Section 17456 Of Article 1.5. Delinquent Child Support Obligations And Financial Institution Data Match From California Family Law Code >> Division 17. >> Chapter 2. >> Article 1.5.
17456
. (a) Any person required to withhold and transmit any amount
pursuant to this article shall comply with the requirement without
resort to any legal or equitable action in a court of law or equity.
Any person paying to the department any amount required by it to be
withheld is not liable therefore to the person from whom withheld
unless the amount withheld is refunded to the withholding agent.
However, if a depository institution, as defined in the Federal
Reserve Act (12 U.S.C.A. Sec. 461(b)(1)(A)) withholds and pays to the
department pursuant to this article any moneys held in a deposit
account in which the delinquent obligor and another person or persons
have an interest, or in an account held in the name of a third party
or parties in which the delinquent obligor is ultimately determined
to have no interest, the depository institution paying those moneys
to the department is not liable therefore to any of the persons who
have an interest in the account, unless the amount withheld is
refunded to the withholding agent.
(b) In the case of a deposit account or accounts for which this
notice to withhold applies, the depository institution shall send a
notice by first-class mail to each person named on the account or
accounts included in the notice from the department, provided that a
current address for each person is available to the institution. This
notice shall inform each person as to the reason for the hold placed
on the account or accounts, the amount subject to being withheld,
and the date by which this amount is to be remitted to the
department. An institution may assess the account or accounts of each
person receiving this notice a reasonable service charge not to
exceed three dollars ($3).