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Office of Child Support - Financial Institution Data Match (FIDM)
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In order to best protect confidential and other important data, the ODJFS website will no longer support several outdated web browsers. Effective December 5, Internet Explorer 6 or older, Opera 4 or older and Netscape Navigator will no longer work on ODJFS sites that are https-enabled. Individuals can download the most recent version of Internet Explorer here and the most recent version of Opera here.

FINANCIAL INSTITUTION DATA MATCH (FIDM) OVERVIEW

Overview

Federal legislation (The Personal Responsibility and Work Opportunity Reconciliation Act of 1996) requires all states to establish requirements under which the Child Support agency (Ohio Department of Job and Family Services) will enter into agreements with financial institutions doing business in Ohio for the purpose of conducting a quarterly data match. Ohio's requirements governing account information access agreements are contained in Ohio Revised Code (ORC) sections 3121.74 to .78; and those governing access restriction and withdrawal directive activity are contained in ORC sections 3123.24 to .38.    

ORC section 3121.74 requires the agreements being financial institutions doing business in Ohio and the Ohio Department of Job and Family Services to provide the Office access to the following account information each quarter: (A) the obligor's name, (B) the obligor's address, (C) the obligor's social security number or tax identification number, (D) information relative to joint account holders, (E) the type of account maintained by the obligor, and (F) any other information agreed to by the parties.  

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What is the purpose of the Financial Institution Data Match?   

The purpose of FIDM is to identify accounts belonging to non-residential parents who are delinquent in their child support obligations. Once identified, these accounts may be subject to "freezing" and "seizing" by the county Child Support Enforcement Agency. 

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What financial institutions must participate in FIDM?   

Financial institutions that must participate in FIDM include: 

  • Banks & savings and loans; 
  • Federal and State credit unions; 
  • Benefit associations, insurance companies, safe deposit companies, money-market mutual funds and similar institutions, in which a person who is required to pay child support has funds on deposit that are not exempt under law from execution, attachment, or other legal process. 

Accounts that will be subject to matching include: demand deposit; checking or negotiable withdrawal order; savings; time deposit; or money-market mutual fund. 

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Single State Financial Institutions Data Matches (SSFIDM) (Updated)   

Single state financial institutions (FIs) include those institutions doing business in only one state and those multi-state FIs declining the option to process through the federal OCSE. Each state is responsible for identifying single-state FIs and for conducting the data match with them. The Ohio Department of Job and Family Services has a contract with a service provider and the service provider manages the Ohio financial institution agreements and performs the quarterly data match. 

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Multistate Financial Institution Data Mataches

Additional federal legislation, the Child Support Performance and Incentive Act of 1998, gives the Federal Office of Child Support Enforcement (OCSE) the authority to assist states in conducting data matches with financial institutions conducting business in more than one state (multistate financial institutions). Under that authority, the federal Office of Child Support Enforcement will execute operational agreements with multistate financial institutions, secure from states the names of delinquent nonresidential parents, and conduct a match of those names with accounts held by the multistate FI. 

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What are the participation options for multistate financial institutions?   

Multistate FIs may choose whether to enter into an operational agreement with the federal OCSE for multistate FI data matching or with each separate state in which the financial institution conducts business. If a multistate financial institution elects not to participate in the multistate matching at the federal level, that institution will receive separate requests for data matching from each state in which it conducts business. 

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What requirements exist for safeguarding information?

Any information obtained from a financial institution is confidential and is not a public record. Each person or government entity that obtains information from a financial institution concerning an account holder is prohibited from disclosing the information for any purpose other than the establishment, modification, or enforcement of a support order. 

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Are financial institutions exempt from liability for providing information?

A financial institution and its officers, directors, and employees are exempt from criminal or civil liability for disclosing or releasing information concerning an account holder to a child support enforcement agency, or for any other action taken in good faith to comply with the requirements of data matching with the child support enforcement agency. 

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(OCSE) Analysis of Regulations Issued in Response to the Gramm/Leach/Bliley Act (as of 7/27/2000)

Issue 1: Do the regulations issued by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of Thrift Supervision, or the regulation issued by the National Credit Union Administration prohibit financial institutions from disclosing information to State IV-D agencies through the FIDM match?   

Answer: No.   

Analysis: The various federal regulatory agencies with supervision of financial institutions have issued regulations in response to the Gramm/Leach/Bliley Act. All of the regulations contain language that reflects that of the G/L/B Act.   

The G/L/B Act, at section 502(e)(8) permits disclosures "to comply with Federal, State or local laws, rules and other applicable legal requirements," without the need for financial institutions to provide notice to consumers.   

The regulations issued by the Office of the Comptroller of the Currency (at 12 CFR 40.15(a)(7)(i)), the Board of Governors of the Federal Reserve System (at 12 CFR 216.15(a)(7)(i)), the Federal Deposit Insurance Corporation (at 12 CFR 332.15(a)(7)(i)), the Office of Thrift Supervision (at 12 CFR 573.15(a)(7)(i)), and the National Credit Union Administration (at 12 CFR 716.15(a)(7)(i)) incorporate this language verbatim.   

Issue 2: If the IV-D agency contacts the financial institution which has a matched account to obtain additional information before issuing a levy notice to the financial institution, does anything in the new federal regulations [issued in response to the Gramm/Leach/Bliley Act] prohibit the financial institution from disclosing the requested information to the IV-D agency?   

Answer: No, as long as the information is requested through a subpoena or summons.   

Analysis: The various federal regulatory agencies with supervision of financial institutions have issued regulations in response to the Gramm/Leach/Bliley Act. All of the regulations contain language that reflects that of the G/L/B Act.   

The G/L/B Act, at section 502(e)(8) permits disclosures "to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State or local authorities," without the need to provide notice to consumers.   

The regulations issued by the Office of the Comptroller of the Currency (at 12 CFR 40.15(a)(7)(ii)), the Board of Governors of the Federal Reserve System (at 12 CFR 216.15(a)(7)(ii)), the Federal Deposit Insurance Corporation (at 12 CFR 332.15(a)(7)(ii)), the Office of Thrift Supervision (at 12 CFR 573.15(a)(7)(ii)), and the National Credit Union Administration (at 12 CFR 716.15(a)(7)(ii)) incorporate this language verbatim   

Thus, if a financial institution receives a subpoena or summons for information on an account identified through the FIDM process, it may honor it without violating the federal regulations. 

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How will the program operate?

In Ohio, the county child support enforcement agency (CSEA) will make a request to freeze assets identified in the matching process through an "access restriction" (ODHS 4050). Access restriction means an encumbrance on an account so that funds within the account may not be withdrawn or transferred. An access restriction remains in effect until it is removed by court or CSEA action (ODHS 4051). Before sending an access restriction to a financial institution, a CSEA will ensure that the nonresidential parent has been given "due process" (the opportunity to contest the amount of support arrears).   

The CSEA will seize assets through a "withdrawal directive" (ODHS 4055). A withdrawal directive instructs a financial institution (FI) to withdraw a specified amount from an account and transmit the withdrawn funds to the CSEA. CSEAs will ensure that any other person(s) having ownership of the account(s) has received advance notice of the withdrawal directive (ODHS 4052) and has been given an opportunity to object (ODHS 4053 and ODHS 4054) to a withdrawal directive upon his/her share of the account(s).   

Ohio will use the Matched Accounts Method, which requires an inquiry file composed only of delinquent obligors. The FI conducts a match to discover only information about the delinquent obligors. (See specific information below relative to multi-state and single state financial institutions.)

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How do FIDM requirements compare to financial institution withholdings under Ohio law?

Ohio Revised Code sections 3121.03 through 3121.0310 have for sometime authorized ongoing withholding (pursuant to a withholdingnotice, ODHS 4047, based on an administrative or judicial child/spousal support order) of funds on deposit in a financial institution. The distinction between the income withholding function and the data match function is that withholding focuses primarily on the payment of current support, while FIDM focuses on the payment of past due support. The purpose of the FIDM program is to effect a onetime deduction to collect delinquent support. It is possible for a financial institution to participate in both the income withholding and the FIDM processes.

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Last Updated 02/14/2013