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ACT No. 272
Regular Session, 2010
HOUSE BILL NO. 741
BY REPRESENTATIVE JOHNSON
AN ACT1
To amend and reenact R.S. 46:236.1.4(B), relative to family and child support programs; to2
provide for financial institution duties; to provide for the authority of other states to3
place levies and liens on assets of noncustodial parents; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:236.1.4(B) is hereby amended and reenacted to read as follows:7
ยง236.1.4. Family and child support programs; financial institution duties;8
responsibilities9
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B.(1) For the purposes of this Subsection, the following definitions shall11
apply:12
(a) "Financial institution" shall have the meaning ascribed in R.S.13
46:236.1.1.14
(b) "Title IV-D agency" shall mean an agency that administers child support15
programs pursuant to Title IV-D of the Social Security Act of 1975.16
(2) In response to a notice of lien or levy, a financial institution shall17
encumber or surrender assets held by such institution on behalf of the noncustodial18
parent who is subject to a child support lien pursuant to 42 U.S.C. 666(a)(4). The19
state shall recognize the authority of Title IV-D agencies in other states to enforce20
all child support matters if the provisions of this Subsection are met.21
(3) Any Title IV-D agency may enforce a lien in this state by attaching and22
seizing of assets of the delinquent obligor held in a financial institution operating in23
Louisiana without the necessity of obtaining an order from any other judicial or24 ENROLLEDHB NO. 741
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administrative tribunal if the financial institution is presented with a properly1
documented request. To be properly documented and valid, such request shall2
contain all of the following:3
(a) A certified copy of the judgment or administrative order issued by the4
appropriate legal authority establishing the lien.5
(b) A letter or notice of lien or levy which includes all of the following6
information:7
(i) The name of the Title IV-D agency responsible for making the request for8
attachment and seizure of assets.9
(ii) The name of the Title IV-D agency representative responsible for making10
the request for attachment and seizure of assets.11
(iii) The name of the financial institution to whom the request for attachment12
and seizure is directed.13
(iv) The name and social security number of the obligor against whom the14
lien is sought to be enforced.15
(v) The name and address of the Title IV-D agency to whom the financial16
institution is to remit the seized assets or deposits.17
(vi) A statement confirming that a copy of the request for attachment and18
seizure of assets or deposits was sent to the obligor by certified mail with return19
receipt requested.20
(4) To transmit a request prepared in accordance with the provisions of this21
Subsection, a Title IV-D agency shall send the request by certified mail with return22
receipt requested to all of the following:23
(a) A financial institution through its registered agent as defined in R.S.24
6:285(C).25
(b) The obligor against whom the lien is sought to be enforced.26
(5) If, after fifteen days from the date that a financial institution receives a27
request which conforms with the provisions of this Subpart, the person against whom28
the lien is sought has not provided written notice stating that he has taken legal29
action to enjoin or otherwise restrain compliance with the request, then the financial30 ENROLLEDHB NO. 741
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institution may remit funds or other assets to the Title IV-D agency making the1
request.2
(6) No financial institution, including its directors, officers, employees,3
attorneys, accountants, or other agents, shall incur liability to any person, including4
any depositor or other customer, as a result of remitting deposits or other assets to5
a Title IV-D agency in compliance with a request that conforms to the provisions of6
this Subsection.7
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: