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Furnishing Consumer Reports for Certain Purposes Relating to Child Support

PIQ-99-08

Published: December 3, 1999
Information About:
State/Local Child Support Agencies
Types:
Policy, Policy Interpretation Questions (PIQ)
Tags:
Credit Reporting

U.S. Department of Health and Human Services
Administration for Children & Families
Office of Child Support Enforcement

PIQ-99-08

DATE: December 3, 1999

TO: State IV-D Directors and Regional Program Managers

FROM: David Gray Ross
Commissioner
Office of Child Support Enforcement

SUBJECT: Furnishing Consumer Reports for Certain Purposes Relating to Child Support

This is a follow-up and correction to PIQ-98-09 regarding furnishing a consumer report for enforcing a child support order.

Question 1: Is the noncustodial parent required to authorize the release of his or her report when a consumer report is furnished for enforcing a child support order?

Response: No. Such authorization is not required by the noncustodial parent. Section 604(c)(1)(A) of the Fair Credit Reporting Act (FCRA) only requires the consumer’s authorization when the consumer report is furnished in connection with credit or insurance transactions (not IV-D transactions) that are not initiated by the consumer.

Question 2:Is the reference to "enforcement" in the last paragraph of the response to Question 2 in PIQ-98-09 correct?

Response: No. The last paragraph of the response to Question 2 in PIQ-98-09 should read, "Section (a)(5) allows a report to be obtained for an establishment or for a modification action." The recent change in the FCRA was to broaden the use of a full report to include establishment and modification, in addition to enforcement.

I hope this additional information is helpful in interpreting the requirements of "Furnishing Consumer Reports for Certain Purposes Relating to Child Support."