record and

either Social Security number, tax identification number or other identifying information

of each individual maintaining an account at the financial institution as shown on

its records of that account; or (3) enter into an agreement with the department to provide the name, address of record

and either Social Security number, tax identification number or other identifying

information in a form and by a method mutually agreeable to the financial institution

and the department. c. The department shall enter into a cooperative agreement with financial institutions

doing business in this State to provide the information required pursuant to subsection

a. of this section on a quarterly basis, by electronic or magnetic media, mail, facsimile

or any automated data exchange method or other means authorized by the department. The department shall establish, by regulation, and pay a reasonable fee for the

data match provided for in this subsection. To the extent consistent with federal law, the department shall reimburse a financial

institution for actual costs that are reasonably and efficiently incurred in conducting

the data match provided for in this section. d. In response to a notice of lien or levy, a financial institution shall encumber

or surrender, as the case may be, assets held by the financial institution on behalf

of any noncustodial parent who is subject to a child support lien pursuant to 42 U.S.C. s.666(a)(4) . To the extent consistent with federal law, the encumbrance or surrender shall be

subject to any right to any fees and penalties or set-off the financial institution

may have against the assets under State law. The assets shall be held and not distributed to any party until the contest period

provided for in subsection f. of this section has expired or while an action on these

assets is pending in court. e. Notwithstanding any other law to the contrary, a financial institution that is

directed to levy upon, block, freeze or encumber an account pursuant to the provisions

of this section, is entitled to: (1) collect or deduct from the account its reasonable

and normally scheduled processing fee for a levy; and (2) collect or deduct its normally

scheduled account activity fee to maintain the account for any period the account

is blocked, frozen or encumbered. The provisions of this section shall not be construed to preclude a financial institution

from exercising its right to charge back or recoup a deposit to an account. f. Notwithstanding any other provision of federal or State law to the contrary, a

financial institution shall not be liable under any federal or State law to any person

for any disclosure of information to the department for the purpose of establishing,

modifying or enforcing a child support obligation of an individual, or for encumbering,

holding, refusing to release to the obligor or surrendering any assets held by the

financial institution, in response to a notice of lien or levy issued by the department,

or for any other action taken in good faith to comply with the requirements of this

section, regardless of whether the action was authorized or described pursuant to

this section. The department shall provide notice of the intent to levy an account and an opportunity

to contest the levy within 30 days of the date of the notice, in accordance with regulations

adopted by the commissioner. A financial institution shall not be required to give notice to an account holder

or customer that the financial institution has provided information or taken any action

pursuant to the provisions of this section. The financial institution shall not be liable for failure to provide the notice. g. In obtaining a financial record of an individual from a financial institution,

the department may only disclose the financial information for the purpose of, and

to the extent necessary to establish, modify or enforce a child support obligation

of the individual. h. If any officer or employee of the department knowingly, or by reason of negligence,

discloses a financial record of an individual in violation of subsection g. of this

section, the injured individual may bring a civil action for damages against the officer

or employee. Unauthorized release of information shall also be cause for administrative discipline

of any employee who engages in an unauthorized release. In the case of willful unauthorized release of information, such action by an employee

shall be cause for termination of employment. i. No liability shall arise under this section with respect to any disclosure which

results from a good faith but erroneous interpretation. j. No financial institution-affiliated party shall be required to provide information

required by this section if the financial institution with which the party is affiliated

has otherwise provided the required information. k. The amount subject to levy in a joint account, as defined in section 2 of P.L.1979,

c. 491 ( C.17:16I-2 ), shall be in accordance with the provisions of section 4 of P.L.1979, c. 491 ( C.17:16I-4 ).