reglab/housing_qa huggingface dataset:
ID Code § 32-1007 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1007 - RIGHTS OF PARENTS OVER CHILDREN.

32-1007. RIGHTS OF PARENTS OVER CHILDREN. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, the other is entitled to the child’s custody, services and earnings.  History: [(32-1007) R.C., sec. 2699a, as added by 1915, ch. 120, sec. 1, p. 265; compiled and reen. C.L., sec. 2699a; C.S., sec. 4681; I.C.A., sec. 31-1007.]
ID Code § 32-1009 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1009 - PATERNITY FRAUD — CHILD SUPPORT RESTITUTION.

32-1009. PATERNITY FRAUD — CHILD SUPPORT RESTITUTION. Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order, and that the obligee knowingly and intentionally misrepresented the paternity of the child to the obligor. The obligor shall file the motion to vacate the order within two (2) years of discovery of evidence that he is not the biological father of the child. If the order is vacated, the obligor may bring an action in court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order.  History: [32-1009, added 2004, ch. 274, sec. 1, p. 764.]
ID Code § 32-1010 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1010 - IDAHO PARENTAL RIGHTS ACT.

32-1010. IDAHO PARENTAL RIGHTS ACT. (1) This section through section 32-1014, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act." (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition. They are also among the unalienable rights retained by the people under the ninth amendment to the constitution of the United States. (3) The interests of the parents include the high duty and right to nurture and direct their children’s destiny, including their upbringing and education. (4) The state of Idaho has independent authority to protect its parents’ fundamental right to nurture and direct their children’s destiny, upbringing and education. (5) The protections and rights recognized in sections 32-1011 through 32-1014, Idaho Code, are rooted in the due process of law guaranteed pursuant to section 13, article I, of the constitution of the state of Idaho. (6) Governmental efforts that restrict or interfere with these fundamental rights are only permitted if that restriction or interference satisfies the strict scrutiny standard provided in section 32-1013, Idaho Code. (7) Nothing in this act shall be construed as altering the established presumption in favor of the constitutionality of statutes and regulations. (8) The provisions of the Idaho parental rights act are hereby declared to be severable, and if any provision of the act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the act.  History: [32-1010, added 2015, ch. 219, sec. 1, p. 681; am. 2021, ch. 286, sec. 1, p. 860.]
ID Code § 32-1011 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1011 - PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN.

32-1011. PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control.  History: [32-1011, added 2015, ch. 219, sec. 2, p. 681.]
ID Code § 32-1012 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1012 - PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN.

32-1012. PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right and duty to make decisions concerning their education, including the right to cause the child to be educated in any manner authorized under section 33-202, Idaho Code, and section 9, article IX, of the constitution of the state of Idaho.  History: [32-1012, added 2015, ch. 219, sec. 3, p. 681.]
ID Code § 32-1013 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1013 - INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED.

32-1013. INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED. (1) Neither the state of Idaho, nor any political subdivision thereof, may violate a parent’s fundamental and established rights protected by this act, and any restriction of or interference with such rights shall not be upheld unless it demonstrates by clear and convincing evidence that the restriction or interference is both: (a) Essential to further a compelling governmental interest; and (b) The least restrictive means available for the furthering of that compelling governmental interest. (2) The foregoing principles apply to any interference whether now existing or hereafter enacted. (3) Nothing in this act shall be construed as invalidating the provisions of the child protective act in chapter 16, title 16, Idaho Code, or modify the burden of proof at any stage of proceedings under the child protective act. (4) When a parent’s fundamental rights protected by this act are violated, a parent may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the governmental entity. (5) If a parent prevails in a civil action against the state, or a political subdivision thereof, as provided in subsection (4) of this section, the parent is entitled to reasonable attorney’s fees and costs.  History: [32-1013, added 2015, ch. 219, sec. 4, p. 681.]
ID Code § 32-1014 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 10 - PARENT AND CHILD|Section 32-1014 - EMERGENCY ORDER NOT JUSTIFICATION TO INTERFERE WITH PARENTAL RIGHTS.

32-1014. EMERGENCY ORDER NOT JUSTIFICATION TO INTERFERE WITH PARENTAL RIGHTS. At no time shall the existence of any order, proclamation, or declaration issued pursuant to chapter 6 or 10, title 46, Idaho Code, be considered essential to further a compelling governmental interest to justify: (1) Forced medical action on a child;  (2) Forced removal of a child from the home; or  (3) The violation of or interference with a parent’s fundamental and established rights protected by the Idaho parental rights act.  History: [32-1014, added 2021, ch. 286, sec. 2, p. 861.]
ID Code § 32-1201 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1201 - STATEMENT OF LEGISLATIVE INTENT.

32-1201. STATEMENT OF LEGISLATIVE INTENT. The legislature of the state of Idaho finds that a significant number of people who are owed child support are not paid in accordance with the terms of their child support orders; and that income withholding is an effective remedy to insure compliance with child support orders. The following legislation is enacted to ensure that all child support orders will include in them the authority necessary to permit wage withholding. The legislation also includes provisions for the establishment of a support order to insure that all dependent children are adequately supported, regardless of the past or current marital status of the parents. This chapter shall be liberally construed to assure that all dependent children are adequately supported.  History: [32-1201, added 1986, ch. 222, sec. 1, p. 594.]
ID Code § 32-1203 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1203 - REMEDIES IN ADDITION TO OTHER REMEDIES.

32-1203. REMEDIES IN ADDITION TO OTHER REMEDIES. (1) The remedies provided in this chapter are in addition to, and not in substitution for, any other remedies provided by law. (2) The provisions of this chapter apply to any dependent child, whether born before or after the effective date of this act, and regardless of the past or current marital status of the parents.  History: [32-1203, added 1986, ch. 222, sec. 1, p. 595.]
ID Code § 32-1204 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1204 - NOTICE OF IMMEDIATE INCOME WITHHOLDING.

32-1204. NOTICE OF IMMEDIATE INCOME WITHHOLDING. (1) The court shall order income withholding in all support orders effective the date of the order unless an exception is granted by the court pursuant to subsection (2) of this section. All support orders shall notify the obligor that income withholding shall be enforced by a withholding order issued to the obligor’s employer, without additional notice to the obligor. (2) Immediate income withholding shall not be ordered if: (a) One (1) of the parties demonstrates and the court makes a specific written finding that there is good cause not to require immediate income withholding. A finding of good cause by the court must be based on, at a minimum: (i) A written determination and explanation of why implementing immediate withholding would not be in the best interests of the child; and (ii) Proof of timely payment of previously ordered support in cases involving the modification of support orders; or (b) A written agreement is reached between the obligor and obligee and the department in cases where the department is providing child support services, which provides for an alternative arrangement, and such agreement is determined by the court to be in the best interests of the child. (3) Failure to provide for income withholding does not affect the validity of the support order.  History: [(32-1204), added 1986, ch. 222, sec. 1, p. 596; am. 1990, ch. 361, sec. 1, p. 974; am. 1993, ch. 335, sec. 2, p. 1246; am. 1993, ch. 335, sec. 9, p. 1256; am. and redesig. 1998, ch. 292, sec. 8, p. 937.]
ID Code § 32-1205 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1205 - INCOME WITHHOLDING UPON A DELINQUENCY.

32-1205. INCOME WITHHOLDING UPON A DELINQUENCY. If a support order does not include immediate income withholding, the obligor is subject to income withholding upon a delinquency at least equal to the child support payment for one (1) month, without the need for a judicial or administrative hearing.  History: [32-1205, added 1998, ch. 292, sec. 9, p. 939.]
ID Code § 32-1206 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1206 - JUDICIAL PROCEEDINGS FOR INCOME WITHHOLDING.

32-1206. JUDICIAL PROCEEDINGS FOR INCOME WITHHOLDING. (1) A proceeding to enforce a duty of support is commenced: (a) By filing a petition or complaint for an original action; or (b) By motion in an existing action or under an existing case number. (2) Venue for the action is in the district court of the county where the dependent child resides or is present, where the obligor resides, or where the prior support order was entered. The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the dependent child. (3) A filing fee shall not be assessed in cases brought on behalf of the state of Idaho. (4) A petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the income withholding order, pursuant to section 32-1204 or 32-1205, Idaho Code, and: (a) The name, address, and social security number of the obligor; (b) A copy of the support order; (c) The name and address of the obligor’s employer; (d) The amount of any delinquency; and (e) In cases not filed by the state, whether the obligee has received public assistance from any source on behalf of the minor child, and, if so, from which source(s). (5) Upon receipt of a petition or motion, the court shall issue an income withholding order pursuant to section 32-1204 or 32-1205, Idaho Code, to the employer utilizing the required income withholding for support form and shall provide a form for an answer to the income withholding order which shall be returned to the court within ten (10) days. The court shall also order the employer to remit the amount withheld to the department of health and welfare within seven (7) business days after the date the amount would have been paid or credited to the obligor. The department shall supply each county with the required income withholding for support form and answers that comply with the rules promulgated by the department, and which include: (a) The maximum amount of current support, if any, to be withheld from the obligor’s earnings each month, or from each earnings disbursement;  (b) The total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any; and (c) The amount of arrearage payments specified in the support order, if any. (6) If the petition or motion indicates the obligee has received public assistance from any source on behalf of a minor child, the clerk shall immediately forward a copy of the petition or the motion to the department. (7) The court retains continuing jurisdiction under this chapter until all duties of support of the obligor, including any delinquency, have been satisfied or until the order is otherwise unenforceable.  History: [32-1206, added 1986, ch. 222, sec. 1, p. 596; am. 1993, ch. 335, sec. 3, p. 1247; am. 1993, ch. 335, sec. 10, p. 1258; am. 1998, ch. 292, sec. 10, p. 939; am. 2013, ch. 248, sec. 1, p. 598.]
ID Code § 32-1207 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1207 - ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING.

32-1207. ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING. Upon application by any obligee or obligor, the department may order income withholding pursuant to this chapter for payment of current support, any delinquency, and costs or fees pursuant to a support order as follows: (1) If the support order provides for immediate income withholding pursuant to section 32-1204, Idaho Code, the department shall commence income withholding. (2) If the support order does not provide for immediate income withholding, the department shall commence income withholding upon a delinquency, and shall also notify the obligor: (a) Of the amount of the delinquency owed and the amount of income withheld; (b) That the provision applies to all subsequent employers; (c) Of the right to request an administrative review; and (d) That the review is limited to mistakes of fact, which means an error in the amount of current support or delinquency, or the identity of the alleged obligor, and that no issues may be considered that have been litigated previously. If the obligor requests an administrative review within fourteen (14) days from the day the notice was mailed, the collection of arrears by income withholding shall be stayed. The department shall review the income withholding order within thirty-five (35) days, issue a decision and amend or void the income withholding order, if necessary. Any amounts which are found to have been withheld in error due to a mistake of fact will be returned to the obligor or credited towards the obligor’s future payments.  History: [32-1207, added 1998, ch. 292, sec. 11, p. 941.]
ID Code § 32-1208 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1208 - SERVICE OF INCOME WITHHOLDING ORDER IN A JUDICIAL PROCEEDING.

32-1208. SERVICE OF INCOME WITHHOLDING ORDER IN A JUDICIAL PROCEEDING. (1) The following items and documents shall be served on the employer personally or by any form of mail requiring a return receipt: (a) Two (2) conformed copies of the income withholding order, one (1) of which is for the employer, and one (1) for the obligor; (b) Four (4) answer forms in substantial compliance with section 32-1210, Idaho Code; (c) Three (3) stamped envelopes provided by the obligee and addressed to, respectively, the person or entity designated in the income withholding order, the obligee’s attorney or the obligee, and the obligor. (2) On or before the date of service of the income withholding order on the employer, the obligee shall mail or cause to be mailed by certified mail a copy of the income withholding order to the obligor at the obligor’s last known post-office address.  History: [(32-1208), added 1986, ch. 222, sec. 1, p. 601; am. & redesig. 1998, ch. 292, sec. 12, p. 941.]
ID Code § 32-1209 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1209 - SERVICE OF INCOME WITHHOLDING ORDER IN AN ADMINISTRATIVE PROCEEDING.

32-1209. SERVICE OF INCOME WITHHOLDING ORDER IN AN ADMINISTRATIVE PROCEEDING. (1) The department shall send the income withholding order to the employer by certified mail. (2) At the same time the withholding order is mailed to the employer, the department shall mail a copy of the income withholding order to the obligor at the obligor’s last known post-office address.  History: [32-1209, added 1998, ch. 292, sec. 13, p. 941.]
ID Code § 32-1211 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1211 - PENALTIES FOR EMPLOYERS.

32-1211. PENALTIES FOR EMPLOYERS. (1) An employer may not discharge, discipline, or refuse to employ an obligor on the basis of an income withholding order issued under this chapter. If an employer discharges, disciplines, or refuses to employ an obligor because of an income withholding obligation, the obligor shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and other damages suffered as a result of the violation and for costs and reasonable attorney’s fees, and may be subject to a civil penalty of up to three hundred dollars ($300) for each violation. In addition, the employer may also be ordered to hire, rehire, or reinstate the aggrieved obligor. (2) An employer who knowingly fails to retain and remit to the department an amount pursuant to the income withholding order shall be liable to the department for the amount to be retained specified in the income withholding order and may be subject to a fine of up to one hundred dollars ($100), which is a debt due and owing to the department unless: (a) The employer notifies the department that the obligor is not in his employ and the department verifies the obligor’s nonemployment and withdraws its income withholding order; or (b) The obligor’s income is not sufficient and therefore the restrictions in section 11-207, Idaho Code, apply and a lesser amount must be withheld. (3) No employer who complies with an income withholding order that is regular on its face shall be subject to civil liability to any individual or agency for conduct in compliance with the income withholding order.  History: [32-1211, added 1998, ch. 292, sec. 15, p. 944.]
ID Code § 32-1212 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1212 - IDENTIFYING INFORMATION — FILING WITH TRIBUNAL AND CHILD SUPPORT SERVICES.

32-1212. IDENTIFYING INFORMATION — FILING WITH TRIBUNAL AND CHILD SUPPORT SERVICES. Obligors and obligees shall file with the court or the department, if the department is providing child support services, identifying information including social security number, residential and mailing address, telephone number, driver’s license number, and name, address, and telephone number of their employer. Obligors and obligees shall provide written notification of any changes within thirty (30) days after such change.  History: [32-1212, added 1998, ch. 292, sec. 16, p. 944.]
ID Code § 32-1213 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1213 - ORDER FOR PAYMENT OF MEDICAL EXPENSES.

32-1213. ORDER FOR PAYMENT OF MEDICAL EXPENSES. (1) A proceeding to enforce a support order directing the payment of medical expenses of a dependent child may be commenced as provided in section 32-1206, Idaho Code. (2) The petition or motion may be filed by an obligee when medical expenses not otherwise covered by insurance have been incurred in the amount of one hundred dollars ($100) or more, or when insurance premiums, deductibles, or payments on submitted claims for which payment or reimbursement is claimed to be due from the obligor equal or exceed one hundred dollars ($100). The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the order, including: (a) An itemization of the medical expenses, including a specific reference to any insurance premiums, deductibles, or payments on submitted claims for which payment or reimbursement is sought from the obligor; (b) Whether such expenses have been submitted to any applicable insurance carrier or other third party payer and the results of such submission; (c) That the obligor, stating his or her name, residence and social security number has failed or refused to pay the medical expenses or to reimburse the obligee therefor; (d) A description of the terms of the support order requiring payment of the medical expenses claimed to be due. (3) Upon the filing of a petition or motion and affidavit containing the information required in subsection (2) of this section, the clerk of the court shall set a hearing thereon. The obligee shall serve a copy of the petition or motion, accompanying affidavit and notice of hearing on the obligor at least ten (10) days before the date set for hearing, by personal service or certified mail, pursuant to the Idaho rules of civil procedure. (4) After hearing, the court shall enter its order directing payment of the specific sums, if any, for which the obligor is found to be liable for previously incurred medical expenses. In addition, if the court determines that some or all of the medical expenses of the dependent child are of an ongoing or recurring nature and the anticipated amounts thereof are capable of determination to the satisfaction of the court, the court may order payment to the obligee of a specific sum per month toward such expenses. (5) For purposes of this section "medical expenses" means any and all costs and expenses related to the health care of a dependent child, including insurance premiums and any deductible amounts, all or a portion of which are ordered to be paid by the obligor in addition to any amount awarded as child support, pursuant to a support order.  History: [(32-1213), added 1992, ch. 265, sec. 1, p. 820; am. & redesig. 1998, ch. 292, sec. 17, p. 945.]
ID Code § 32-1214A (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT|Section 32-1214A - PURPOSE.

32-1214A. PURPOSE. The state of Idaho has an interest in ensuring that its children receive health insurance benefits through private means when available at reasonable cost as defined in section 32-1214B, Idaho Code. Therefore, the legislature hereby adopts the national medical support notice required by 42 U.S.C. section 666(a)(19) and the employee retirement income security act, 29 U.S.C. section 1169(a), to allow the department of health and welfare or an obligee to enforce an order for medical support.  History: [32-1214A, added 2003, ch. 304, sec. 2, p. 834; am. 2008, ch. 328, sec. 2, p. 900.]