Financial Institution Data Match (FIDM)

New Jersey Judiciary Probation Child Support Enforcement

Section 1612 - Revised 11-19-2021

A. Authority  

United States Code:	42 U.S.C. 666(a)(17)
Public Law:	P. L. 104-193
New Jersey Statutes Annotated:	N.J.S.A. 2A:17-56.53 N.J.S.A. 2A:17-56.57

B. Overview

The Financial Institution Data Match (FIDM) Program consists of a quarterly interface between New Jersey Kids Deserve Support (NJKiDS) and various financial institution account records belonging to obligors who are delinquent in their child support obligations. Once identified, these accounts may be frozen and subsequently seized to satisfy child support arrears. This action is commonly known as an account levy. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) required all states to establish procedures under which the IV-D agency would enter into agreements with financial institutions to conduct a data match for the purpose of securing information on financial assets to pay for child support debt.

This program is the responsibility of the Division of Family Development (DFD), Office of Child Support Services, Administrative Enforcement Unit (AEU). The contact information is DFDLienLevy@dhs.nj.gov or fax at 609- 631-6428. DFD has contracted with a private vendor to extract NJKiDS data on a weekly basis and match the data electronically with the banking industry.

C. Selection Criteria for FIDM

In order for a case to be selected the following criteria must exist:

1. Arrears only cases – Arrears greater than $500 and arrears payback not satisfied for previous 2 months;
2. Charging cases – Monthly support obligation (MSO) and arrears payback not satisfied for the previous 2 months and arrears greater than 3 times the MSO;
3. 45 days have elapsed since the date of the entry of the original obligation on Obligations By Case/OWIZ page;
4. An open IV-D case;
5. No regular payment in 35 days;
6. A verified Social Security number (SSN) and Supplemental Security Income (SSI) indicator not checked on Member Demographics/DEMO page (the Federal Case Registry (FCR) verifies cases for eligibility daily);
7. A valid interstate status;
8. No FIDM exemption;
9. No active bankruptcy filing; and
10. No open case closure chain.

D. Type of Financial Institutions and Accounts Seized

1. Banks and savings and loans
2. Federal and State credit unions
3. Benefit associations, insurance companies, safe deposit companies, money-market mutual funds and similar institutions, in which an obligor has funds on deposit that are not exempt under the law from execution, attachment, or other legal process
4. Accounts subject to seizure are savings, checking, certificates of deposit money market, retirement fund, 401K, as well as other deferred compensation plans
5. Other accounts that can be levied, include individual retirement accounts (IRAs), securities, stocks, etc. Any questions regarding commissions, fees or liquidation penalties can be directed to the DFD AEU

Note: Certain accounts are exempt including, but not limited to escrow accounts, trust accounts, and landlord/tenant accounts.

E. Notification Process

1. The matches are based on the obligor’s SSN, name, and date of birth. Once the vendor receives the data matches, the vendor compares the matches with the NJKiDS file for verification. If the information is verified, it is called a “full match” and it is received by AEU as a daily task in NJKiDS.
2. DFD AEU performs a review to determine whether to approve the levy. AEU staff must enter free form text regarding any disapproval. When the activity chain is closed, a notification is sent to the Probation Child Support Enforcement (PCSE) FIDM Liaison. Case conditions that may be considered during the review process may include, but are not limited to:
   1. Pending litigation or case activity that may impact the arrears, including a PCSE audit;
   2. Obligor is deceased, and no arrears were owed at time of death or obligor has been deceased for over a year;
   3. An active bankruptcy filing is listed on Member Demographics/DEMO page (Chapter 7, 11, 12, or 13); and
   4. Any case where payment is on distribution hold and has not yet applied to the case.
3. For approved FIDM selections, NJKiDS issues a Notice of Levy to Financial Institution (CS612) which freezes the account up to the amount of arrears owed across all eligible cases. This 3-page document (CS612) contains the Notice of Right to Garnish Federal Benefits which outlines the child support agency’s authority to attach or seize assets, the Notice of Levy to Financial Institution which mandates the financial institution to block or freeze the funds, and the Notice of Levy to Financial Institution response page which the financial institution completes and returns to AEU.
4. Seven days later, the Notice of Levy to Obligor (CS613) is sent by NJKiDS.

F. Contesting FIDM

The obligor has 30 calendar days to provide a written contest by completing and returning the second page of the CS613, along with any supporting documentation to AEU.

Note: AEU will accept written contests from joint account holders. All case specific information remains confidential to third parties.

If the obligor files a written contest within 30 calendar days from the date of the CS613, AEU will generate the Notice to Obligor of Contest Filed (CS620) advising the obligor that DFD has received the contest. The financial institution will receive a Notice to Financial Institution of Contest Filed (CS619). This letter advises the financial institution to continue the levy and not distribute any funds until further notice from AEU.

Note: If the obligor files a written contest after the 30-day contest period has ended, AEU may accept the “late contest” in limited circumstances or may manually generate the Notice to Obligor – Late Receipt of Contest (CS625) from View and Print Documents/NPRO page advising that an appeal must be filed with the Appellate Division of the Superior Court if obligor wishes to contest the levy.

AEU will attempt to resolve the contest with the documents provided by the obligor. If AEU requires further information from the obligor, the Request for Additional Information form (CS623) can be sent. If AEU needs to reach out to the vicinages for assistance, they will contact the FIDM Liaison via telephone or action note.

If the obligor does not file a contest, the financial institution will send the levied funds 40 calendar days after the CS612 Notice was generated. If the financial institution advises there are no available funds to levy, the Notice to Obligor of Attempted Levy (CS624) is sent to the obligor. This advises that a levy will not take place, but other enforcement remedies may be implemented if arrears are still owed.

If the obligor does not wish to file a contest and requests, in writing, to have the levied monies remitted prior to the 40 calendar day time frame, the Notice to Financial Institution to Remit Funds (CS614) should be generated.

If the notice of levy results in the obligor filing a motion/application with the Family Division to address the child support order or arrears, a copy of the filed application must be given to AEU by the obligor so the funds will remain on hold.

Based on the information provided by the obligor, court or county office, AEU will make a final determination. Once AEU sends a Notice to Obligor of Contest Resolution and Right to Appeal (CS618) to the obligor, the obligor can appeal the decision of AEU only to the Appellate Division. AEU must also generate the Notice to Financial Institutions of Contest Resolution (CS617) advising what action should be taken regarding the levy.

If the support arrears are decreased or the contest results in the levy being adjusted, the Notice to Financial Institution of Adjusted Levy (CS615) and the Notice to Obligor of Adjusted Levy (CS616) must be generated by AEU.

If the obligor appeals the AEU decision regarding the levy to the Appellate Division, AEU will generate the Notice to Obligor of Acknowledgement of Appeal (CS608) upon proof of the appeal filing. When the results of the appeal are received, AEU staff must generate the Notice to Obligor of Appeal Resolution (CS621).

AEU is responsible to update the Create Note to File/NOTE page with any relevant information concerning the FIDM process and to monitor the receipt of the funds, process the receipts, and close out the chain.

If the financial institution has failed to remit monies within 40 calendar days from the date of the CS612, AEU will generate the Notice to Financial Institution of Overdue Remittance (CS622).

G. Probation Child Support Enforcement (PCSE) Role

PCSEProbation Child Support Enforcement staff participates in four separate roles in FIDM:

1. If and when PCSE becomes aware of information that would exempt the case from FIDM, PCSE will update NJKiDS and promptly notify AEU via Action Note to File.
2. Upon request of DFD, provide information which may include, but is not limited to, audits and court orders not available on NJKiDS. Should staff identify an order that is not on NJKiDS, the order should be uploaded based on current procedures.
3. PCSE staff may request that AEU manually open a FIDM chain, if the name of the financial institution and the account number are on the Update Member Assets/MAST page. Should the financial information not be on Update Member Assets/MAST, PCSE can provide it to AEU and request they manually open the chain.
4. Upon request from a party to the case PCSE staff is responsible for providing basic information regarding the FIDM program. Once the levy has taken place, any inquiries from the obligor must be directed to the New Jersey Family Support Services Center at 1-877-655- 4371. The obligor can also email the AEU at DFDLienLevy@dhs.nj.gov or fax any required information to 609- 631-6428. Inquiries from financial institutions regarding the remittance of levied funds must be directed to the dedicated line at the New Jersey Family Support Payment Center at 1-866-818-7749.

Financial Institution Data Match (FIDM) Procedures – List of Associated NJKiDS Forms

NJKiDS CS Number:	NJKiDS Form Titles
CS612	Notice of Levy to Financial Institution Notice of Right to Garnish Federal Benefits
CS613	Notice of Levy to Obligor
CS620	Notice to Obligor of Contest Filed
CS619	Notice to Financial Institution of Contest Filed
CS625	Notice to Obligor – Late Receipt of Contest
CS623	Request for Additional Information
CS624	Notice to Obligor of Attempted Levy
CS614	Notice to Financial Institution to Remit Funds
CS618	Notice to Obligor of Contest Resolution and Right to Appeal
CS617	Notice to Financial Institutions of Contest Resolution
CS615	Notice to Financial Institution of Adjusted Levy
CS616	Notice to Obligor of Adjusted Levy
CS608	Notice to Obligor of Acknowledgement of Appeal
CS621	Notice to Obligor of Appeal Resolution
CS622	Notice to Financial Institution of Overdue Remittance

NJCSI Handout Materials

For more information and guidance, please refer to the following document:

• Financial Institution Data Match