Can a Private Investigator Use a Credit Report in Collecting Child Support?

As of 2010, case law finds credit reports inadmissible in child support enforcement cases.

A credit report cannot be used for purposes of child support enforcement. A federal court has determined that child support enforcement agencies do not qualify as creditors under the Fair Credit Reporting Act.

Case Law

In recent years, federal courts have made decisions on whether or not personal consumer credit reports are admissible for purposes of child support enforcement. Section 1681b(a)(3)(A) of the Fair Credit Reporting Act allows credit reports to be used "in connection with a credit transaction involving the consumer." The Fair and Accurate Transaction Act of 2003 (FACTA) defines "credit" as "the right granted by a creditor... to defer payment of debt or to incur debts and defer its payment." The Act defines a "creditor" as "any person who regularly extends, renews, or continues credit."

Decision

In Miller v.Transunion, a federal court determined that child support does not constitute a credit transaction, and that child support enforcement agencies do not constitute creditors. Therefore, credit reports cannot be used to collect child support.

Acceptable Uses

The following items can be used in collecting child support:

- Establishment of paternity if the child is born out of wedlock

- Establishment of child support obligation

- Employment information on the non-custodial parent

References

• National Child Support Enforcement Association: Credit Report Access by Title IV-D Child Support Enforcement Agencies Legal Position Paper and Alert to IV-D Agencies
• U.S. Department of Health and Human Services Office of Child Support Enforcement: Child Support Enforcement Steps
• Transunion: Credit Reports for Collection of Delinquent Child Support, Judgments, Fines and Liens

Resources

• SupportKids