Idaho Code § 7-1012 — Idaho Code / Title 7 / Chapter 10 / Section 7-1012
7-1012 CHILD-SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
Status: in_force

7-1012. Child-support orders for two or more obligees. In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

History:

[(7-1012) 7-1011, added 1994, ch. 207, sec. 2, p. 644; am. and redesig. 2006, ch. 252, sec. 12, p. 771; am. 2015, 1st E.S., ch. 1, sec. 10, p. 13.]
Idaho Code § 7-201 — Idaho Code / Title 7 / Chapter 2 / Section 7-201
7-201 DESIGNATION.
Status: in_force

7-201. Designation. The writ of certiorari may be denominated the writ of review and shall be processed in the manner provided by rule of the supreme court.

History:

[(7-201) C.C.P. 1881, sec. 726; R.S., R.C., & C.L., sec. 4961; C.S., sec. 7242; I.C.A., sec. 13-201; am. 1977, ch. 170, sec. 1, p. 437.]
Idaho Code § 7-1008 — Idaho Code / Title 7 / Chapter 10 / Section 7-1008
7-1008 SIMULTANEOUS PROCEEDINGS.
Status: in_force

7-1008. Simultaneous proceedings. (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(c) If relevant, this state is the home state of the child.

(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(a) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(b) The contesting party timely challenges the exercise of jurisdiction in this state; and

(c) If relevant, the other state or foreign country is the home state of the child.

History:

[(7-1008) 7-1007, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 8, p. 768; am. 2015, 1st E.S., ch. 1, sec. 7, p. 11.]
Idaho Code § 7-1202 — Idaho Code / Title 7 / Chapter 12 / Section 7-1202
7-1202 DEFINITIONS.
Status: in_force

7-1202. Definitions. As used in this chapter:

(1) "Child support" means a legally enforceable obligation assessed against an individual for the support of a child which shall include medical care, including health insurance premiums for the child, and any amount owing under an order for support during a period in which public assistance was expended.

(2) "Delinquency" means unpaid support for a minor child or spouse which has accrued under an order.

(3) "Department" means the department of health and welfare.

(4) "Obligee" means any person, state agency or bureau entitled by order to receive child support payments or child and spousal support payments.

(5) "Obligor" means any person obligated by order to pay child or spousal support.

(6) "Order" means a judgment, decree, order, or administrative ruling directing a person or persons to pay money for support of a minor child or a spouse.

(7) "Income" means any form of payment to an individual, regardless of source, including, but not limited to, wages, salary, commission, compensation as an independent contractor, worker's compensation, disability, veteran's annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by a public act.

History:

[7-1202, added 1985, ch. 159, sec. 1, p. 418; am. 1986, ch. 221, sec. 10, p. 591; am. 1988, ch. 294, sec. 1, p. 933; am. 1990, ch. 92, sec. 1, p. 192; am. 1993, ch. 335, sec. 6, p. 1252; am. 1993, ch. 335, sec. 13, p. 1262; am. 1994, ch. 308, sec. 1, p. 964; am. 1998, ch. 207, sec. 1, p. 733.]
Idaho Code § 7-1404 — Idaho Code / Title 7 / Chapter 14 / Section 7-1404
7-1404 JURISDICTION FOR SUSPENSION OF A LICENSE.
Status: in_force

7-1404. Jurisdiction for suspension of a license. (1) Upon petition of an obligee of a child support order, a person entitled to visitation with a minor child pursuant to court order, or the department of health and welfare, a court may issue an order suspending a license on any of the grounds provided in section 7-1403, Idaho Code.

(2) Upon notification by the department of a child support delinquency, a licensing authority shall initiate proceedings to suspend a license in accordance with its statutory process, petition the court, or refer the matter to the department to initiate proceedings for suspension of the license in accordance with the requirements of this chapter. Upon referral, or if the licensing authority takes no action within thirty (30) days after notification of the delinquency by the department, the department is authorized to commence a license suspension proceeding under this chapter. The licensing authority shall notify the department of all action taken in response to the notification of the delinquency.

(3) The department may commence an administrative proceeding under this chapter to suspend a license for failure to comply with a subpoena in a paternity or child support proceeding.

(4) More than one (1) license may be the subject of a suspension proceeding under this chapter.

(5) An order issued pursuant to this chapter does not prevent the obligee, department, or individual entitled to visitation under a court order, from seeking any other remedy provided by law or from seeking additional relief under this chapter.

History:

[7-1404 added 1996, ch. 429, sec. 1, p. 1458.]
Idaho Code § 7-916 — Idaho Code / Title 7 / Chapter 9 / Section 7-916
7-916 APPLICATIONS TO COURT.
Status: in_force

7-916. Applications to court. Except as otherwise provided, an application to the court under this act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.

History:

[I.C., sec. 7-916, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1412 — Idaho Code / Title 7 / Chapter 14 / Section 7-1412
7-1412 ACTION BY LICENSING AUTHORITY.
Status: in_force

7-1412. Action by licensing authority. (1) On receipt of a final order suspending a license, the licensing authority shall summarily suspend the license effective the date the order became final, without additional review or hearing.

(2) A licensing authority may not review, vacate, stay, withhold or reconsider a final order suspending a license.

(3) A summary suspension pursuant to this chapter shall constitute a reportable disciplinary action.

(4) A licensing authority is immune from liability for any act performed pursuant to this chapter.

History:

[7-1412 added 1996, ch. 429, sec. 1, p. 1460.]
Idaho Code § 7-801 — Idaho Code / Title 7 / Chapter 8 / Section 7-801
7-801 JURISDICTION IN DISTRICT COURT.
Status: in_force

7-801. Jurisdiction in district court. Application for change of names must be heard and determined by the district courts.

History:

[(7-801) C.C.P. 1881, sec. 871; R.S., R.C., & C.L., sec. 5245; C.S., sec. 7424; I.C.A., sec. 13-801.]
Idaho Code § 7-1006 — Idaho Code / Title 7 / Chapter 10 / Section 7-1006
7-1006 DURATION OF PERSONAL JURISDICTION.
Status: in_force

7-1006. Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided in sections 7-1009, 7-1010 and 7-1015, Idaho Code.

History:

[(7-1006) 7-1005, added 1994, ch. 207, sec. 2, p. 642; am. 1997, ch. 198, sec. 3, p. 559; am. and redesig. 2006, ch. 252, sec. 6, p. 767.]
Idaho Code § 7-1023 — Idaho Code / Title 7 / Chapter 10 / Section 7-1023
7-1023 DUTY OF ATTORNEY GENERAL.
Status: in_force

7-1023. Duty of attorney general. (1) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

(2) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

History:

[(7-1023) 7-1020, added 1994, ch. 207, sec. 2, p. 647; am. and redesig. 2006, ch. 252, sec. 23, p. 776; am. 2015, 1st E.S., ch. 1, sec. 19, p. 16.]
Idaho Code § 7-202 — Idaho Code / Title 7 / Chapter 2 / Section 7-202
7-202 WHEN GRANTED.
Status: in_force

7-202. When granted. A writ of review may be granted by any court except the magistrates division of the district court, when an inferior tribunal, board or officer exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.

History:

[(7-202) C.C.P. 1881, sec. 727; R.S., R.C., & C.L., sec. 4962; C.S., sec. 7243; I.C.A., sec. 13-202; am. 1977, ch. 170, sec. 2, p. 437.]
Idaho Code § 7-401 — Idaho Code / Title 7 / Chapter 4 / Section 7-401
7-401 DEFINITION.
Status: in_force

7-401. Definition. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.

History:

[(7-401) C.C.P. 1881, sec. 751; R.S., R.C., & C.L., sec. 4994; C.S., sec. 7267; I.C.A., sec. 13-401.]
Idaho Code § 7-1045 — Idaho Code / Title 7 / Chapter 10 / Section 7-1045
7-1045 EFFECT OF REGISTRATION FOR ENFORCEMENT.
Status: in_force

7-1045. Effect of registration for enforcement. (1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

History:

[(7-1045) 7-1042, 7-1037, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 21, p. 567; am. and redesig. 2006, ch. 252, sec. 45, p. 784; am. 2015, 1st E.S., ch. 1, sec. 34, p. 21.]
Idaho Code § 7-614 — Idaho Code / Title 7 / Chapter 6 / Section 7-614
7-614 NONAPPEARANCE OF DEFENDANT.
Status: in_force

7-614. Nonappearance of defendant. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.

History:

[(7-614) C.C.P. 1881, sec. 841; R.S., R.C., & C.L., sec. 5166; C.S., sec. 7394; I.C.A., sec. 13-612; am. and redesig. 1998, ch. 112, sec. 1, p. 416.]
Idaho Code § 7-1059 — Idaho Code / Title 7 / Chapter 10 / Section 7-1059
7-1059 DEFINITIONS.
Status: in_force

7-1059. definitions. As used in sections 7-1059 through 7-1071, Idaho Code:

(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) "Central authority" means the entity designated by the United States or a foreign country described in section 7-1002(5)(d), Idaho Code, to perform the functions specified in the convention.

(3) "Convention support order" means a support order of a tribunal of a foreign country described in section 7-1002(5)(d), Idaho Code.

(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.

(5) "Foreign central authority" means the entity designated by a foreign country described in section 7-1002(5)(d), Idaho Code, to perform the functions specified in the convention.

(6) "Foreign support agreement" means:

(a) An agreement for support in a record that:

(i) Is enforceable as a support order in the country of origin;

(ii) Has been:

1. Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

2. Authenticated by, or concluded, registered or filed with a foreign tribunal; and

(iii) May be reviewed and modified by a foreign tribunal; and

(b) Includes a maintenance arrangement or authentic instrument under the convention.

(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.

History:

[7-1059,added 2015, 1st E.S., ch. 1, sec. 47, p. 26.]
Idaho Code § 7-604 — Idaho Code / Title 7 / Chapter 6 / Section 7-604
7-604 CONTEMPT OUT OF COURT'S PRESENCE — ATTACHMENT.
Status: in_force

7-604. Contempt out of court's presence — Attachment. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.

History:

[(7-604) C.C.P. 1881, sec. 833; R.S., R.C., & C.L., sec. 5158; C.S., sec. 7386; I.C.A., sec. 13-604.]
Idaho Code § 7-1501 — Idaho Code / Title 7 / Chapter 15 / Section 7-1501
7-1501 SHORT TITLE.
Status: in_force

7-1501. Short title. This chapter shall be referred to as the "Small Lawsuit Resolution Act."

History:

[7-1501, added 2002, ch. 137, sec. 1, p. 380.]
Idaho Code § 7-301 — Idaho Code / Title 7 / Chapter 3 / Section 7-301
7-301 DESIGNATION.
Status: in_force

7-301. Designation. The writ of mandamus may be denominated a writ of mandate.

History:

[(7-301) C.C.P. 1881, sec. 737; R.S., R.C., & C.L., sec. 4976; C.S., sec. 7253; I.C.A., sec. 13-301.]
Idaho Code § 7-612 — Idaho Code / Title 7 / Chapter 6 / Section 7-612
7-612 ADDITIONAL PENALTIES FOR CHILD SUPPORT DELINQUENCY.
Status: in_force

7-612. Additional penalties for child support delinquency. In addition to the penalties for contempt contained in this chapter, the following additional penalties are available for a child support delinquency:

(1) Work activities. In all cases under chapter 2, title 56, Idaho Code, where the custodial parent or children receive temporary assistance for families in Idaho, and the obligor owes past due support and is not incapacitated, the court may issue an order requiring the obligor to participate in work activities.

(2) License suspension. Pursuant to chapter 14, title 7, Idaho Code, the court may issue an order suspending a license for a child support delinquency as defined by section 7-1402, Idaho Code.

History:

[7-612, added 1998, ch. 112, sec. 4, p. 417.]
Idaho Code § 7-1015 — Idaho Code / Title 7 / Chapter 10 / Section 7-1015
7-1015 CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDER.
Status: in_force

7-1015. Continuing, exclusive jurisdiction to modify spousal support order. (1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or

(b) A responding tribunal to enforce or modify its own spousal support order.

History:

[7-1015, added 2006, ch. 252, sec. 15, p. 772; am. 2015, 1st E.S., ch. 1, sec. 13, p. 13.]
Idaho Code § 7-1060 — Idaho Code / Title 7 / Chapter 10 / Section 7-1060
7-1060 APPLICABILITY.
Status: in_force

7-1060. applicability. Sections 7-1059 through 7-1071, Idaho Code, apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 7-1059 through 7-1071, Idaho Code, is inconsistent with sections 7-1001 through 7-1058, Idaho Code, sections 7-1059 through 7-1071, Idaho Code, control.

History:

[7-1060, added 2015, 1st E.S., ch. 1, sec. 48, p. 26.]
Idaho Code § 7-1013 — Idaho Code / Title 7 / Chapter 10 / Section 7-1013
7-1013 CREDIT FOR PAYMENTS.
Status: in_force

7-1013. Credit for payments. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this state, another state or a foreign country.

History:

[(7-1013) 7-1012, added 1994, ch. 207, sec. 2, p. 645; am. and redesig. 2006, ch. 252, sec. 13, p. 771; am. 2015, 1st E.S., ch. 1, sec. 11, p. 13.]
Idaho Code § 7-703 — Idaho Code / Title 7 / Chapter 7 / Section 7-703
7-703 PRIVATE PROPERTY SUBJECT TO TAKING.
Status: in_force

7-703. Private property subject to taking. The private property which may be taken under this chapter includes:

1. All real property belonging to any person.

2. Lands belonging to the government of the United States, to this state, or to any county, incorporated city, or city and county, village or town, not appropriated to some public use.

3. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.

4. Franchises for toll roads, toll bridges and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.

5. All rights of way for any and all the purposes mentioned in section 7-701, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owners thereof, when necessary, but such uses, crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and least private injury.

6. All classes of private property not enumerated may be taken for public use when such taking is authorized by law.

History:

[(7-703) C.C.P. 1881, sec. 853; R.S. & R.C., sec. 5212; am. 1911, ch. 75, sec. 1, p. 229; reen. C.L., sec. 5212; C.S., sec. 7406; I.C.A., sec. 13-703.]
Idaho Code § 7-1116 — Idaho Code / Title 7 / Chapter 11 / Section 7-1116
7-1116 GENETIC TESTS.
Status: in_force

7-1116. Genetic tests. (1) The court may, and upon request of a party shall, require the child, mother, alleged father, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. The department of health and welfare may order or the individuals may voluntarily agree to such tests. The tests shall be performed by an expert qualified as an examiner of genetic markers. Verified documentation of the chain of custody of the genetic evidence is competent evidence to establish chain of custody. A verified expert's report prepared by a laboratory approved by the American association of blood banks or other accreditation body shall be admitted at trial unless a challenge to the testing procedures or the genetic analysis has been made twenty-one (21) days before trial. The genetic test report must be served upon the defendant party with the complaint or as soon as it is obtained, and in any event at least twenty-eight (28) days before a trial together with a notice that the genetic test will be admitted unless a challenge to the testing procedures or the genetic analysis has been made by a party at least twenty-one (21) days before trial. A genetic test result with a probability of paternity of at least ninety-eight percent (98%) shall create a rebuttable presumption of paternity.

(2) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of genetic markers present on blood cells and components. Additional tests performed by other experts of the same qualifications may be ordered by the court at the expense of the party requesting additional testing.

(3) In all cases, the court shall determine the number and qualifications of the experts.

(4) The requesting party shall pay the expense of genetic testing; however, the cost of genetic testing shall be recovered by the prevailing party in the action.

(5) Whenever the results of the tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. The refusal of any party to submit to the genetic tests shall be disclosed to the court and is subject to the sanctions within the jurisdiction of the court. If the action was brought by the child's mother, but she refuses to submit herself or the child to genetic tests, the action shall be dismissed.

(6) Any party calling a male witness for the purpose of testifying that he had sexual intercourse with the mother at any possible time of conception shall provide all other parties with the name and address of the witness twenty (20) days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection, but the party calling the witness failed to provide the twenty (20) day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.

(7) Any individual may object to such an order of the department of health and welfare by filing an objection with the court.

History:

[7-1116, added 1982, ch. 127, sec. 3, p. 365; am. 1994, ch. 237, sec. 2, p. 747; am. 1995, ch. 234, sec. 4, p. 792; am. 1996, ch. 49, sec. 2, p. 145; am. 1997, ch. 195, sec. 1, p. 552.]
Idaho Code § 7-714 — Idaho Code / Title 7 / Chapter 7 / Section 7-714
7-714 PAYMENT OF DAMAGES.
Status: in_force

7-714. Payment of damages. The plaintiff must, within thirty (30) days after final judgment, pay the sum of money assessed, but may, at the time of or before payment, elect to build the fences and cattle guards, and, if he so elect, shall execute to the defendant a bond, with sureties to be approved by the court, in double the assessed cost of the same, to build such fences and cattle guards within eight (8) months from the time the railroad is built on the land taken, and, if such bond is given, need not pay the cost of such fences and cattle guards. In an action on such bond the plaintiff may recover reasonable attorney's fees.

History:

[(7-714) C.C.P. 1881, sec. 864; R.S., R.C., & C.L., sec. 5223; C.S., sec. 7417; I.C.A., sec. 13-714.]
Idaho Code § 7-721 — Idaho Code / Title 7 / Chapter 7 / Section 7-721
7-721 POSSESSION BY PLAINTIFF PENDING TRIAL.
Status: in_force

7-721. Possession by plaintiff pending trial. In any proceeding under the provisions of this chapter for the acquisition of real property, the plaintiff may take possession of and use such property at any time after just compensation has been judicially determined and payment thereof made into court. Judicial determination shall be satisfied by the following requirements:

(1) At any time after an action for condemnation has been commenced under the provisions of this chapter and after the defendant has made an appearance, the plaintiff may file a motion asking that said plaintiff be placed in lawful possession of and have the use of said property and the court shall fix a date, not less than ten (10) or more than twenty (20) days after the filing of such motion, for the hearing thereon and shall require due notice to be given to each party to the proceedings whose interest would be affected by the requested taking. Notice herein shall be given as provided in rule 5(a) or 5(b), as the case may be, of the Idaho rules of civil procedure.

If the defendant has not appeared, but is not in default, plaintiff may proceed as herein provided twenty (20) days after the action shall have been commenced by serving the motion and notice of the hearing in the same manner as required for service of summons.

(2) At the hearing the court shall first determine whether or not plaintiff (a) has the right of eminent domain, (b) whether or not the use to which the property is to be applied is a use authorized by law, (c) whether or not the taking is necessary to such use, and (d) whether or not plaintiff has sought, in good faith, to purchase the lands sought to be taken and the court shall enter an order thereon which shall be a final order as to these issues and an appeal may be taken therefrom; provided, however, no appeal therefrom shall stay further proceedings.

(3) If the matters in the preceding subsection are determined in favor of the plaintiff the court shall hear the issues raised by the plaintiff's motion for taking and shall receive such evidence as it may consider necessary and proper for a finding of just compensation, but the court may limit the number of witnesses presented by any party to the action, and, in its discretion, may appoint a disinterested appraiser as an agent of the court to evaluate the property to which the motion relates and to report his conclusions to the court within ten (10) days from the date of his appointment; and the court shall fix his fee which shall be paid by the plaintiff. The court shall within five (5) days after the hearing, or if it shall appoint an appraiser, within five (5) days after receiving his report, make an order of determination of just compensation.

(4) Neither the order of the court determining just compensation, nor the amount of the deposit, nor the report of the appraiser appointed by the court shall be admissible in evidence in further proceedings under this section.

(5) After the court has entered its order of determination of the amount of just compensation, the plaintiff may deposit such amount with the court and the court shall thereupon enter an order fixing a date from which the plaintiff shall be entitled to take possession of and use the property. After such deposit and order have been made the cause shall proceed to trial in the regular manner.

(6) Any party defendant may file with the court an application to withdraw his share of the amount deposited by the plaintiff. Such application may be filed at any time after the court has entered its order placing plaintiff in possession and use of the property. If there be only one (1) defendant in the action, the court shall authorize the requested withdrawal of funds, but if there shall be more than one (1) defendant the court shall fix a date for hearing on the application to withdraw funds and shall require notice to be given to each party whose interest would be affected by such withdrawal. After hearing the court shall determine the share of the funds deposited to which the defendants or any of them are lawfully entitled and shall authorize the withdrawal requested or such part thereof as shall be proper.

(7) If more than eighty percent (80%) of the amount deposited is withdrawn, the defendant or defendants making the withdrawal shall be required to make a written undertaking, executed by two (2) or more sufficient sureties, approved by the court, to the effect that they are bound to the plaintiff for the payment to it of such sum by which the amount withdrawn shall exceed the amount of the award finally determined upon trial of the cause.

(8) Upon trial of the cause the court shall enter judgment against the plaintiff for the amount of the award, and the plaintiff shall pay to the defendant or defendants the amount, if any, by which such judgment exceeds the amount previously deposited; provided that if the award and judgment shall be less than the amount withdrawn under subsection (6) of this section, the defendant or defendants shall refund the difference to the clerk of the court and if such refund is not made within thirty (30) days the court shall enter judgment in favor of the plaintiff and against such defendant or defendants for the amount of the difference.

(9) After plaintiff has deposited with the court the amount determined by the court to be just compensation, no interest shall accrue on the amount so deposited.

History:

[7-721, as added by 1969, ch. 234, sec. 1, p. 745; am. 1972, ch. 119, sec. 1, p. 236; am. 1975, ch. 141, sec. 1, p. 321; am. 2006, ch. 451, sec. 1, p. 1341.]
Idaho Code § 7-1001 — Idaho Code / Title 7 / Chapter 10 / Section 7-1001
7-1001 SHORT TITLE.
Status: in_force

7-1001. Short title. This chapter may be cited as the uniform interstate family support act.

History:

[(7-1001) (7-1058), 7-1051 added 1994, ch. 207, sec. 2, p. 656; am. and redesig. 1997, ch. 198, sec. 37, p. 573; am. and redesig. 2006, ch. 252, sec. 1, p. 764.]
Idaho Code § 7-1307 — Idaho Code / Title 7 / Chapter 13 / Section 7-1307
7-1307 OWNER OF PROPERTY OR INTERESTED PARTY MAY MOVE TO DISMISS OR ANSWER — EFFECT OF FAILURE TO APPEAR.
Status: in_force

7-1307. Owner of property or interested party may move to dismiss or answer — Effect of failure to appear. (1) Any owner of property, taxpayer, elector or rate payer, in the political subdivision or any other person interested in the bond, obligation or agreements or security instrument related thereto, or otherwise interested in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court.

(2) The petition shall be taken as confessed by all persons who fail to so appear.

History:

[7-1307, added 1988, ch. 219, sec. 1, p. 416.]
Idaho Code § 7-1410 — Idaho Code / Title 7 / Chapter 14 / Section 7-1410
7-1410 ORDER SUSPENDING A LICENSE.
Status: in_force

7-1410. Order suspending a license. (1) The court, licensing authority or department shall issue an order suspending a license unless:

(a) After notice and hearing, the licensee is found to have paid the delinquency and the current month's support in full, or complied with the subpoena;

(b) The department or obligee files a certification that the obligor has paid current support and has entered into a reasonable schedule for repayment of any child support delinquency; or

(c) At a hearing, the licensee shows other good cause why the request for license suspension should be denied or stayed.

(2) The court shall issue an order suspending a license for a period up to one hundred eighty (180) days for substantial noncompliance with an order for visitation with the minor child.

(3) The order suspending a license shall include the last known address of the licensee.

(4) An order suspending a license by the court or department shall also state that the licensee is subject to the penalties of the licensing authority if a final order of suspension is violated.

(5) A final order suspending a license issued by a court or the department shall be forwarded to the appropriate licensing authority.

(6) If the court or department finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice.

History:

[7-1410, added 1996, ch. 429, sec. 1, p. 1460; am. 1998, ch. 250, sec. 5, p. 817.]
Idaho Code § 7-1022 — Idaho Code / Title 7 / Chapter 10 / Section 7-1022
7-1022 DUTIES OF SUPPORT ENFORCEMENT AGENCY.
Status: in_force

7-1022. Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(2) A support enforcement agency of this state that is providing services to the petitioner shall:

(a) Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent;

(b) Request an appropriate tribunal to set a date, time and place for a hearing;

(c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(d) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(e) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(3) A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:

(a) To ensure that the order to be registered is the controlling order; or

(b) If two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to section 7-1034, Idaho Code.

(6) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

History:

[(7-1022) 7-1019, added 1994, ch. 207, sec. 2, p. 647; am. 1997, ch. 198, sec. 10, p. 563; am. and redesig. 2006, ch. 252, sec. 22, p. 775; am. 2015, 1st E.S., ch. 1, sec. 18, p. 15.]
Idaho Code § 7-1313 — Idaho Code / Title 7 / Chapter 13 / Section 7-1313
7-1313 ATTORNEY FEES.
Status: in_force

7-1313. Attorney fees. Whenever a court shall determine that a political subdivision is not entitled to the relief sought or that this chapter has not been substantially complied with and enters a judgment denying the petition, the court shall award reasonable attorney fees to any owner of property, taxpayer, qualified elector or rate payor or any other interested person who has appeared and moved to dismiss or answer the petition.

History:

[7-1313, added 1994, ch. 173, sec. 4, p. 401; am. 1996, ch. 235, sec. 4, p. 765.]
Idaho Code § 7-1054 — Idaho Code / Title 7 / Chapter 10 / Section 7-1054
7-1054 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
Status: in_force

7-1054. Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

History:

[(7-1054) (7-1051) 7-1046, added 1994, ch. 207, sec. 2, p. 654; am. and redesig. 1997, ch. 198, sec. 30, p. 571; am. and redesig. 2006, ch. 252, sec. 54, p. 788.]
Idaho Code § 7-1310 — Idaho Code / Title 7 / Chapter 13 / Section 7-1310
7-1310 APPLICABILITY OF IDAHO RULES OF CIVIL PROCEDURE — EARLY HEARINGS.
Status: in_force

7-1310. Applicability of Idaho rules of civil procedure — Early hearings. (1) The Idaho rules of civil procedure shall govern in matters of pleadings and practice where not otherwise specified herein.

(2) The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.

(3) All cases in which there may arise a question of the validity of any matter under this chapter shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable time.

History:

[7-1310, added 1988, ch. 219, sec. 1, p. 417.]
Idaho Code § 7-311 — Idaho Code / Title 7 / Chapter 3 / Section 7-311
7-311 TRIAL ON PLEADINGS.
Status: in_force

7-311. Trial on pleadings. If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing, the argument of the case.

History:

[(7-311) C.C.P. 1881, sec. 747; R.S., R.C., & C.L., sec. 4986; C.S., sec. 7263; I.C.A., sec. 13-311.]
Idaho Code § 7-1047 — Idaho Code / Title 7 / Chapter 10 / Section 7-1047
7-1047 NOTICE OF REGISTRATION OF ORDER.
Status: in_force

7-1047. Notice of registration of order. (1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(2) A notice must inform the nonregistering party:

(a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under section 7-1065, Idaho Code;

(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(d) Of the amount of any alleged arrearages.

(3) If the registering party asserts that two or more orders are in effect, a notice must also:

(a) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(b) Notify the nonregistering party of the right to a determination of which is the controlling order;

(c) State that the procedures provided in subsection (2) of this section apply to the determination of which is the controlling order; and

(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the provisions of chapter 12, title 32, Idaho Code.

History:

[(7-1047) 7-1044, 7-1039, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 23, p. 568; am. and redesig. 2006, ch. 252, sec. 47, p. 784; am. 2015, 1st E.S., ch. 1, sec. 36, p. 22.]
Idaho Code § 7-1066 — Idaho Code / Title 7 / Chapter 10 / Section 7-1066
7-1066 RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER.
Status: in_force

7-1066. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered convention support order.

(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:

(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(b) The issuing tribunal lacked personal jurisdiction consistent with section 7-1005, Idaho Code;

(c) The order is not enforceable in the issuing country;

(d) The order was obtained by fraud in connection with a matter of procedure;

(e) A record transmitted in accordance with section 7-1064, Idaho Code, lacks authenticity or integrity;

(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;

(h) Payment, to the extent alleged arrears have been paid in whole or in part;

(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(i) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(j) The order was made in violation of section 7-1069, Idaho Code.

(3) If a tribunal of this state does not recognize a convention support order under subsection (2)(b), (d), or (i) of this section:

(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and

(b) The department of health and welfare shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 7-1062, Idaho Code.

History:

[7-1066, added 2015, 1st E.S., ch. 1, sec. 54, p. 29.]
Idaho Code § 7-608 — Idaho Code / Title 7 / Chapter 6 / Section 7-608
7-608 RETURN OF WARRANT.
Status: in_force

7-608. Return of warrant. The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

History:

[(7-608) C.C.P. 1881, sec. 837; R.S., R.C., & C.L., sec. 5162; C.S., sec. 7390; I.C.A., sec. 13-608.]
Idaho Code § 7-1118 — Idaho Code / Title 7 / Chapter 11 / Section 7-1118
7-1118 EXPERT TESTIMONY — WHEN ACTION DISMISSED.
Status: in_force

7-1118. Expert testimony — When action dismissed. If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the defendant is not the father of the child, the question of paternity shall be resolved accordingly, and the action shall be dismissed with costs awarded to the defendant. If the experts disagree in their findings or conclusions, the action shall proceed.

History:

[7-1118, added 1969, ch. 93, sec. 17, p. 318.]
Idaho Code § 7-713 — Idaho Code / Title 7 / Chapter 7 / Section 7-713
7-713 CURING DEFECTIVE TITLE.
Status: in_force

7-713. Curing defective title. If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as in this chapter prescribed.

History:

[(7-713) C.C.P. 1881, sec. 863; R.S., R.C., & C.L., sec. 5222; C.S., sec. 7416; I.C.A., sec. 13-713.]
Idaho Code § 7-1410A — Idaho Code / Title 7 / Chapter 14 / Section 7-1410A
7-1410A FAMILY LAW TEMPORARY RESTRICTED LICENSE.
Status: in_force

7-1410A. family law temporary restricted license. (1) This section applies to a licensee whose driver's license would otherwise be valid if not for a family law license suspension ordered by a court, licensing authority, or the department pursuant to section 7-1410, Idaho Code. Following an order of suspension pursuant to section 7-1410, Idaho Code, such licensee may petition the court for an order stating that a licensing authority issue a temporary restricted driver's license if such person shows good cause as to why such a license should be issued.

(2) For purposes of this section, a licensee may demonstrate good cause by showing that a temporary restricted driver's license is necessary for the licensee's employment purposes in order to meet child support obligations.

(3) A temporary restricted license shall specify the restrictions as to certain times, days, and areas of use and any further restrictions as the court, in its discretion, may impose.

(4) A temporary restricted license shall be revoked if a licensee holding such license is found to be in violation of the restrictions imposed upon such temporary restricted license.

(5) An order issuing a temporary restricted license by the court shall also state that the temporary restricted licensee is subject to the penalties of the licensing authority if the restrictions of the license are violated.

(6) An order issuing a temporary restricted license by a court shall be forwarded to the appropriate licensing authority.

History:

[7-1410A, added 2021, ch. 93, sec. 1, p. 323.]
Idaho Code § 7-804 — Idaho Code / Title 7 / Chapter 8 / Section 7-804
7-804 HEARING AND ORDER.
Status: in_force

7-804. Hearing and order. Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper.

History:

[(7-804) C.C.P. 1881, sec. 874; R.S., R.C., & C.L., sec. 5248; C.S., sec. 7427; I.C.A., sec. 13-804.]
Idaho Code § 7-1010 — Idaho Code / Title 7 / Chapter 10 / Section 7-1010
7-1010 CONTINUING JURISDICTION TO ENFORCE CHILD-SUPPORT ORDER.
Status: in_force

7-1010. Continuing jurisdiction to enforce child-support order. (1) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(a) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act; or

(b) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

History:

[(7-1010) 7-1009, added 1994, ch. 207, sec. 2, p. 644; am. and redesig. 2006, ch. 252, sec. 10, p. 769; am. 2015, 1st E.S., ch. 1, sec. 8, p. 11.]
Idaho Code § 7-1071 — Idaho Code / Title 7 / Chapter 10 / Section 7-1071
7-1071 RECORD IN ORIGINAL LANGUAGE — ENGLISH TRANSLATION.
Status: in_force

7-1071. RECORD IN ORIGINAL LANGUAGE — ENGLISH TRANSLATION. A record filed with a tribunal of this state under sections 7-1059 through 7-1071, Idaho Code, must be in the original language and, if not in English, must be accompanied by an English translation.

History:

[7-1071, added 2015, 1st E.S., ch. 1, sec. 59, p. 31.]
Idaho Code § 7-1409 — Idaho Code / Title 7 / Chapter 14 / Section 7-1409
7-1409 HEARING TO CONTEST SUSPENSION OF LICENSE OR LICENSES.
Status: in_force

7-1409. Hearing to contest suspension of license or licenses. (1) A request for a hearing shall be filed with the court or department by the licensee not later than twenty-one (21) days after the date of service of the notice. If a request for hearing is timely filed, the court or department shall promptly schedule and notify each party of the date, time and location of the hearing. A request for a hearing stays the suspension of a license or licenses.

(2) A record of child support payments prepared by the department or a local child support registry is evidence that payments were made. A certified copy of the record shall be admitted as evidence at a hearing under this chapter.

History:

[7-1409 added 1996, ch. 429, sec. 1, p. 1460.]
Idaho Code § 7-911 — Idaho Code / Title 7 / Chapter 9 / Section 7-911
7-911 CONFIRMATION OF AN AWARD.
Status: in_force

7-911. Confirmation of an award. Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 7-912 and 7-913, Idaho Code.

History:

[I.C., sec. 7-911, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1037 — Idaho Code / Title 7 / Chapter 10 / Section 7-1037
7-1037 EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
Status: in_force

7-1037. Employer's compliance with income-withholding order of another state. (1) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(2) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

(3) Except as otherwise provided in subsection (4) of this section and section 7-1038, Idaho Code, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:

(a) The duration and amount of periodic payments of current child support, stated as a sum certain;

(b) The person designated to receive payments and the address to which the payments are to be forwarded;

(c) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(4) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(a) The employer's fee for processing an income-withholding order;

(b) The maximum amount permitted to be withheld from the obligor's income; and

(c) The time periods within which the employer must implement the withholding order and forward the child support payment.

History:

[(7-1037) 7-1034, added 1997, ch. 198, sec. 13, p. 565; am. and redesig. 2006, ch. 252, sec. 37, p. 781.]
Idaho Code § 7-1401 — Idaho Code / Title 7 / Chapter 14 / Section 7-1401
7-1401 STATEMENT OF LEGISLATIVE INTENT.
Status: in_force

7-1401. Statement of legislative intent. The legislature of the state of Idaho finds that the remedy of suspension of a wide variety of licenses is needed to increase the effectiveness of enforcement of child support orders, compliance with subpoenas in paternity and child support cases, and compliance with orders for visitation with minor children. The legislature intends that there be no exceptions to the licenses, as defined in this chapter, that are the subject of suspension, in order to promote the well-being of Idaho's children.

History:

[7-1401 added 1996, ch. 429, sec. 1, p. 1457.]
Idaho Code § 7-1510 — Idaho Code / Title 7 / Chapter 15 / Section 7-1510
7-1510 RIGHT TO TRIAL.
Status: in_force

7-1510. Right to trial. The intent of this chapter is to maintain the right to a court or jury trial and the provisions of this statute shall not be construed to impair that right.

History:

[7-1510, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 8, p. 112.]
Idaho Code § 7-915 — Idaho Code / Title 7 / Chapter 9 / Section 7-915
7-915 JUDGMENT ROLL — DOCKETING.
Status: in_force

7-915. Judgment roll — Docketing. (a) On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:

(1) The agreement and each written extension of the time within which to make the award;

(2) The award;

(3) A copy of the order confirming, modifying or correcting the award; and

(4) A copy of the judgment or decree.

(b) The judgment or decree may be docketed as if rendered in an action.

History:

[I.C., sec. 7-915, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1029 — Idaho Code / Title 7 / Chapter 10 / Section 7-1029
7-1029 LIMITED IMMUNITY OF PETITIONER.
Status: in_force

7-1029. Limited immunity of petitioner. (1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.

History:

[(7-1029) 7-1026, added 1994, ch. 207, sec. 2, p. 649; am. and redesig. 2006, ch. 252, sec. 29, p. 778.]
Idaho Code § 7-1057 — Idaho Code / Title 7 / Chapter 10 / Section 7-1057
7-1057 JURISDICTION TO MODIFY CHILD-SUPPORT ORDER OF FOREIGN COUNTRY.
Status: in_force

7-1057. Jurisdiction to modify child-support order of foreign country. (1) Except as otherwise provided in section 7-1069, Idaho Code, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to section 7-1053, Idaho Code, has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

(2) An order issued by a tribunal of this state modifying a foreign child-support order pursuant to this section is the controlling order.

History:

[7-1057, added 2006, ch. 252, sec. 57, p. 789; am. 2015, 1st E.S., ch. 1, sec. 44, p. 25.]
Idaho Code § 7-1206 — Idaho Code / Title 7 / Chapter 12 / Section 7-1206
7-1206 DEPARTMENT LIEN FOR CHILD SUPPORT DELINQUENCY.
Status: in_force

7-1206. Department lien for child support delinquency. (1) Upon a delinquency under a child support order for which the department is or has been providing child support enforcement services, a lien arises upon and attaches to the real and personal property of an obligor. When the amount of the lien is equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less, the lien may be perfected by a filing with the office of the secretary of state. A perfected lien shall include all subsequently arising delinquencies. When a lien has been perfected pursuant to this section and the underlying delinquency reaches a zero balance or is otherwise satisfied, the lien is automatically released. Any support order or decree issued or modified after the effective date of this act shall include a provision notifying the obligor that a lien will arise automatically upon a delinquency. A notice of release of lien shall be filed pursuant to section 45-1908, Idaho Code.

(2) A lien arising out of a child support order or delinquency under the laws of another state shall be given full faith and credit as if the lien arose out of a child support order or delinquency under Idaho law.

(3) The department shall notify each obligor by certified mail of the filing of the lien at the same time the notice is delivered to the secretary of state. No such lien may be enforced until ten (10) days after notice of the filing of the lien has been given to the obligor.

(4) The department shall notify consumer reporting agencies of any non-custodial parent who owes overdue support exceeding two thousand dollars ($2,000) and is at least three (3) months in arrears after the court order is finalized. Notice shall be provided to the non-custodial parent prior to the report being made, including the methods available for contesting the accuracy of the information.

History:

[7-1206, added 1998, ch. 207, sec. 4, p. 735; am. 2025, ch. 201, sec. 2, p. 913.]
Idaho Code § 7-313 — Idaho Code / Title 7 / Chapter 3 / Section 7-313
7-313 SERVICE OF WRIT.
Status: in_force

7-313. Service of writ. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.

History:

[(7-313) C.C.P. 1881, sec. 749; R.S., R.C., & C.L., sec. 4988; C.S., sec. 7265; I.C.A., sec. 13-313.]
Idaho Code § 7-606 — Idaho Code / Title 7 / Chapter 6 / Section 7-606
7-606 CUSTODY OF DEFENDANT.
Status: in_force

7-606. Custody of defendant. Upon executing the warrant of attachment, the sheriff must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.

History:

[(7-606) C.C.P. 1881, sec. 835; R.S., R.C., & C.L., sec. 5160; C.S., sec. 7388; I.C.A., sec. 13-606.]
Idaho Code § 7-715 — Idaho Code / Title 7 / Chapter 7 / Section 7-715
7-715 PAYMENT OF DAMAGES — FAILURE TO MAKE PAYMENT.
Status: in_force

7-715. Payment of damages — Failure to make payment. Payment may be made to the defendants entitled thereto, or the money may be deposited in court for the defendants, and be distributed to those entitled thereto. If the money be not so paid or deposited, the defendants may have execution as in civil cases; and if the money cannot be made on execution, the court, upon a showing to that effect, must set aside and annul the entire proceedings, and restore possession of the property to the defendant, if possession has been taken by the plaintiff.

History:

[(7-715) C.C.P. 1881, sec. 865; R.S., R.C., & C.L., sec. 5224; C.S., sec. 7418; I.C.A., sec. 13-715.]
Idaho Code § 7-717 — Idaho Code / Title 7 / Chapter 7 / Section 7-717
7-717 POSSESSION BY PLAINTIFF — PAYMENT OF DAMAGES — APPOINTMENT OF COMMISSIONERS.
Status: in_force

7-717. Possession by plaintiff — Payment of damages — Appointment of commissioners. At any time after trial and judgment entered, or pending an appeal from the judgment to the Supreme Court, whenever the plaintiffs shall have paid into the court for the defendant the full amount of the judgment, and such further sum as shall be required by the court as a fund to pay any further damages and costs that may be recovered in said proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property shall not be finally taken for public use, the district court in which the proceeding was tried may, upon notice of not less than ten (10) days, authorize the plaintiff, if already in possession, to continue therein, and if not, to take possession of and use the property during the conclusion of the litigation, and may, if necessary, stay all actions and proceedings against the plaintiff on account thereof.

The defendant who is entitled to the money paid into court for him upon any judgment, shall be entitled to demand and receive the same at any time thereafter, upon obtaining an order therefor from the court. It shall be the duty of the court, or the judge thereof, upon application being made by such defendant, to order and direct that the money so paid into court for him, be delivered to him upon his filing a satisfaction of the judgment, or upon his filing a receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant as aforesaid shall be held to an abandonment by such defendant of all defenses interposed by him, excepting his claim for greater compensation. The court may order the money to be deposited in the county treasury, and in such case it shall be the duty of the treasurer to receive all such moneys, duly receipt for, and safely keep the same, and to pay out such moneys in such manner, and at such times, as the court or judge thereof may direct, and for such duty he shall be liable to the plaintiff upon his official bond; provided further, that at any time after the commencement of proceedings in the district court, as provided for in this chapter, to condemn property, and upon ten (10) days' notice to the adverse party, the district court or the judge thereof may appoint three (3) disinterested persons, who shall be residents of the county in which the land is situated, as commissioners to assess and determine the damages that the defendant will sustain by reason of the condemnation and appropriation of the property described in the complaint, and the said commissioners shall, before entering upon the discharge of their duties, take and subscribe an oath to faithfully and impartially discharge their duties as such commissioners. Such commissioners shall, within five (5) days of their appointment, give notice in writing of the time and place where they will meet for the purpose aforesaid, which time shall not be less than five (5) days nor more than ten (10) days from the date of giving said notice, and which place shall be within five (5) miles of the premises aforesaid, unless another time or place is agreed upon by the commissioners and the parties. At the time and place mentioned in such notice they may administer oaths to witnesses, and hear the evidence offered by the parties, and, after viewing the premises, shall report in writing their proceedings and the damages which they find the defendant will sustain by reason of the condemnation and appropriation of said property, which report shall be signed by said commissioners, or a majority thereof, and be filed in the office of the clerk of the district court in which such action shall be pending within ten days of the date of the conclusion of the commissioners' proceedings unless additional time therefor is granted by the court or judge thereof; and at any time after payment to the defendant of the amount so assessed and found by said commissioners as damages, or in case the defendant shall refuse to receive the same, then at any time after such amount shall be deposited with the clerk of the said court to abide the result of said action, the plaintiff may enter upon, and take possession of and use, the property mentioned in the complaint and do such work thereon as may be required for the easement or title sought according to its nature, until the final conclusion of the litigation concerning the same: provided further, that at the time of making such payment to the defendant of the amount so assessed and found by said commissioners as damages, or in case the defendant shall refuse to receive the same, then at any time after such amount shall be deposited with the clerk of the said court to abide the result of said action, the plaintiff may elect to build the fences, cattle guards and other structures by said commissioners found to be necessary, and may execute to the defendant a bond as provided in Section 7-714.

History:

[(7-717) C.C.P. 1881, sec. 867; R.S., sec. 5226; am. 1888-1889, p. 12; reen. R.C. & C.L., sec. 5226; C.S., sec. 7420; I.C.A., sec. 13-717; am. 1951, ch. 110, sec. 1, p. 256.]
Idaho Code § 7-1203 — Idaho Code / Title 7 / Chapter 12 / Section 7-1203
7-1203 AVAILABLE REMEDIES.
Status: in_force

7-1203. Available remedies. In addition to other remedies available to the department or obligee, collection of any delinquency from an obligor on behalf of an obligee shall be accomplished through any of the following means:

(1) The department shall intercept and withhold tax refunds to satisfy child support obligations pursuant to section 56-203D, Idaho Code.

(2) The department shall intercept and withhold a portion of any unemployment benefit payable to an obligor pursuant to section 72-1365, Idaho Code.

(3) The department shall administer a program to withhold a portion of an obligor's income for the benefit of the obligee pursuant to chapter 12, title 32, Idaho Code.

(4) The department shall intercept and withhold a portion of any veteran's benefits payable to an obligor pursuant to state or federal law.

(5) The department shall attach, garnish, or intercept and withhold a portion of any worker's compensation benefits which are payable to an obligor pursuant to title 72, Idaho Code.

(6) The department shall intercept and retain any support to reimburse the department for foster care assistance payments, as well as the care and placement of the child in foster care.

(7) The department shall charge fees to compensate the department for services rendered in establishment or enforcement of support obligations, including:

(a) A twenty-five dollar ($25.00) application fee paid in advance of any services;

(b) A twenty-five dollar ($25.00) fee to be deducted each time child support is collected as a result of an income tax offset; and

(c) A thirty-five dollar ($35.00) annual service fee for each case in which the department has collected and disbursed at least five hundred fifty dollars ($550) of support in the federal fiscal year.

History:

[7-1203, added 1985, ch. 159, sec. 1, p. 419; am. 1986, ch. 221, sec. 11, p. 592; am. 1998, ch. 207, sec. 2, p. 734; am. 2025, ch. 201, sec. 1, p. 912.]
Idaho Code § 7-1113 — Idaho Code / Title 7 / Chapter 11 / Section 7-1113
7-1113 BOND.
Status: in_force

7-1113. Bond. The court before whom the defendant is taken under the preceding section may require an undertaking to appear or in default thereof may place the defendant in custody.

History:

[7-1113, added 1969, ch. 93, sec. 12, p. 318.]
Idaho Code § 7-920 — Idaho Code / Title 7 / Chapter 9 / Section 7-920
7-920 ACT NOT RETROACTIVE.
Status: in_force

7-920. Act not retroactive. This act applies only to agreements made subsequent to the taking effect of this act.

History:

[I.C., sec. 7-920, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1612 — Idaho Code / Title 7 / Chapter 16 / Section 7-1612
7-1612 MEDICAL INFORMATION OF DONOR.
Status: in_force

7-1612. medical information of donor. A gestational agreement may provide for the disclosure of a gamete donor's medical information to a child born according to the terms of the gestational agreement and may describe the circumstances warranting such disclosure. However, if a gamete donor wishes to remain anonymous, only non-identifying medical information may be disclosed pursuant to the gestational agreement.

History:

[7-1612, added 2023, ch. 228, sec. 1, p. 705.]
Idaho Code § 7-710 — Idaho Code / Title 7 / Chapter 7 / Section 7-710
7-710 POWERS OF COURT.
Status: in_force

7-710. Powers of court. The court shall have power:

1. To regulate and determine the place and manner of making connections and crossings, or of enjoying the common use mentioned in the fifth subdivision of section 7-703.

2. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.

3. To determine the respective rights of different parties seeking condemnation of the same property.

History:

[(7-710) C.C.P. 1881, sec. 860; R.S., R.C., & C.L., sec. 5219; C.S., sec. 7413; I.C.A., sec. 13-710.]
Idaho Code § 7-1413 — Idaho Code / Title 7 / Chapter 14 / Section 7-1413
7-1413 VACATING OR STAYING AN ORDER SUSPENDING A LICENSE.
Status: in_force

7-1413. Vacating or staying an order suspending a license. (1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement. The moving party shall notify the petitioner and the department, if the department is providing child support services pursuant to title IV-D of the social security act or chapter 2, title 56, Idaho Code, of the pendency of these proceedings.

(2) The department shall vacate the suspension of a license ordered by the department upon payment of all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement.

(3) If the suspension has been stayed and if, at the end of one hundred eighty (180) days, the licensee has maintained current support payments and is in compliance with a repayment agreement, the suspension of the license shall be vacated.

(4) The court or department shall vacate an order suspending a license due to noncompliance with a subpoena, if the licensee complies with the subpoena in a paternity or child support proceeding.

(5) The court may stay an order suspending a license due to substantial noncompliance with a visitation order, for up to one hundred eighty (180) days, upon the licensee's reasonable assurance of compliance, and shall vacate the suspension if the licensee has complied with the order for visitation during the stay.

(6) The licensing authority shall be notified if the suspension of a license is vacated or stayed. On receipt of such notice, the licensing authority shall restore the licensee to active status upon payment of any applicable fees and satisfaction of any other licensing requirements.

History:

[7-1413 added 1996, ch. 429, sec. 1, p. 1461; am. 1998, ch. 250, sec. 6, p. 818.]
Idaho Code § 7-704A — Idaho Code / Title 7 / Chapter 7 / Section 7-704A
7-704A ACQUISITION OF OMITTED LANDS — ESCROW OF FUNDS.
Status: in_force

7-704A. Acquisition of omitted lands — Escrow of funds. (1) The state of Idaho, or any of its political subdivisions, in excercising its powers of eminent domain, shall acquire and pay full value for all lands classified as omitted lands under federal legislation as though the state of Idaho or any political subdivision thereof were receiving fee simple title.

(2) The state of Idaho or any political subdivision thereof shall be entitled to escrow the funds for the acquisition of the omitted lands until a letter of acquiescence or other documentation is received from the federal government, at which time all of the funds shall be remitted to the landholder.

History:

[7-704A, added 1982, ch. 125, sec. 1, p. 362.]
Idaho Code § 7-1043 — Idaho Code / Title 7 / Chapter 10 / Section 7-1043
7-1043 REGISTRATION OF ORDER FOR ENFORCEMENT.
Status: in_force

7-1043. Registration of order for enforcement. A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

History:

[(7-1043) 7-1040, 7-1035, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 19, p. 567; am. and redesig. 2006, ch. 252, sec. 43, p. 783; am. 2015, 1st E.S., ch. 1, sec. 32, p. 20.]
Idaho Code § 7-904 — Idaho Code / Title 7 / Chapter 9 / Section 7-904
7-904 MAJORITY ACTION BY ARBITRATORS.
Status: in_force

7-904. Majority action by arbitrators. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this act.

History:

[I.C., sec. 7-904, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-304 — Idaho Code / Title 7 / Chapter 3 / Section 7-304
7-304 FORM OF WRIT.
Status: in_force

7-304. Form of writ. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a specified time and place why he has not done so. The peremptory writ must be in a similar form except that the words requiring the party to show cause why he has not done as commanded must be omitted, and a return day inserted.

History:

[(7-304) C.C.P. 1881, sec. 740; R.S., R.C., & C.L., sec. 4979; C.S., sec. 7256; I.C.A., sec. 13-304.]
Idaho Code § 7-613 — Idaho Code / Title 7 / Chapter 6 / Section 7-613
7-613 ADDITIONAL PENALTIES FOR FAILING TO COMPLY WITH AN ORDER PROVIDING VISITATION WITH A MINOR CHILD.
Status: in_force

7-613. Additional penalties for failing to comply with an order providing visitation with a minor child. In addition to the penalties for contempt contained in this chapter, the court may issue an order suspending a license for failing to comply with an order providing for visitation with a minor child pursuant to chapter 14, title 7, Idaho Code.

History:

[7-613, added 1998, ch. 112, sec. 5, p. 417.]
Idaho Code § 7-1039 — Idaho Code / Title 7 / Chapter 10 / Section 7-1039
7-1039 IMMUNITY FROM CIVIL LIABILITY.
Status: in_force

7-1039. Immunity from civil liability. An employer that complies with an income-withholding order issued in another state in accordance with sections 7-1036 through 7-1042, Idaho Code, is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

History:

[(7-1039) 7-1036, added 1997, ch. 198, sec. 15, p. 566; am. and redesig. 2006, ch. 252, sec. 39, p. 782; am. 2015, 1st E.S., ch. 1, sec. 29, p. 20.]
Idaho Code § 7-1062 — Idaho Code / Title 7 / Chapter 10 / Section 7-1062
7-1062 INITIATION BY DEPARTMENT OF HEALTH AND WELFARE OF SUPPORT PROCEEDING UNDER CONVENTION.
Status: in_force

7-1062. INITIATION BY department of health and welfare OF SUPPORT PROCEEDING UNDER CONVENTION. (1) In a support proceeding under sections 7-1059 through 7-1071, Idaho Code, the department of health and welfare shall:

(a) Transmit and receive applications; and

(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2) The following support proceedings are available to an obligee under the convention:

(a) Recognition or recognition and enforcement of a foreign support order;

(b) Enforcement of a support order issued or recognized in this state;

(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d) Establishment of a support order if recognition of a foreign support order is refused under section 7-1066(2)(b), (d) or (i), Idaho Code;

(e) Modification of a support order of a tribunal of this state; and

(f) Modification of a support order of a tribunal of another state or a foreign country.

(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:

(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(b) Modification of a support order of a tribunal of this state; and

(c) Modification of a support order of a tribunal of another state or a foreign country.

(4) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

History:

[7-1062, added 2015, 1st E.S., ch. 1, sec. 50, p. 26.]
Idaho Code § 7-1115 — Idaho Code / Title 7 / Chapter 11 / Section 7-1115
7-1115 TESTIMONY AND EVIDENCE RELATING TO PATERNITY.
Status: in_force

7-1115. Testimony and evidence relating to paternity. Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to:

(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2) An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;

(3) The statistical probability of the alleged father's paternity based upon the genetic tests; or

(4) Medical, scientific or genetic evidence relating to the alleged father's paternity of the child based on tests performed by experts; or

(5) A voluntary acknowledgment of paternity executed under section 7-1106, Idaho Code.

History:

[7-1115, added 1982, ch. 127, sec. 2, p. 364; am. 1995, ch. 234, sec. 3, p. 792.]
Idaho Code § 7-704 — Idaho Code / Title 7 / Chapter 7 / Section 7-704
7-704 FACTS PREREQUISITE TO TAKING.
Status: in_force

7-704. Facts prerequisite to taking. Before property can be taken it must appear:

1. That the use to which it is to be applied is a use authorized by law.

2. That the taking is necessary to such use.

3. If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use.

4. In addition, for an electrical transmission line with a capacity in excess of two hundred thirty (230) KV (kilovolts), to be constructed over private real property actively devoted to agriculture, that a public meeting shall have been held following ten (10) days' notice, as provided by section 60-109, Idaho Code, being published in a newspaper of general circulation in each county or counties in which the transmission line is proposed to be located with the last publication of the legal notice having occurred prior to the public meeting at which testimony from interested persons regarding the transmission line location is received.

History:

[(7-704) C.C.P. 1881, sec. 854; R.S., R.C., & C.L., sec. 5213; C.S., sec. 7407; I.C.A., sec. 13-704; am. 1983, ch. 115, sec. 1, p. 247.]
Idaho Code § 7-1126 — Idaho Code / Title 7 / Chapter 11 / Section 7-1126
7-1126 CUSTODY OF CHILDREN — BEST INTEREST.
Status: in_force

7-1126. custody of children — best interest. In any proceeding to determine custody under the provisions of this chapter, the court shall apply sections 32-717 through 32-717E, Idaho Code. However, the court shall not consider whether or not the mother or father did or did not voluntarily consent to the adoption of the child or to the relinquishment of parental rights in determining best interest of the child.

History:

[7-1126, added 2013, ch. 138, sec. 2, p. 323.]
Idaho Code § 7-1103 — Idaho Code / Title 7 / Chapter 11 / Section 7-1103
7-1103 DEFINITIONS.
Status: in_force

7-1103. Definitions. When used in this act:

(1) The phrase "child conceived or born out of wedlock" refers to a child who is conceived outside of lawful matrimony but has not yet been born or who is begotten and born outside of lawful matrimony.

(2) The word "child" refers to child conceived or born out of wedlock.

(3) The word "mother" refers to the mother of a child conceived or born out of wedlock.

(4) The word "father" refers to the biological father of a child conceived or born out of wedlock.

(5) The word "court" refers to the district court which is hearing the cause.

History:

[7-1103, added 1969, ch. 93, sec. 2, p. 318; am. 1988, ch. 132, sec. 1, p. 235; am. 2019, ch. 295, sec. 1, p. 876.]
Idaho Code § 7-1415 — Idaho Code / Title 7 / Chapter 14 / Section 7-1415
7-1415 FEES AND PENALTIES.
Status: in_force

7-1415. Fees and penalties. A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. Pursuant to its statute and rules, a licensing authority may charge fees or impose penalties on a licensee whose license is suspended under this chapter. A person who continues to engage in the activity after an order of suspension has become final shall be subject to the same penalties as any person engaging in the activity without a license.

History:

[7-1415 added 1996, ch. 429, sec. 1, p. 1462.]
Idaho Code § 7-1004A — Idaho Code / Title 7 / Chapter 10 / Section 7-1004A
7-1004A APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING.
Status: in_force

7-1004A. application of chapter to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply sections 7-1001 through 7-1058, Idaho Code, and, as applicable, sections 7-1059 through 7-1071, Idaho Code, to a support proceeding involving:

(a) A foreign support order;

(b) A foreign tribunal; or

(c) An obligee, obligor or child residing in a foreign country.

(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of sections 7-1001 through 7-1058, Idaho Code.

(3) Sections 7-1059 through 7-1071, Idaho Code, apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 7-1059 through 7-1071, Idaho Code, is inconsistent with sections 7-1001 through 7-1058, Idaho Code, then sections 7-1059 through 7-1071, Idaho Code, control.

History:

[7-1004A, added 2015, 1st E.S., ch. 1, sec. 4, p. 10.]
Idaho Code § 7-603 — Idaho Code / Title 7 / Chapter 6 / Section 7-603
7-603 CONTEMPT IN PRESENCE OF COURT — PUNISHMENT.
Status: in_force

7-603. Contempt in presence of court — Punishment. When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer.

History:

[(7-603) C.C.P. 1881, sec. 832; R.S., R.C., & C.L., sec. 5157; C.S., sec. 7385; I.C.A., sec. 13-603.]
Idaho Code § 7-302 — Idaho Code / Title 7 / Chapter 3 / Section 7-302
7-302 WHEN AND BY WHAT COURTS ISSUED.
Status: in_force

7-302. When and by what courts issued. It may be issued by the supreme court or any district court to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and the enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person.

History:

[(7-302) C.C.P. 1881, sec. 738; R.S., R.C., & C.L., sec. 4977; C.S., sec. 7254; I.C.A., sec. 13-302; am. 1996, ch. 224, sec. 1, p. 736.]
Idaho Code § 7-702 — Idaho Code / Title 7 / Chapter 7 / Section 7-702
7-702 ESTATES SUBJECT TO TAKING.
Status: in_force

7-702. Estates subject to taking. The following is a classification of the estates and rights in lands subject to be taken for public use:

1. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.

2. An easement, when taken for any other use.

3. The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.

History:

[(7-702) C.C.P. 1881, sec. 852; R.S., R.C., & C.L., sec. 5211; C.S., sec. 7405; I.C.A., sec. 13-702.]
Idaho Code § 7-803 — Idaho Code / Title 7 / Chapter 8 / Section 7-803
7-803 PUBLICATION OF PETITION AND NOTICE.
Status: in_force

7-803. Publication of petition and notice. (1) A notice of hearing of such petition signed by the clerk and issued under the seal of the court, must be published for four (4) successive weeks in a newspaper designated by the court as most likely to give notice in the county where the person whose name is proposed to be changed resides, and proofs must be made of such publication or posting before the petition can be considered. The notice of hearing may be substantially in the following form:

NOTICE OF HEARING

In the District Court of the…. Judicial District of the State of Idaho in and for…. County.

In the matter of the application of…. for change in name.

(Assertions herein contained refer to assertions in the petition)

A petition by…., now residing in the City of…., State of Idaho, proposing a change in name to…. has been filed in the above entitled court, the reason for the change in name being

.

such petition will be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court a good reason against such a change of name.

WITNESS my hand and seal of said District Court this…. day of……

……………..

Attorney for petitioner

………………

Residence or post office address

……………… Idaho.

(2) If the petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting to the name change, the petitioner must cause notice of the time and place of the hearing to be served on the other parent not less than thirty (30) days before the hearing.

(3) If the petition has been filed for a minor by a guardian, the person filing the petition must cause notice of the time and place of the hearing to be served on the persons whose names and addresses were specified in the petition pursuant to section 7-802(2)(b), Idaho Code, not less than thirty (30) days before the hearing.

History:

[(7-803) C.C.P. 1881, sec. 873; R.S., R.C., & C.L., sec. 5247; C.S., sec. 7426; I.C.A., sec. 13-803; am. 1945, ch. 32, sec. 1, p. 39; am. 2007, ch. 90, sec. 1, p. 246; am. 2010, ch. 250, sec. 1, p. 640; am. 2017, ch. 191, sec. 2, p. 439.]
Idaho Code § 7-1041 — Idaho Code / Title 7 / Chapter 10 / Section 7-1041
7-1041 CONTEST BY OBLIGOR.
Status: in_force

7-1041. Contest by obligor. (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in sections 7-1043 through 7-1057, Idaho Code, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(2) The obligor shall give notice of the contest to:

(a) A support enforcement agency providing services to the obligee;

(b) Each employer that has directly received an income-withholding order relating to the obligor; and

(c) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.

History:

[(7-1041) 7-1038, added 1997, ch. 198, sec. 17, p. 566; am. and redesig. 2006, ch. 252, sec. 41, p. 782.]
Idaho Code § 7-1042 — Idaho Code / Title 7 / Chapter 10 / Section 7-1042
7-1042 ADMINISTRATIVE ENFORCEMENT OF ORDERS.
Status: in_force

7-1042. Administrative enforcement of orders. (1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.

History:

[(7-1042) 7-1039, 7-1034, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 18, p. 566; am. and redesig. 2006, ch. 252, sec. 42, p. 782; am. 2015, 1st E.S., ch. 1, sec. 31, p. 20.]
Idaho Code § 7-609 — Idaho Code / Title 7 / Chapter 6 / Section 7-609
7-609 HEARING.
Status: in_force

7-609. Hearing. When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.

History:

[(7-609) C.C.P. 1881, sec. 838; R.S., R.C., & C.L., sec. 5163; C.S., sec. 7391; I.C.A., sec. 13-609.]
Idaho Code § 7-1038 — Idaho Code / Title 7 / Chapter 10 / Section 7-1038
7-1038 EMPLOYER'S COMPLIANCE WITH TWO OR MORE INCOME-WITHHOLDING ORDERS.
Status: in_force

7-1038. Employer's compliance with two or more income-withholding orders. If an obligor's employer receives two (2) or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two (2) or more child support obligees.

History:

[(7-1038) 7-1035, added 1997, ch. 198, sec. 14, p. 565; am. and redesig. 2006, ch. 252, sec. 38, p. 781.]
Idaho Code § 7-1104 — Idaho Code / Title 7 / Chapter 11 / Section 7-1104
7-1104 ORDER FIXES LEGAL RELATIONSHIPS.
Status: in_force

7-1104. Order fixes legal relationships. After an order of filiation has been made as herein provided, the legal status and legal relationships and the rights and obligations between a person and his descendants, and between a person and his parents, their descendants and kindred, are the same for all persons, whether or not the parents have been married.

History:

[7-1104, added 1969, ch. 93, sec. 3, p. 318.]
Idaho Code § 7-1076 — Idaho Code / Title 7 / Chapter 10 / Section 7-1076
7-1076 SEVERABILITY.
Status: in_force

7-1076. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[(7-1076) (7-1062) (7-1059) 7-1052, added 1994, ch. 207, sec. 2, p. 656; am. and redesig. 1997, ch. 198, sec. 38, p. 573; am. and redesig. 2006, ch. 252, sec. 62, p. 790; am. and redesig. 2015, ch. 1, sec. 64, p. 32.]
Idaho Code § 7-1607 — Idaho Code / Title 7 / Chapter 16 / Section 7-1607
7-1607 PARENTAGE UNDER A VALIDATED GESTATIONAL AGREEMENT.
Status: in_force

7-1607. parentage under a validated gestational agreement. (1) This section shall apply in determining the parentage of a child born under the terms of a gestational agreement that has been validated pursuant to section 7-1605, Idaho Code.

(2) No later than fourteen (14) days after the birth of the child, the intended parent shall file notice of the birth with the district court that issued the validation order. The court shall then issue an order of parentage confirming that the intended parent is the parent of the child and directing the state registrar of vital statistics to file a birth certificate naming the intended parent as the parent of the child. If necessary, the court shall further order that the child be surrendered to the intended parent. The order of parentage shall contain the following information:

(a) The child's full name;

(b) The child's date of birth;

(c) The child's place of birth;

(d) The gestational carrier's full name;

(e) The full name of the gestational carrier's spouse, if the gestational carrier is married; and

(f) The full name of each intended parent.

(3) If the intended parent fails to file notice as required under subsection (2) of this section, the gestational carrier or the department of health and welfare may file such notice, and the court shall order that the intended parent is the parent of the child and financially responsible for the child.

(4) Failure to file notice required by this section shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.

History:

[7-1607, added 2023, ch. 228, sec. 1, p. 703.]
Idaho Code § 7-1002 — Idaho Code / Title 7 / Chapter 10 / Section 7-1002
7-1002 DEFINITIONS.
Status: in_force

7-1002. Definitions. In this chapter:

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) "Child-support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

(4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(a) Which has been declared under the law of the United States to be a foreign reciprocating country;

(b) Which has established a reciprocal arrangement for child support with this state as provided in section 7-1023, Idaho Code;

(c) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or

(d) In which the convention is in force with respect to the United States.

(6) "Foreign support order" means a support order of a foreign tribunal.

(7) "Foreign tribunal" means a court, administrative agency or quasi-judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention.

(8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six (6) month or other period.

(9) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(10) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by chapter 12, title 32, Idaho Code, to withhold support from the income of the obligor.

(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(13) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(15) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(16) "Obligee" means:

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(b) A foreign country, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(c) An individual seeking a judgment determining parentage of the individual's child; or

(d) A person that is a creditor in a proceeding under sections 7-1058 through 7-1071, Idaho Code.

(17) "Obligor" means an individual, or the estate of a decedent that:

(a) Owes or is alleged to owe a duty of support;

(b) Is alleged but has not been adjudicated to be a parent of a child;

(c) Is liable under a support order; or

(d) Is a debtor in a proceeding under sections 7-1058 through 7-1071, Idaho Code.

(18) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(21) "Register" means to record in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.

(22) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.

(23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

(24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

(25) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

(26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

(27) "Support enforcement agency" means a public official, governmental entity or private agency authorized to:

(a) Seek enforcement of support orders or laws relating to the duty of support;

(b) Seek establishment or modification of child support;

(c) Request determination of parentage of a child;

(d) Attempt to locate obligors or their assets; or

(e) Request determination of the controlling child-support order.

(28) "Support order" means a judgment, decree, order, decision or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.

(29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

History:

[(7-1002) 7-1001, added 1994, ch. 207, sec. 2, p. 640; am. 1997, ch. 198, sec. 1, p. 557; am. and redesig. 2006, ch. 252, sec. 2, p. 764; am. 2015, 1st E.S., ch. 1, sec. 1, p. 7.]
Idaho Code § 7-1509 — Idaho Code / Title 7 / Chapter 15 / Section 7-1509
7-1509 EVALUATION DECISION — TRIAL DE NOVO — MISCELLANEOUS.
Status: in_force

7-1509. Evaluation decision — Trial de novo — Miscellaneous. (1) Within fourteen (14) days following the evaluation, the evaluator shall issue a written, signed decision. The evaluator shall determine all issues raised by the pleadings, including a determination of any damages. The evaluator shall apply the applicable law as it exists; however, neither findings of fact nor conclusions of law shall be required. The decision shall be served on the parties. The evaluator shall file a notice of issuance of the evaluator's decision with the clerk of the court, together with proof of service of the notice and the decision on the parties. The decision shall not be filed with the clerk of the court. The evaluator's decision shall not exceed thirty-five thousand dollars ($35,000) in total damages to a party. The evaluator's decision shall not include exemplary or punitive damages. An evaluator may, in addition, award costs and attorney's fees under the terms of an applicable contract. All other costs and attorney's fees to which a party is entitled by statute or court rule shall be awarded by the court.

(2) Within twenty-one (21) days after the notice of issuance of the evaluator's decision has been filed with the clerk of the court, any party may file with the clerk a request for a trial de novo in the district court on all issues of law and fact.

(3) The trial de novo shall proceed as if the evaluation had not occurred. No reference to the evaluation or to the amount of the evaluation decision shall be made to the trial court or the jury during any part of the trial de novo. Discovery taken and recorded statements made during the evaluation process may be used at the trial de novo as provided in the Idaho rules of civil procedure and the Idaho rules of evidence; however, no reference shall be made to the fact that any statement was made in an evaluation proceeding. Any dollar amount sought, demanded or awarded during the evaluation, including the parties' agreement that for the purposes of the evaluation the claim is limited to thirty-five thousand dollars ($35,000), shall be treated as an offer of compromise pursuant to the Idaho rules of evidence and shall not be admissible at trial. Any examination made pursuant to the provisions of section 7-1507(1)(c), Idaho Code, shall be subject to rule 35 of the Idaho rules of civil procedure. Any violation of the provisions of this subsection by a party or its attorney shall be subject to appropriate sanctions by the trial court.

(4) The relief sought at trial shall not be limited by the evaluation; provided however, that judgment for damages of more than thirty-five thousand dollars ($35,000), exclusive of costs and fees, may not be entered for a party who has agreed that its claim does not exceed thirty-five thousand dollars ($35,000) for the purposes of initiating alternative dispute resolution under this chapter and shall be reduced by the court unless the claimant establishes the applicability of the factors of rule 60 of the Idaho rules of civil procedure. An evaluator may not be called as a witness at the trial de novo.

(5) The trial court shall assess costs, reasonable attorney's fees, and the entire amount of the evaluator's fee against a party who requests a trial de novo and fails to improve its position at the trial de novo by at least fifteen percent (15%). For purposes of this subsection, "costs and reasonable attorney's fees" means all attorney's fees and costs as provided for by statute or court rule incurred after the filing of a request for a trial de novo. In addition, the court shall award all other expert witness fees and expenses in excess of those permitted by statute or rule if the court finds that they were reasonably incurred.

(6) Within twenty-one (21) days following the filing of the request for trial de novo, a party may serve upon the other party(ies) a written offer of compromise. If an offer of compromise is not accepted by the other party(ies) within fourteen (14) days after service thereof, the amount used for determining whether the party requesting the trial de novo has improved its position shall be the amount of the offer of compromise. Neither the evaluator's decision nor the offer of compromise shall be submitted to the trial court until the verdict or judgment has been rendered in the trial de novo.

(7) The trial court may assess some or all costs and reasonable attorney's fees against a party who withdraws its request for a trial de novo where the withdrawal is not in conjunction with the acceptance of an offer of compromise.

(8) If no request for trial de novo has been filed at the expiration of twenty-one (21) days following the filing of the evaluator's notice of decision, a judgment may be presented to the court by any party accompanied by a copy of the evaluator's decision. If the judgment is in conformity with the evaluator's decision it shall be entered and shall have the same force and effect as any other judgment in a civil action but shall not be subject to appellate review and may only be set aside pursuant to the provisions of rule 60 of the Idaho rules of civil procedure. An accepted offer of compromise may also be presented to the court to be converted to a judgment.

(9) Except as provided in subsection (5) of this section, the provisions of this chapter do not affect or preclude the application of any other statute or rule regarding fees or costs including, but not limited to, those in title 7 or 12, Idaho Code, section 41-1839, Idaho Code, or the Idaho rules of civil procedure. Awards of damages and of attorney's fees and costs, when made to opposing parties, shall be set off against one another and judgment shall be entered for the net amount to the party(ies) entitled thereto.

(10) An evaluator may obtain a judgment for his fees and costs in the pending litigation against any party that refuses to pay its share. Judgment shall be obtained by motion to the trial court which shall only be granted after the party failing to pay has had the opportunity to be heard and object.

History:

[7-1509, added 2002, ch. 137, sec. 1, p. 387; am. 2003, ch. 29, sec. 7, p. 110; am. 2019, ch. 187, sec. 1, p. 594.]
Idaho Code § 7-1416 — Idaho Code / Title 7 / Chapter 14 / Section 7-1416
7-1416 COOPERATION BETWEEN LICENSING AUTHORITIES AND THE DEPARTMENT OF HEALTH AND WELFARE.
Status: in_force

7-1416. Cooperation between licensing authorities and the department of health and welfare. (1) Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, upon request of the department a licensing authority shall provide the name, address, social security number, license renewal date and other identifying information for licensees. The information shall be provided in a manner agreed to by the licensing authority and the department.

(2) The department may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner.

History:

[7-1416 added 1996, ch. 429, sec. 1, p. 1462; am. 2015, ch. 141, sec. 8, p. 381.]
Idaho Code § 7-1602 — Idaho Code / Title 7 / Chapter 16 / Section 7-1602
7-1602 PURPOSE.
Status: in_force

7-1602. PURPOSE. The purpose of this chapter is to:

(1) Facilitate the use of gestational agreements in accordance with the public policy of the state of Idaho;

(2) Establish consistent standards and procedural safeguards for the protection of all parties to gestational agreements;

(3) Protect the welfare of children born as a result of gestational agreements; and

(4) Clarify the parentage of children born under the terms of gestational agreements.

History:

[7-1602, added 2023, ch. 228, sec. 1, p. 701.]
Idaho Code § 7-1003 — Idaho Code / Title 7 / Chapter 10 / Section 7-1003
7-1003 STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.
Status: in_force

7-1003. state Tribunal and support enforcement agency. (1) The district courts are the tribunals of this state.

(2) The Idaho department of health and welfare is the support enforcement agency of this state.

History:

[(7-1003) 7-1002, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 3, p. 766; am. 2015, 1st E.S., ch. 1, sec. 2, p. 10.]
Idaho Code § 7-1403 — Idaho Code / Title 7 / Chapter 14 / Section 7-1403
7-1403 GROUNDS FOR SUSPENSION OF A LICENSE.
Status: in_force

7-1403. Grounds for suspension of a license. In addition to any other basis provided by Idaho law for suspension of a license, a licensee is subject to suspension of a license if the licensee:

(1) Is an obligor who has a delinquency as defined in section 7-1402(3), Idaho Code;

(2) Has failed to comply with a subpoena in a paternity or child support proceeding; or

(3) Has substantially failed to comply with an order providing for visitation with a minor child.

History:

[7-1403 added 1996, ch. 429, sec. 1, p. 1458; am. 1998, ch. 250, sec. 2, p. 816.]
Idaho Code § 7-305 — Idaho Code / Title 7 / Chapter 3 / Section 7-305
7-305 NOTICE OF APPLICATION — HEARING.
Status: in_force

7-305. Notice of application — Hearing. When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application, when given, must be at least fourteen (14) days. The writ cannot be granted by default. The case must be heard by the court whether the adverse party appear or not.

History:

[(7-305) C.C.P. 1881, sec. 741; R.S., R.C., & C.L., sec. 4980; C.S., sec. 7257; I.C.A., sec. 13-305; am. 1996, ch. 224, sec. 2, p. 736.]
Idaho Code § 7-1024 — Idaho Code / Title 7 / Chapter 10 / Section 7-1024
7-1024 PRIVATE COUNSEL.
Status: in_force

7-1024. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

History:

[(7-1024) 7-1021, added 1994, ch. 207, sec. 2, p. 647; am. and redesig. 2006, ch. 252, sec. 24, p. 776.]
Idaho Code § 7-1114 — Idaho Code / Title 7 / Chapter 11 / Section 7-1114
7-1114 TRIAL BY COURT — TESTIMONY ON ACCESS — CORROBORATION REQUIRED.
Status: in_force

7-1114. Trial by court — Testimony on access — Corroboration required. The trial shall be by the court without a jury. If the mother is married both she and her husband may testify to nonaccess. If the defendant shall offer testimony of access by others at or about the time charged in the complaint, such testimony shall not be competent or sufficient to base a finding of access unless corroborated by other acts and circumstances tending to prove such access.

History:

[7-1114, added 1969, ch. 93, sec. 13, p. 318.]
Idaho Code § 7-1119 — Idaho Code / Title 7 / Chapter 11 / Section 7-1119
7-1119 PRESUMPTION OF LEGITIMACY — WHEN REBUTTED.
Status: in_force

7-1119. Presumption of legitimacy — When rebutted. The presumption of legitimacy of a child born during wedlock is overcome by:

(1) Genetic tests which show that the husband is not the father of the child; or

(2) An affidavit of nonpaternity signed by the natural mother and her husband and an affidavit of paternity signed by the natural mother and natural father.

History:

[7-1119, added 1969, ch. 93, sec. 18, p. 318; am. 1995, ch. 234, sec. 5, p. 793.]
Idaho Code § 7-1308 — Idaho Code / Title 7 / Chapter 13 / Section 7-1308
7-1308 HEARING — FINDINGS — JUDGMENT AND DECREE — COSTS — ENTITLEMENT TO RELIEF.
Status: in_force

7-1308. Hearing — Findings — Judgment and decree — Costs — Entitlement to relief. (1) The filing of the petition and publication and posting of the notice as provided in section 7-1306, Idaho Code, shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and things affecting each question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants.

(2) In making the findings set forth in subsection (1) of this section, the court shall find upon what legal authority the political subdivision bases the petition for the proposed bond, obligation or agreement and whether such bond, obligation or agreement is permissible under the general laws of the state or is permissible as an ordinary and necessary expense of the political subdivision authorized by the general laws of the state and shall determine if the political subdivision is entitled to the relief sought. If in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to establish the truth of any averment by evidence or make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper.

History:

[7-1308, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 3, p. 400; am. 1996, ch. 235, sec. 3, p. 765.]
Idaho Code § 7-1302 — Idaho Code / Title 7 / Chapter 13 / Section 7-1302
7-1302 LEGISLATIVE DECLARATION.
Status: in_force

7-1302. Legislative declaration. The legislature of the state of Idaho determines, finds and declares in connection with this chapter:

(1) An early judicial examination into and determination of the validity of the power of any political subdivision to issue bonds or obligations and execute any agreements or security instruments therefor promotes the health, safety and welfare of the people of the state.

(2) The provision in this chapter of the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining to issuance of bonds or execution of obligations by political subdivisions will serve a public function and effect a public purpose.

(3) Any notice provided for in this chapter is reasonably calculated to inform each person of interest in any proceedings thereunder which may directly and adversely affect his legally protected interests, if any.

(4) Any act prior to or subsequent to the effective date of this chapter may be confirmed pursuant to this chapter.

History:

[7-1302, added 1988, ch. 219, sec. 1, p. 414; am. 1996, ch. 235, sec. 1, p. 763.]
Idaho Code § 7-1048 — Idaho Code / Title 7 / Chapter 10 / Section 7-1048
7-1048 PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER.
Status: in_force

7-1048. Procedure to contest validity or enforcement of registered support order. (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 7-1047, Idaho Code. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 7-1049, Idaho Code.

(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the support registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

History:

[(7-1048) 7-1045, 7-1040, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 24, p. 568; am. and redesig. 2006, ch. 252, sec. 48, p. 785; am. 2015, 1st E.S., ch. 1, sec. 37, p. 23.]
Idaho Code § 7-312 — Idaho Code / Title 7 / Chapter 3 / Section 7-312
7-312 DAMAGES.
Status: in_force

7-312. Damages. If judgment be given for the applicant, he may recover damages which he has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue; and a peremptory mandate must also be awarded without delay.

History:

[(7-312) C.C.P. 1881, sec. 748; R.S., R.C., & C.L., sec. 4987; C.S., sec. 7264; I.C.A., sec. 13-312.]
Idaho Code § 7-1018 — Idaho Code / Title 7 / Chapter 10 / Section 7-1018
7-1018 APPLICATION OF LAW OF THIS STATE.
Status: in_force

7-1018. Application of law of this state. Except as otherwise provided in this chapter, a responding tribunal of this state shall:

(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

History:

[(7-1018) 7-1015, added 1994, ch. 207, sec. 2, p. 645; am. and redesig. 2006, ch. 252, sec. 18, p. 773.]
Idaho Code § 7-1036 — Idaho Code / Title 7 / Chapter 10 / Section 7-1036
7-1036 EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
Status: in_force

7-1036. Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under the provisions of chapter 12, title 32, Idaho Code, without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

History:

[(7-1036) 7-1033, added 1994, ch. 207, sec. 2, p. 650; am. 1997, ch. 198, sec. 12, p. 564; am. and redesig. 2006, ch. 252, sec. 36, p. 781.]
Idaho Code § 7-1053 — Idaho Code / Title 7 / Chapter 10 / Section 7-1053
7-1053 MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE.
Status: in_force

7-1053. Modification of child-support order of another state. (1) If section 7-1055, Idaho Code, does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(a) The following requirements are met:

(i) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(ii) A petitioner who is a nonresident of this state seeks modification; and

(iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

(b) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(2) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(3) A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under section 7-1011, Idaho Code, establishes the aspects of the support order which are nonmodifiable.

(4) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(5) On the issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

(6) Notwithstanding subsections (1) through (5) of this section and section 7-1005(1)(b), Idaho Code, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(a) One party resides in another state; and

(b) The other party resides outside the United States.

History:

[(7-1053) 7-1050, 7-1045, added 1994, ch. 207, sec. 2, p. 654; am. and redesig. 1997, ch. 198, sec. 29, p. 570; am. and redesig. 2006, ch. 252, sec. 53, p. 787; am. 2015, 1st E.S., ch. 1, sec. 42, p. 24.]
Idaho Code § 7-1014 — Idaho Code / Title 7 / Chapter 10 / Section 7-1014
7-1014 APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION.
Status: in_force

7-1014. Application of chapter to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 7-1031, Idaho Code, communicate with a tribunal outside this state pursuant to section 7-1032, Idaho Code, and obtain discovery through a tribunal outside this state pursuant to section 7-1033, Idaho Code. In all other respects, sections 7-1016 through 7-1058, Idaho Code, do not apply and the tribunal shall apply the procedural and substantive law of this state.

History:

[7-1014, added 2006, ch. 252, sec. 14, p. 772; am. 2015, 1st E.S., ch. 1, sec. 12, p. 13.]
Idaho Code § 7-1606 — Idaho Code / Title 7 / Chapter 16 / Section 7-1606
7-1606 TERMINATION OF AGREEMENT.
Status: in_force

7-1606. Termination of agreement. (1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice of termination to the other parties.

(a) If the agreement has been validated pursuant to section 7-1605, Idaho Code, the terminating party shall file notice of termination with the district court, and the court shall vacate the order of validation.

(b) Failure to provide the notice required by paragraph (a) of this subsection shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.

(2) The district court for good cause shown may terminate a gestational agreement.

(3) Neither a gestational carrier nor a gestational carrier's spouse shall be liable to any intended parent for terminating a gestational agreement.

History:

[7-1606, added 2023, ch. 228, sec. 1, p. 703.]
Idaho Code § 7-1311 — Idaho Code / Title 7 / Chapter 13 / Section 7-1311
7-1311 EFFECT OF CHAPTER.
Status: in_force

7-1311. Effect of chapter. (1) This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers herein granted.

(2) The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed hereby shall not affect the powers conferred by, any other law.

(3) Nothing contained in this chapter shall be construed as preventing the exercise of any power granted to the political subdivision, acting by and through the governing body, or any officer, agent or employee of the political subdivision, or otherwise, by any other law.

(4) No part of this chapter shall repeal or affect any other law or part thereof, it being intended that this chapter shall provide a separate method of accomplishing its objectives and not an exclusive one; and this chapter shall not be construed as repealing, amending or changing any such other law.

History:

[7-1311, added 1988, ch. 219, sec. 1, p. 417.]
Idaho Code § 7-913 — Idaho Code / Title 7 / Chapter 9 / Section 7-913
7-913 MODIFICATION OR CORRECTION OF AWARD.
Status: in_force

7-913. Modification or correction of award. (a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

(b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.

(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

History:

[I.C., sec. 7-913, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1067 — Idaho Code / Title 7 / Chapter 10 / Section 7-1067
7-1067 PARTIAL ENFORCEMENT.
Status: in_force

7-1067. PARTIAL ENFORCEMENT. If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.

History:

[7-1067, added 2015, 1st E.S., ch. 1, sec. 55, p. 29.]
Idaho Code § 7-1028 — Idaho Code / Title 7 / Chapter 10 / Section 7-1028
7-1028 COSTS AND FEES.
Status: in_force

7-1028. Costs and fees. (1) The petitioner may not be required to pay a filing fee or other costs.

(2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

(3) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 7-1043 through 7-1058, Idaho Code, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

History:

[(7-1028) 7-1025, added 1994, ch. 207, sec. 2, p. 648; am. 1997, ch. 198, sec. 11, p. 564; am. and redesig. 2006, ch. 252, sec. 28, p. 777; am. 2015, 1st E.S., ch. 1, sec. 22, p. 17.]
Idaho Code § 7-1075 — Idaho Code / Title 7 / Chapter 10 / Section 7-1075
7-1075 TRANSITIONAL PROVISION.
Status: in_force

7-1075. transitional provision. This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered.

History:

[7-1075, added 2015, 1st E.S., ch. 1, sec. 63, p. 32.]
Idaho Code § 7-1411 — Idaho Code / Title 7 / Chapter 14 / Section 7-1411
7-1411 DEFAULT.
Status: in_force

7-1411. Default. The court or department shall deem the allegations of the petition or notice to be admitted and shall issue an order suspending a license if the licensee fails to make a timely request for a hearing or fails to appear at a hearing without good cause. The entry of the default and issuance of any subsequent order shall be pursuant to IRCP 55.

History:

[7-1411, added 1996, ch. 429, sec. 1, p. 1460; am. 1997, ch. 317, sec. 3, p. 939.]
Idaho Code § 7-1508 — Idaho Code / Title 7 / Chapter 15 / Section 7-1508
7-1508 PREHEARING AND HEARING PROCEDURES.
Status: in_force

7-1508. Prehearing and hearing procedures. (1) The evaluator shall set the time and place of the evaluation hearing and shall give reasonable notice of the hearing to the parties. The parties may agree to hold the hearing by telephone. Except by stipulation among the parties and the evaluator, or for good cause shown, the hearing shall be scheduled to take place no sooner than twenty-eight (28) days, nor later than seventy (70) days, from the date of the assignment of the case to the evaluator. If a case will be heard later than seventy (70) days from the date of assignment, the evaluator shall file a notice with the trial court providing reasons for the delay and informing the court of the date of the hearing.

(2) Subject to the evaluator's discretion, no party shall be allowed more than three (3) hours for presentation of its case at an evaluation hearing.

(3) Counsel for the parties and the evaluator may issue subpoenas for the hearing in the manner provided in the Idaho rules of civil procedure.

(4) Unless otherwise agreed by the parties, at least seven (7) days prior to the date of the evaluation, each party shall file with the evaluator and serve upon all other parties a prehearing statement containing a list of witnesses the party intends to call at the evaluation hearing and a list of exhibits and documentary evidence a party intends to utilize at the hearing. The document will identify whether the testimony shall be live, presented in a sworn writing, or taken by telephone. All written and other tangible evidence identified shall be made available for the opposing party's inspection and copying at least seven (7) days prior to the hearing date. The evaluator may exclude any evidence not provided in compliance with this section.

(5) The evaluator shall control the mode and order of proof with the objectives of making the presentation of evidence effective for the ascertainment of facts, avoiding the needless consumption of time, protecting witnesses from harassment and undue embarrassment, and ensuring the fair, swift, and cost-effective determination of the case. Witnesses shall testify under oath administered by the evaluator with the full penalty of law to apply to violation of that oath. The evaluator may allow testimony by telephone or other nontraditional means. The evaluator may question any witness. A party has the right to cross-examine any other party and any witness called by another party.

(6) A stenographic or electronic recording may be made at the request and at the expense of any party.

(7) Proceedings shall be under the control of the evaluator and as informal as practicable. The extent to which the formal rules of evidence will be applied shall rest in the discretion of the evaluator. To the extent determined applicable, the evaluator shall construe those rules liberally in order to effectuate a fair, swift and cost-efficient procedure. Expert opinion testimony shall only be allowed if the conclusions and foundations therefore were appropriately disclosed and, if offered live, subjected to the opportunity for deposition pursuant to section 7-1507(2), Idaho Code, and otherwise admissible under the Idaho rules of evidence.

(8) To effectuate the fair, swift and cost-efficient nature of the evaluation, the following documents shall be presumed admissible and may be provided to the evaluator prior to the hearing, provided the documents are disclosed in the prehearing statement and, where relevant, the name, address and telephone number of the author of the document is contained in the document or set forth in the prehearing statement:

(a) Any written contract between the parties;

(b) A copy of any billing statement or invoice prepared in the normal course of business;

(c) Copies of any correspondence between the parties except documents inadmissible under rule 408 of the Idaho rules of evidence;

(d) Any document that would be admissible under rule 803(6) of the Idaho rules of evidence;

(e) A bill, report, chart, or record of a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead, or billhead or otherwise clearly identifiable as part of the provider's professional record;

(f) A bill for drugs, medical appliances or other related expenses on letterhead, or billhead or otherwise clearly identifiable as part of a provider's professional record;

(g) A bill for, or estimate of, property damage or loss on a letterhead or billhead. In the case of an estimate, the offering party shall notify the adverse party no later than, as part of the prehearing statement, whether the property was repaired, in full or in part and provide the actual bill showing the cost of repairs;

(h) A police, weather, or wage loss report or standard life expectancy table to the extent it is relevant without need for authentication;

(i) A photograph, videotape, x-ray, drawing, map, blueprint, or similar evidence to the extent it is relevant without the need for authentication;

(j) The written statement of any witness made as part of a police investigation;

(k) The written statement of any witness, including a written report of any expert witness that contains a statement of opinion based on proper qualifications which the witness would be allowed to express if testifying in person;

(l) A document not specifically covered by the foregoing but having equivalent circumstantial guarantees of trustworthiness, the admission of which would help in the swift, fair and cost-effective resolution of the dispute or otherwise serve the interests of justice.

(9) The admission of a document under subsection (8) of this section does not, in any manner, restrict argument or proof relating to the weight of the evidence admitted, nor does it limit the evaluator's discretion to determine the weight of the evidence after hearing all evidence and the arguments of the parties.

(10) The evaluation hearing may proceed, and a decision may issue, in the absence of any party who, after due notice, fails to participate or to obtain a continuance. Continuances shall only be granted for good cause and for the shortest practicable time. If a party is absent, the evaluator may permit any party present to submit evidence supporting such present party's position in the case. In a case involving more than one (1) defendant, the absence of a defendant shall not preclude the evaluator from assessing as part of the award, damages against the defendant or defendants who are absent. The evaluator, for good cause shown, may allow an absent party an opportunity to appear at a subsequent hearing before making an award. A party who fails to participate in the hearing or prehearing process without good cause waives the right to a trial de novo. If it is shown to the trial court by clear and convincing evidence that a party or its counsel has not acted in good faith during the evaluation, the trial court may impose any appropriate sanction against such party or its counsel.

History:

[7-1508, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 6, p. 108.]
Idaho Code § 7-1605 — Idaho Code / Title 7 / Chapter 16 / Section 7-1605
7-1605 VALIDATION OF AGREEMENT.
Status: in_force

7-1605. validation of agreement. (1) A gestational agreement entered under this chapter is enforceable only if it is validated pursuant to this section.

(2) For a gestational agreement to be validated pursuant to this section, at least one (1) party to the agreement must reside in Idaho and have so resided for at least six (6) months prior to entering into the gestational agreement or have contacts with the state of Idaho sufficient to justify jurisdiction in the opinion of an Idaho district court.

(3) The parties seeking validation of a gestational agreement shall file a petition in an Idaho district court.

(a) The petition shall be filed after entry of the agreement but no later than seven (7) days after the birth of a child under the terms of the agreement.

(b) The gestational agreement shall be attached to the petition.

(4) The district court may hold a hearing to determine the validity of the agreement. The district court shall issue an order validating the agreement and declaring that the intended parent is or will be the parent of any child born under the terms of the agreement upon finding that:

(a) The gestational agreement satisfies the provisions of this chapter;

(b) The parties have voluntarily entered into the agreement and understand its terms;

(c) Adequate provision has been made for all reasonable health care expenses associated with the gestational agreement, including responsibility for those expenses if the agreement is terminated; and

(d) The consideration provided for in the agreement, if any, is reasonable.

History:

[7-1605, added 2023, ch. 228, sec. 1, p. 703.]
Idaho Code § 7-1049 — Idaho Code / Title 7 / Chapter 10 / Section 7-1049
7-1049 CONTEST OF REGISTRATION OR ENFORCEMENT.
Status: in_force

7-1049. Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(a) The issuing tribunal lacked personal jurisdiction over the contesting party;

(b) The order was obtained by fraud;

(c) The order has been vacated, suspended, or modified by a later order;

(d) The issuing tribunal has stayed the order pending appeal;

(e) There is a defense under the law of this state to the remedy sought;

(f) Full or partial payment has been made;

(g) The statute of limitation under section 7-1046, Idaho Code, precludes enforcement of some or all of the alleged arrearages; or

(h) The alleged controlling order is not the controlling order.

(2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(3) If the contesting party does not establish a defense under subsection (1) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

History:

[(7-1049) 7-1046, 7-1041, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 25, p. 569; am. and redesig. 2006, ch. 252, sec. 49, p. 785; am. 2015, 1st E.S., ch. 1, sec. 38, p. 23.]
Idaho Code § 7-1305 — Idaho Code / Title 7 / Chapter 13 / Section 7-1305
7-1305 ACTION IN NATURE OF PROCEEDINGS IN REM — JURISDICTION OF PARTIES.
Status: in_force

7-1305. Action in nature of proceedings in rem — Jurisdiction of parties. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this chapter.

History:

[7-1305, added 1988, ch. 219, sec. 1, p. 416.]
Idaho Code § 7-1055 — Idaho Code / Title 7 / Chapter 10 / Section 7-1055
7-1055 JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
Status: in_force

7-1055. Jurisdiction to modify support order of another state when individual parties reside in this state. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.

(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of sections 7-1001 through 7-1015 and sections 7-1043 through 7-1057, Idaho Code, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 7-1016 through 7-1042, Idaho Code, and sections 7-1072 and 7-1073, Idaho Code, do not apply.

History:

[(7-1055) 7-1052, added 1997, ch. 198, sec. 31, p. 571; am. and redesig. 2006, ch. 252, sec. 55, p. 788; am. 2015, 1st E.S., ch. 1, sec. 43, p. 25.]
Idaho Code § 7-1050 — Idaho Code / Title 7 / Chapter 10 / Section 7-1050
7-1050 CONFIRMED ORDER.
Status: in_force

7-1050. Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

History:

[(7-1050) 7-1047, 7-1042, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 26, p. 569; am. and redesig. 2006, ch. 252, sec. 50, p. 786; am. 2015, 1st E.S., ch. 1, sec. 39, p. 23.]
Idaho Code § 7-909 — Idaho Code / Title 7 / Chapter 9 / Section 7-909
7-909 CHANGE OF AWARD BY ARBITRATORS.
Status: in_force

7-909. Change of award by arbitrators. On application of a party or, if an application to the court is pending under sections 7-911, 7-912 or 7-913, Idaho Code, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (1) and (3) of subdivision (a) of section 7-913, Idaho Code, or for the purpose of clarifying the award. The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten (10) days from the notice. The award so modified or corrected is subject to the provisions of sections 7-911, 7-912 and 7-913, Idaho Code.

History:

[I.C., sec. 7-909, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1123 — Idaho Code / Title 7 / Chapter 11 / Section 7-1123
7-1123 CHANGE OF TRUSTEE.
Status: in_force

7-1123. Change of trustee. The court, on motion of the plaintiff or otherwise, may at any time for good cause shown substitute another trustee for the one designated and acting.

History:

[7-1123, added 1969, ch. 93, sec. 22, p. 318.]
Idaho Code § 7-1406 — Idaho Code / Title 7 / Chapter 14 / Section 7-1406
7-1406 NOTICE.
Status: in_force

7-1406. Notice. Upon commencement of a proceeding for suspension of a license under this chapter, the petitioner shall also serve the licensee notice:

(1) Of the licensee's right to a hearing;

(2) That the licensee has twenty-one (21) days after service to request a hearing;

(3) That the license will be suspended if there is no timely request for a hearing or the licensee fails without good cause to appear for a scheduled hearing; and

(4) That the license will not be suspended if the licensee pays the delinquency and the current support obligation in full; demonstrates compliance with a subpoena in a paternity or child support proceeding; demonstrates compliance with an order for visitation; pays the current support obligation in full and enters into a reasonable schedule for repayment of any child support delinquency; or establishes good cause why the license should not be suspended.

History:

[7-1406, added 1996, ch. 429, sec. 1, p. 1459; am. 1997, ch. 317, sec. 2, p. 939; am. 1998, ch. 250, sec. 4, p. 817.]
Idaho Code § 7-1107 — Idaho Code / Title 7 / Chapter 11 / Section 7-1107
7-1107 LIMITATION OF ACTION.
Status: in_force

7-1107. Limitation of action. (1) Except as provided in section 16-1504(10), Idaho Code, a proceeding to establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child but must be instituted before the child reaches the age of majority as defined in section 32-101, Idaho Code.

(2) This section shall apply retroactively and is for the benefit of any dependent child, whether conceived or born before or after the effective date of this act and regardless of the past or current marital status of the parents.

History:

[7-1107, added 1985, ch. 159, sec. 4, p. 422; am. 1986, ch. 221, sec. 1, p. 584; am. 2013, ch. 138, sec. 1, p. 323; am. 2019, ch. 295, sec. 3, p. 877; am. 2020, ch. 330, sec. 2, p. 955.]
Idaho Code § 7-1035A — Idaho Code / Title 7 / Chapter 10 / Section 7-1035A
7-1035A PROCEEDING TO DETERMINE PARENTAGE.
Status: in_force

7-1035A. proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this act or a law or procedure substantially similar to this act.

History:

[7-1035A, added 2015, 1st E.S., ch. 1, sec. 28, p. 20.]
Idaho Code § 7-712 — Idaho Code / Title 7 / Chapter 7 / Section 7-712
7-712 DAMAGES — DATE OF ACCRUAL.
Status: in_force

7-712. Damages — Date of accrual. For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, and its actual value, at that date, shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed, as provided in the last section. No improvements put upon the property subsequent to the date of the service of summons shall be included in the assessment of compensation or damages. The compensation and damages awarded shall draw lawful interest from the date of the summons.

History:

[(7-712) C.C.P. 1881, sec. 862; R.S., R.C., & C.L., sec. 5221; C.S., sec. 7415; I.C.A., sec. 13-712; am. 1957, ch. 127, sec. 1, p. 215.]
Idaho Code § 7-310 — Idaho Code / Title 7 / Chapter 3 / Section 7-310
7-310 CERTIFICATION OF VERDICT — ARGUMENT.
Status: in_force

7-310. Certification of verdict — Argument. If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five (5) days after the rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.

History:

[(7-310) C.C.P. 1881, sec. 746; R.S., R.C., & C.L., sec. 4985; C.S., sec. 7262; I.C.A., sec. 13-310.]
Idaho Code § 7-1025 — Idaho Code / Title 7 / Chapter 10 / Section 7-1025
7-1025 DUTIES OF STATE INFORMATION AGENCY.
Status: in_force

7-1025. Duties of state information agency. (1) The central registry in the bureau of child support of the department of health and welfare is the state information agency under this chapter.

(2) The state information agency shall:

(a) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(c) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(d) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

History:

[(7-1025) 7-1022, added 1994, ch. 207, sec. 2, p. 647; am. and redesig. 2006, ch. 252, sec. 25, p. 776; am. 2015, 1st E.S., ch. 1, sec. 20, p. 16.]
Idaho Code § 7-905 — Idaho Code / Title 7 / Chapter 9 / Section 7-905
7-905 HEARING.
Status: in_force

7-905. Hearing. Unless otherwise provided by the agreement:

(a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

(b) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.

History:

[I.C., sec. 7-905, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1052 — Idaho Code / Title 7 / Chapter 10 / Section 7-1052
7-1052 EFFECT OF REGISTRATION FOR MODIFICATION.
Status: in_force

7-1052. Effect of registration for modification. A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 7-1053 or 7-1055, Idaho Code, have been met.

History:

[(7-1052) 7-1049, 7-1044, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 28, p. 570; am. and redesig. 2006, ch. 252, sec. 52, p. 786; am. 2015, 1st E.S., ch. 1, sec. 41, p. 24.]
Idaho Code § 7-1125 — Idaho Code / Title 7 / Chapter 11 / Section 7-1125
7-1125 NO RIGHT TO JURY TRIAL.
Status: in_force

7-1125. No right to jury trial. There shall be no right to a jury trial in proceedings under this chapter.

History:

[7-1125, added 1996, ch. 49, sec. 4, p. 147.]
Idaho Code § 7-1030 — Idaho Code / Title 7 / Chapter 10 / Section 7-1030
7-1030 NONPARENTAGE AS DEFENSE.
Status: in_force

7-1030. Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

History:

[(7-1030) 7-1027, added 1994, ch. 207, sec. 2, p. 649; am. and redesig. 2006, ch. 252, sec. 30, p. 778.]
Idaho Code § 7-1026 — Idaho Code / Title 7 / Chapter 10 / Section 7-1026
7-1026 PLEADINGS AND ACCOMPANYING DOCUMENTS.
Status: in_force

7-1026. Pleadings and accompanying documents. (1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 7-1027, Idaho Code, the petition or accompanying documents must provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

History:

[(7-1026) 7-1023, added 1994, ch. 207, sec. 2, p. 648; am. and redesig. 2006, ch. 252, sec. 26, p. 777; am. 2015, 1st E.S., ch. 1, sec. 21, p. 17.]
Idaho Code § 7-718 — Idaho Code / Title 7 / Chapter 7 / Section 7-718
7-718 COSTS.
Status: in_force

7-718. Costs. Costs may be allowed or not, and, if allowed, may be apportioned between the parties on the same or adverse sides in the discretion of the court.

History:

[(7-718) C.C.P. 1881, sec. 868; R.S., R.C., & C.L., sec. 5227; C.S., sec. 7421; I.C.A., sec. 13-718.]
Idaho Code § 7-1040 — Idaho Code / Title 7 / Chapter 10 / Section 7-1040
7-1040 PENALTIES FOR NONCOMPLIANCE.
Status: in_force

7-1040. Penalties for noncompliance. An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

History:

[(7-1040) 7-1037, added 1997, ch. 198, sec. 16, p. 566; am. and redesig. 2006, ch. 252, sec. 40, p. 782; am. 2015, 1st E.S., ch. 1, sec. 30, p. 20.]
Idaho Code § 7-1502 — Idaho Code / Title 7 / Chapter 15 / Section 7-1502
7-1502 AUTHORIZATION.
Status: in_force

7-1502. Authorization. To reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes, the legislature hereby establishes a system to encourage civil litigants to resolve their disputes through alternative dispute resolution. The procedures to be utilized under this chapter, while based on the alternative dispute resolution processes of arbitration, mediation, and early neutral evaluation, are intended to be as informal as practicable to accomplish these concurrent objectives.

History:

[7-1502, added 2002, ch. 137, sec. 1, p. 380.]
Idaho Code § 7-1031 — Idaho Code / Title 7 / Chapter 10 / Section 7-1031
7-1031 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
Status: in_force

7-1031. Special rules of evidence and procedure. (1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(3) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(4) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(6) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(9) The defense of immunity based upon the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

History:

[(7-1031) 7-1028, added 1994, ch. 207, sec. 2, p. 649; am. and redesig. 2006, ch. 252, sec. 31, p. 778; am. 2015, 1st E.S., ch. 1, sec. 23, p. 18.]
Idaho Code § 7-1073 — Idaho Code / Title 7 / Chapter 10 / Section 7-1073
7-1073 CONDITIONS OF RENDITION.
Status: in_force

7-1073. Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

History:

[(7-1073) 7-1060, 7-1056, 7-1049, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 35, p. 572; am. and redesig. 2006, ch. 252, sec. 60, p. 790; am. and redesig. 2015, 1st E.S., ch. 1, sec. 61, p. 31.]
Idaho Code § 7-1017 — Idaho Code / Title 7 / Chapter 10 / Section 7-1017
7-1017 PROCEEDING BY MINOR PARENT.
Status: in_force

7-1017. Proceeding by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

History:

[(7-1017) 7-1014, added 1994, ch. 207, sec. 2, p. 645; am. and redesig. 2006, ch. 252, sec. 17, p. 773.]
Idaho Code § 7-314 — Idaho Code / Title 7 / Chapter 3 / Section 7-314
7-314 DISOBEDIENCE OF WRIT — PENALTY.
Status: in_force

7-314. Disobedience of writ — Penalty. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appear to the court that any member of such tribunal, corporation or board, or such person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.

History:

[(7-314) C.C.P. 1881, sec. 750; R.S., R.C., & C.L., sec. 4989; C.S., sec. 7266; I.C.A., sec. 13-314.]
Idaho Code § 7-1611 — Idaho Code / Title 7 / Chapter 16 / Section 7-1611
7-1611 FULL FAITH AND CREDIT.
Status: in_force

7-1611. full faith and credit. (1) An order of parentage issued by a court or administrative body of another state with jurisdiction to make the order shall be entitled to full faith and credit and shall be accepted by the courts of this state.

(2) To certify an order of parentage issued in another state, a person seeking to register the order shall:

(a) Provide, to the court or administrative body that issued the order, notice of intent to register the order in this state; and

(b) File as a foreign judgment certified copies of the order in a court of any appropriate county of this state.

History:

[7-1611, added 2023, ch. 228, sec. 1, p. 704.]
Idaho Code § 7-1005 — Idaho Code / Title 7 / Chapter 10 / Section 7-1005
7-1005 BASES FOR JURISDICTION OVER NONRESIDENT.
Status: in_force

7-1005. Bases for jurisdiction over nonresident. (1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(a) The individual is personally served with notice within this state;

(b) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(c) The individual resided with the child in this state;

(d) The individual resided in this state and provided prenatal expenses or support for the child;

(e) The child resides in this state as a result of the acts or directives of the individual;

(f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(g) The individual asserted parentage of a child in the registry maintained in this state by the vital statistics unit of the department of health and welfare provided in section 16-1513, Idaho Code; or

(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(2) The bases of personal jurisdiction set forth in subsection (1) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child-support order of another state unless the requirements of section 7-1053, Idaho Code, are met, or in the case of a foreign support order, unless the requirements of section 7-1057, Idaho Code, are met.

History:

[(7-1005) 7-1004, added 1994, ch. 207, sec. 2, p. 642; am. 1997, ch. 198, sec. 2, p. 559; am. and redesig. 2006, ch. 252, sec. 5, p. 767; am. 2015, 1st E.S., ch. 1, sec. 5, p. 10.]
Idaho Code § 7-1122 — Idaho Code / Title 7 / Chapter 11 / Section 7-1122
7-1122 PAYMENT TO MOTHER OR TRUSTEE — REPORT TO COURT.
Status: in_force

7-1122. Payment to mother or trustee — Report to court. (1) The court may require the payment to be made to the mother or to some person or corporation designated by the court as trustee. If the child is likely to become a public charge on a county or city, the public assistance official of that county or city shall be designated as trustee. If the mother does not reside within the county in which the court is located, the court shall direct payment to be made to a trustee.

(2) The trustee shall report to the court annually or more often, as the court may direct, the amounts received and paid over.

History:

[7-1122, added 1969, ch. 93, sec. 21, p. 318.]
Idaho Code § 7-802 — Idaho Code / Title 7 / Chapter 8 / Section 7-802
7-802 PETITION FOR CHANGE.
Status: in_force

7-802. Petition for change. (1) All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person, if the person is an adult or an emancipated minor; and if such person is under the age of eighteen (18) years and is not an emancipated minor, by one (1) of the parents or by a guardian. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and reason for such change of name.

(2) If the person whose name is proposed to be changed is under eighteen (18) years of age and is not an emancipated minor, the petition must also include the following:

(a) If the petition is signed by only one (1) parent, the petition must specify the name and the address, if known, of the other parent, if living.

(b) If the petition is signed by a guardian of the person, the petition must specify:

(i) The name and address, if known, of the parent or parents of the person, if living; or

(ii) If both parents are deceased or their addresses are unknown, the names and addresses of the grandparents of the person, if living.

(3) For purposes of this section, "emancipated minor" means any minor who has been married or is in active military service.

History:

[(7-802) C.C.P. 1881, sec. 872; R.S., R.C., & C.L., sec. 5246; C.S., sec. 7425; I.C.A., sec. 13-802; am. 1975, ch. 63, sec. 1, p. 129; am. 1984, ch. 67, sec. 1, p. 118; am. 2017, ch. 191, sec. 1, p. 439.]
Idaho Code § 7-706 — Idaho Code / Title 7 / Chapter 7 / Section 7-706
7-706 JURISDICTION IN DISTRICT COURT — COMMENCEMENT OF PROCEEDINGS.
Status: in_force

7-706. Jurisdiction in district court — Commencement of proceedings. All proceedings under this chapter must be brought in the district court for the county in which the property is situated. They must be commenced by filing a complaint and issuing a summons thereon.

History:

[(7-706) C.C.P. 1881, sec. 856; R.S., R.C., & C.L., sec. 5215; C.S., sec. 7409; I.C.A., sec. 13-706.]
Idaho Code § 7-1105 — Idaho Code / Title 7 / Chapter 11 / Section 7-1105
7-1105 PARENTS LIABLE FOR SUPPORT AND EDUCATION — DECEASED PARENT — LIABILITY OF ESTATE.
Status: in_force

7-1105. Parents liable for support and education — Deceased parent — Liability of estate. Each parent of a child conceived or born out of wedlock is liable for the necessary support and education of the child and for the child's funeral expenses. If a parent dies, an order of support or a judicially approved settlement made prior to that parent's death shall be enforceable as a claim against the deceased parent's estate in an amount to be determined by the probate court not greater than is provided in the order of settlement, having regard to the age of the child, the ability of the surviving parent to support and educate it, the amount of property left by the deceased parent, and the number, age and financial condition of those other persons legally entitled to support by the deceased parent during his or her lifetime.

History:

[7-1105, added 1969, ch. 93, sec. 4, p. 318; am. 2019, ch. 295, sec. 2, p. 876.]
Idaho Code § 7-1121 — Idaho Code / Title 7 / Chapter 11 / Section 7-1121
7-1121 ORDER FOR SUPPORT — CONTINUANCE BEYOND AGE OF 18 — OTHER PAYMENTS BY FATHER.
Status: in_force

7-1121. Order for support — Continuance beyond age of 18 — Other payments by father. (1) In a proceeding in which the court has made an order of filiation, the court may direct a father possessed of sufficient means or able to earn such means to pay monthly or at other fixed periods a fair and reasonable sum for the support and education of the child until the child is eighteen (18) years of age. If the child continues his high school education subsequent to reaching the age of eighteen (18) years, the court may, in its discretion, order the continuation of support payments until the child discontinues his high school education or reaches the age of nineteen (19) years, whichever is sooner.

(2) The order of filiation may direct the father to pay or reimburse amounts paid for the support of the child prior to the date of the order of filiation and may also direct him to pay or reimburse amounts paid for: (a) the funeral expenses if the child has died; (b) the necessary expenses incurred by or for the mother in connection with her confinement and recovery; and (c) such expenses in connection with the pregnancy of the mother as the court may deem proper.

(3) If the father is a minor at the time the order is entered, the order shall continue in effect as a valid order after the father reaches majority, and cannot be disaffirmed by the minor himself or personal representatives.

(4) Upon the receipt of a genetic test result with a probability of paternity of at least ninety-eight percent (98%) the court shall, upon motion by a party, order temporary support for the child pending a final order of paternity and support. The support shall be in accordance with the Idaho child support guidelines.

(5) All child support orders shall notify the obligor that the order will be enforced by income withholding pursuant to chapter 12, title 32, Idaho Code. Failure to include this provision does not affect the validity of the support order. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.

History:

[7-1121, added 1969, ch. 93, sec. 20, p. 318; am. 1986, ch. 222, sec. 6, p. 606; am. 1988, ch. 132, sec. 4, p. 236; am. 1990, ch. 361, sec. 2, p. 975; am. 1990, ch. 410, sec. 2, p. 1138; am. 1996, ch. 49, sec. 3, p. 146; am. 1997, ch. 197, sec. 1, p. 555; am. 1998, ch. 292, sec. 2, p. 930.]
Idaho Code § 7-711A — Idaho Code / Title 7 / Chapter 7 / Section 7-711A
7-711A ADVICE OF RIGHTS FORM — RIGHTS WHEN CONDEMNING AUTHORITY ACQUIRES PROPERTY.
Status: in_force

7-711A. Advice of rights form — Rights when condemning authority acquires property. Whenever a state or local unit of government or a public utility is beginning negotiations to acquire a parcel of real property in fee simple, the condemning authority shall provide the owner of the property a form containing a summary of the rights of an owner of property to be acquired under this chapter. If the condemning authority does not supply the owner of the real property with this form, there will be a presumption that any sale or contract entered into between the condemning authority and the owner was not voluntary and the condemning authority may be held responsible for such relief, if any, as the court may determine to be appropriate considering all of the facts and circumstances. The form shall contain substantially the following:

(1) The (name of entity allowed to use eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code) has the power under the constitution and the laws of the state of Idaho and the United States to take private property for public use. This power is generally referred to as the power of "eminent domain" or condemnation. The power can only be exercised when:

(a) The property is needed for a public use authorized by Idaho law;

(b) The taking of the property is necessary to such use;

(c) The taking must be located in the manner which will be most compatible with the greatest public good and the least private injury.

(2) The condemning authority must negotiate with the property owner in good faith to purchase the property sought to be taken and/or to settle with the owner for any other damages which might result to the remainder of the owner's property.

(3) The owner of private property to be acquired by the condemning authority is entitled to be paid for any diminution in the value of the owner's remaining property which is caused by the taking and the use of the property taken proposed by the condemning authority. This compensation, called "severance damages," is generally measured by comparing the value of the property before the taking and the value of the property after the taking. Damages are assessed according to Idaho Code.

(4) The value of the property to be taken is to be determined based upon the highest and best use of the property.

(5) If the negotiations to purchase the property and settle damages are unsuccessful, the property owner is entitled to assessment of damages from a court, jury or referee as provided by Idaho law.

(6) The owner has the right to consult with an appraiser of the owner's choosing at any time during the acquisition process at the owner's cost and expense.

(7) The condemning authority shall deliver to the owner, upon request, a copy of all appraisal reports concerning the owner's property prepared by the condemning authority. Once a complaint for condemnation is filed, the Idaho rules of civil procedure control the disclosure of appraisals.

(8) The owner has the right to consult with an attorney at any time during the acquisition process. In cases in which the condemning authority condemns property and the owner is able to establish that just compensation exceeds the last amount timely offered by the condemning authority by ten percent (10%) or more, the condemning authority may be required to pay the owner's reasonable costs and attorney's fees. The court will make the determination whether costs and fees will be awarded.

(9) The form contemplated by this section shall be deemed delivered by United States certified mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property or if hand delivered to such person who acknowledges receipt of the form in writing on the form. A second copy will be attached to the appraisal at the time it is delivered to the owner.

(10) If a condemning authority desires to acquire property pursuant to this chapter, the condemning authority or any of its agents or employees shall not give the owner any timing deadline as to when the owner must respond to the initial offer which is less than thirty (30) days. A violation of the provisions of this subsection shall render any action pursuant to this chapter null and void.

(11) Nothing in this section changes the assessment of damages set forth in section 7-711, Idaho Code.

History:

[7-711A, added 2000, ch. 354, sec. 1, p. 1188; am. 2014, ch. 268, sec. 1, p. 671.]
Idaho Code § 7-1112 — Idaho Code / Title 7 / Chapter 11 / Section 7-1112
7-1112 WARRANT FOR ARREST — WHEN ISSUED.
Status: in_force

7-1112. Warrant for arrest — When issued. The court may issue a warrant, directing the defendant be arrested and brought before the court, when a petition is presented to the court to commence the proceedings and it appears that:

(1) the summons cannot be served; or

(2) the defendant has failed to obey the summons; or

(3) the defendant is likely to leave the jurisdiction; or

(4) a summons, in the court's opinion, would be ineffectual; or

(5) the safety of the plaintiff is endangered; or

(6) a defendant on bail or on parole has failed to appear.

History:

[7-1112, added 1969, ch. 93, sec. 11, p. 318.]
Idaho Code § 7-1505 — Idaho Code / Title 7 / Chapter 15 / Section 7-1505
7-1505 QUALIFICATIONS, APPOINTMENT AND COMPENSATION OF EVALUATORS.
Status: in_force

7-1505. Qualifications, appointment and compensation of evaluators. (1) Any individual desiring to be on a list of private civil litigation evaluators under this chapter shall submit a request to the supreme court identifying each county in which the individual wishes to serve. The task of acting as an evaluator under this chapter shall be a service to the judiciary and the legal profession. The legislature encourages members of the bar to accept up to two (2) appointments under this chapter on a pro bono basis each year.

(2) To be listed as a private civil litigation evaluator, a person must currently be an active member of the Idaho state bar association and have had such membership for a minimum of seven (7) years or be a retired or senior judge. To the extent it deems them necessary, the supreme court may prescribe by rule additional qualifications for civil litigation evaluators in some or all cases with the purpose of providing the largest pool of individuals with the knowledge and experience to fairly determine claims under this chapter at minimal or no cost to litigants.

(3) Upon appointment in each case, the evaluator must sign an oath to fulfill the duties of the office, including the impartial, unbiased and timely discharge of those duties. He must also affirmatively state that he has no conflict of interest or, in the alternative, make a written disclosure of any conflict of interest to the parties, which they may waive by filing a written consent with the evaluator. Challenges to the service of an evaluator shall be made by motion to the trial court and shall be heard expeditiously. Evaluators may decline an appointment. The trial court may also release evaluators from an appointment for good cause. If an evaluator declines or is released from service, a new list shall be requested from the clerk for selection of an evaluator.

(4) Evaluators shall submit their rates of hourly compensation, if any, to the supreme court when submitting their request to be on the list of civil litigation evaluators. The clerk shall include the rate of hourly compensation, if any, for each evaluator in the list of names submitted to the parties. The parties shall each pay an equal portion of a private evaluator's fee if any is charged as well as an equal portion of any actual costs incurred by the private evaluator. Individuals who wish to serve as private civil litigation evaluators under this chapter other than on a pro bono basis shall agree to serve as an evaluator in exchange for a fee not to exceed one thousand dollars ($1,000) unless the parties agree otherwise. Provided however, sitting or senior judges appointed as evaluators by the supreme court or administrative judge as part of their judicial service shall not be compensated by the parties. Retired or senior judges selected by the parties from the roster of private civil litigation evaluators maintained by the supreme court through the administrative director of the courts shall be compensated by the parties in accordance with this subsection.

History:

[7-1505, added 2002, ch. 137, sec. 1, p. 383; am. 2003, ch. 29, sec. 3, p. 105.]
Idaho Code § 7-402 — Idaho Code / Title 7 / Chapter 4 / Section 7-402
7-402 WHEN AND HOW ISSUED.
Status: in_force

7-402. When and how issued. It may be issued by the supreme court or any district court to an inferior tribunal, or to a corporation, board or person in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit on the application of the person beneficially interested.

History:

[(7-402) C.C.P. 1881, sec. 752; R.S., R.C., & C.L., sec. 4995; C.S., sec. 7268; I.C.A., sec. 13-402; am. 1996, ch. 224, sec. 3, p. 736.]
Idaho Code § 7-1011 — Idaho Code / Title 7 / Chapter 10 / Section 7-1011
7-1011 DETERMINATION OF CONTROLLING CHILD-SUPPORT ORDER.
Status: in_force

7-1011. Determination of controlling child-support order. (1) If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized.

(2) If a proceeding is brought under this chapter, and two or more child-support orders have been issued by tribunals of this state, another state or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls;

(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:

(i) An order issued by a tribunal in the current home state of the child controls; or

(ii) If an order has not been issued in the current home state of the child, the order most recently issued controls;

(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child-support order, which controls.

(3) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to sections 7-1043 through 7-1058, Idaho Code, or may be filed as a separate proceeding.

(4) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(5) The tribunal that issued the controlling order under subsection (1), (2) or (3) of this section has continuing jurisdiction to the extent provided in section 7-1009 or 7-1010, Idaho Code.

(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a) or (2)(b) or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section, shall state in that order:

(a) The basis upon which the tribunal made its determination;

(b) The amount of prospective support, if any; and

(c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided in section 7-1013, Idaho Code.

(7) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.

History:

[(7-1011) 7-1010, added 1994, ch. 207, sec. 2, p. 644; am. 1997, ch. 198, sec. 5, p. 560; am. and redesig. 2006, ch. 252, sec. 11, p. 770; am. 2015, 1st E.S., ch. 1, sec. 9, p. 12.]
Idaho Code § 7-708 — Idaho Code / Title 7 / Chapter 7 / Section 7-708
7-708 SUMMONS.
Status: in_force

7-708. Summons. The clerk must issue a summons, which must contain the names of the parties, a general description of the whole property, a statement of the public use for which it is sought, and a reference to the complaint for descriptions of the respective parcels, and a notice to the defendants to appear and show cause why the property described should not be condemned as prayed for in the complaint. In all other particulars it must be in the form of a summons in civil actions, and must be served in like manner.

History:

[(7-708) C.C.P. 1881, sec. 858; R.S., R.C., & C.L., sec. 5217; C.S., sec. 7411; I.C.A., sec. 13-708.]
Idaho Code § 7-616 — Idaho Code / Title 7 / Chapter 6 / Section 7-616
7-616 JUDGMENT IS FINAL.
Status: in_force

7-616. Judgment is final. The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.

History:

[(7-616) C.C.P. 1881, sec. 843; R.S., R.C., & C.L., sec. 5168; C.S., sec. 7396; I.C.A., sec. 13-614; am. & redesig. 1998, ch. 112, sec. 3, p. 417.]
Idaho Code § 7-309 — Idaho Code / Title 7 / Chapter 3 / Section 7-309
7-309 MOTION FOR NEW TRIAL.
Status: in_force

7-309. Motion for new trial. The motion for a new trial must be made in the court in which the issue of fact is tried.

History:

[(7-309) C.C.P. 1881, sec. 745; R.S., R.C., & C.L., sec. 4984; C.S., sec. 7261; I.C.A., sec. 13-309.]
Idaho Code § 7-1610 — Idaho Code / Title 7 / Chapter 16 / Section 7-1610
7-1610 JURISDICTION.
Status: in_force

7-1610. jurisdiction. Subject to the jurisdictional standards of chapter 11, title 32, Idaho Code, the court that conducts a proceeding under this chapter shall have exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born under the terms of the agreement attains the age of one hundred eighty (180) days.

History:

[7-1610, added 2023, ch. 228, sec. 1, p. 704.]
Idaho Code § 7-922 — Idaho Code / Title 7 / Chapter 9 / Section 7-922
7-922 SHORT TITLE.
Status: in_force

7-922. Short title. This act may be cited as the "Uniform Arbitration Act."

History:

[I.C., sec. 7-922, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1106 — Idaho Code / Title 7 / Chapter 11 / Section 7-1106
7-1106 ACKNOWLEDGMENT OF PATERNITY.
Status: in_force

7-1106. Acknowledgment of paternity. (1) A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics unit of the department of health and welfare. If the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if it is accompanied by a voluntary acknowledgment of paternity signed and notarized by the mother and the alleged father. Any party executing an acknowledgment of paternity or affidavit of nonpaternity may file a notarized rescission of such with the vital statistics unit within the earlier of:

(a) Sixty (60) days after the acknowledgment is filed; or

(b) The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.

Such rescission shall be effective upon filing with the vital statistics unit. The vital statistics unit shall notify the other party or parties of the rescission by certified mail.

(2) After the period for rescission, an executed acknowledgment of paternity may be challenged only in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the party challenging the acknowledgment. The legal responsibilities, including the obligation to pay child support, of any party to the acknowledgment shall not be stayed except for good cause shown.

(3) The court may enter an order for the support of a child upon execution of a voluntary acknowledgment without further proceedings to establish paternity.

(4) The director shall prescribe forms for acknowledgment of paternity, affidavits of nonpaternity, and rescission thereof, and the board of health and welfare may promulgate such rules as are necessary to prescribe forms and establish fees to recover costs of maintaining such system.

History:

[7-1106, added 1969, ch. 93, sec. 5, p. 318; am. 1988, ch. 132, sec. 2, p. 235; am. 1994, ch. 237, sec. 1, p. 746; am. 1995, ch. 234, sec. 1, p. 791; am. 1996, ch. 49, sec. 1, p. 144; am. 1998, ch. 106, sec. 1, p. 363.]
Idaho Code § 7-1109 — Idaho Code / Title 7 / Chapter 11 / Section 7-1109
7-1109 VENUE — BIRTH OUT OF STATE NO BAR.
Status: in_force

7-1109. Venue — Birth out of state no bar. Proceedings to establish paternity may be originated in the county where the mother or child resides or is found or in the county where the putative father resides or is found. The fact that the child was born outside of the state of Idaho does not bar a proceeding to establish paternity in the county where the putative father resides or is found or in the county where the mother resides or the child is found.

History:

[7-1109, added 1969, ch. 93, sec. 8, p. 318.]
Idaho Code § 7-1056 — Idaho Code / Title 7 / Chapter 10 / Section 7-1056
7-1056 NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
Status: in_force

7-1056. Notice to issuing tribunal of modification. Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

History:

[(7-1056) 7-1053, added 1997, ch. 198, sec. 32, p. 572; am. and redesig. 2006, ch. 252, sec. 56, p. 788.]
Idaho Code § 7-1124 — Idaho Code / Title 7 / Chapter 11 / Section 7-1124
7-1124 FULL FAITH AND CREDIT.
Status: in_force

7-1124. Full faith and credit. A voluntary acknowledgment of paternity or a determination of paternity by a court or administrative body of any state must be accepted as determinative by the courts of this state and shall be entitled to full faith and credit.

History:

[7-1124, added 1994, ch. 237, sec. 3, p. 748.]
Idaho Code § 7-1407 — Idaho Code / Title 7 / Chapter 14 / Section 7-1407
7-1407 COMMENCEMENT OF ADMINISTRATIVE PROCEEDING BY THE DEPARTMENT.
Status: in_force

7-1407. Commencement of administrative proceeding by the department. The department shall commence an administrative proceeding to suspend a license by serving the licensee a notice that contains the information required for the petition and notice in sections 7-1405 and 7-1406, Idaho Code. Service of the notice may be by personal service or certified mail.

History:

[7-1407 added 1996, ch. 429, sec. 1, p. 1459.]
Idaho Code § 7-902 — Idaho Code / Title 7 / Chapter 9 / Section 7-902
7-902 PROCEEDINGS TO COMPEL OR STAY ARBITRATION.
Status: in_force

7-902. Proceedings to compel or stay arbitration. (a) On application of a party showing an agreement described in section 7-901, Idaho Code, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.

(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.

(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subdivision (a) of this section, the application shall be made therein. Otherwise and subject to section 7-918, Idaho Code, the application may be made in any court of competent jurisdiction.

(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.

History:

[I.C., sec. 7-902, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-602 — Idaho Code / Title 7 / Chapter 6 / Section 7-602
7-602 REENTRY OF DISPOSSESSED PERSON ON REAL PROPERTY — PROCEDURE UPON CONVICTION.
Status: in_force

7-602. Reentry of dispossessed person on real property — Procedure upon conviction. Every person dispossessed or ejected from or out of any real property by the judgment or process of any court of competent jurisdiction, and who, not having right so to do, reenters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt the court shall immediately issue an alias process directed to the proper officer, and requiring him to restore the party entitled to the possession of such property under the original judgment or process, to such possession.

History:

[(7-602) C.C.P. 1881, sec. 831; R.S., R.C., & C.L., sec. 5156; C.S., sec. 7384; I.C.A., sec. 13-602; am. 2012, ch. 20, sec. 2, p. 66.]
Idaho Code § 7-918 — Idaho Code / Title 7 / Chapter 9 / Section 7-918
7-918 VENUE.
Status: in_force

7-918. Venue. An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.

History:

[I.C., sec. 7-918, as added by 1975, ch. 117, sec. 2, p. 240.]
Idaho Code § 7-1004 — Idaho Code / Title 7 / Chapter 10 / Section 7-1004
7-1004 REMEDIES CUMULATIVE.
Status: in_force

7-1004. Remedies cumulative. (1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(2) This chapter does not:

(a) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.

History:

[(7-1004) 7-1003, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 4, p. 766; am. 2015, 1st E.S., ch. 1, sec. 3, p. 10.]