reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1069 - MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER.

7-1069. MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER. (1) A tribunal of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child-support order because the order is not recognized in this state, section 7-1066(3), Idaho Code, applies.
History:
[7-1069, added 2015, 1st E.S., ch. 1, sec. 57, p. 30.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1070 - PERSONAL INFORMATION — LIMIT ON USE.

7-1070. PERSONAL INFORMATION — LIMIT ON USE. Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.
History:
[7-1070, added 2015, 1st E.S., ch. 1, sec. 58, p. 30.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1071 - RECORD IN ORIGINAL LANGUAGE — ENGLISH TRANSLATION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1072 - GROUNDS FOR RENDITION.

7-1072. GROUNDS FOR RENDITION. (1) For purposes of sections 7-1072 and 7-1073, Idaho Code, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
History:
[(7-1072) 7-1059, 7-1055, 7-1048, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 34, p. 572; am. and redesig. 2006, ch. 252, sec. 59, p. 789; am. and redesig. 2015, 1st E.S., ch. 1, sec. 60, p. 31.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1073 - CONDITIONS OF RENDITION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1074 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

7-1074. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[(7-1074) 7-1061, 7-1057, 7-1050, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 36, p. 573; am. and redesig. 2006, ch. 252, sec. 61, p. 790; also new section 7-1057 added 2006, ch. 252, sec. 57, p. 789; am. and redesig. 2015, 1st E.S., ch. 1, sec. 62, p. 32.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1075 - TRANSITIONAL PROVISION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1076 - SEVERABILITY.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1102 - JURISDICTION OF DISTRICT COURT.

7-1102. JURISDICTION OF DISTRICT COURT. The district courts shall have exclusive original jurisdiction in proceedings to establish paternity and, in any such proceeding in which it makes a finding of paternity, to order support and determine custody, as set forth in this act.
History:
[7-1102, added 1969, ch. 93, sec. 1, p. 318.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1103 - DEFINITIONS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1104 - ORDER FIXES LEGAL RELATIONSHIPS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1105 - PARENTS LIABLE FOR SUPPORT AND EDUCATION — DECEASED PARENT — LIABILITY OF ESTATE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1106 - ACKNOWLEDGMENT OF PATERNITY.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1107 - LIMITATION OF ACTION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1108 - DEATH OF MOTHER — PROCEEDINGS CONTINUE.

7-1108. DEATH OF MOTHER — PROCEEDINGS CONTINUE. If, after the action is commenced, the mother dies or is judicially determined an incompetent, the proceeding does not abate but may be continued by her executor, administrator, guardian, or such other personal representative as may be appointed by any court of competent jurisdiction.
History:
[7-1108, added 1969, ch. 93, sec. 7, p. 318.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1109 - VENUE — BIRTH OUT OF STATE NO BAR.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1110 - PROCEEDINGS — BY WHOM BROUGHT.

7-1110. PROCEEDINGS — BY WHOM BROUGHT. Proceedings to establish the paternity of the child and to compel support under this act may be commenced by the mother, whether a minor or not, or by the child’s guardian or other person standing in a paternal relation or being the next of kin of the child, or by the department of health and welfare on behalf of a child for whom services are being provided under Title IV-D of the social security act.
History:
[7-1110, added 1969, ch. 93, sec. 9, p. 318; am. 1978, ch. 151, sec. 1, p. 333; am. 1995, ch. 234, sec. 2, p. 792.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1111 - COMMENCEMENT OF PROCEEDINGS.

7-1111. COMMENCEMENT OF PROCEEDINGS. (1) Proceedings are commenced by either the filing of a verified voluntary acknowledgment of parentage executed by both the mother and father of the child; or by the filing of a verified complaint, alleging that the person named as defendant is the father of the child and petitioning the court to issue a summons. The service of summons, the complaint, and all pleadings shall be in accordance with the Idaho rules of civil procedure.
(2) A voluntary acknowledgment of parentage may be executed by the mother, whether a minor or not, and the father, whether a minor or not, and regardless of the marital status of the mother or father. The acknowledgment shall be verified by both the mother and the father.
History:
[7-1111, added 1969, ch. 93, sec. 10, p. 318; am. 1988, ch. 132, sec. 3, p. 236.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1112 - WARRANT FOR ARREST — WHEN ISSUED.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1113 - BOND.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1114 - TRIAL BY COURT — TESTIMONY ON ACCESS — CORROBORATION REQUIRED.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1115 - TESTIMONY AND EVIDENCE RELATING TO PATERNITY.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1117 - EXPERT WITNESSES APPOINTED BY COURT — COMPENSATION — PAYMENT.

7-1117. EXPERT WITNESSES APPOINTED BY COURT — COMPENSATION — PAYMENT. The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.
History:
[7-1117, added 1969, ch. 93, sec. 16, p. 318.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1118 - EXPERT TESTIMONY — WHEN ACTION DISMISSED.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1119 - PRESUMPTION OF LEGITIMACY — WHEN REBUTTED.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1120 - ORDER OF FILIATION.

7-1120. ORDER OF FILIATION. If the court finds the defendant is the father of the child, it shall make an order of filiation, declaring paternity.
History:
[7-1120, added 1969, ch. 93, sec. 19, p. 318.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1121 - ORDER FOR SUPPORT — CONTINUANCE BEYOND AGE OF 18 — OTHER PAYMENTS BY FATHER.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1122 - PAYMENT TO MOTHER OR TRUSTEE — REPORT TO COURT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1123 - CHANGE OF TRUSTEE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1124 - FULL FAITH AND CREDIT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1125 - NO RIGHT TO JURY TRIAL.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 11 - PROCEEDINGS TO ESTABLISH PATERNITY › Section 7-1126 - CUSTODY OF CHILDREN — BEST INTEREST.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 12 - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 7-1201 - STATEMENT OF LEGISLATIVE FINDINGS.

7-1201. STATEMENT OF LEGISLATIVE FINDINGS. 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; that this causes a severe financial hardship upon custodial parents and constitutes a significant detriment to the rearing and support of minor children whom the orders intended to support. Further, P.L. 98-378 requires each state to implement statutorily prescribed procedures to improve the effectiveness of child support enforcement. Although the department of health and welfare does not have the authority to establish support orders administratively, the act as amended in 1988 enables the department to give full faith and credit to all legally enforceable support orders issued by other states. The collection remedies required by federal law are enacted in section 7-1203, Idaho Code.
History:
[7-1201, added 1985, ch. 159, sec. 1, p. 418; am. 1988, ch. 294, sec. 3, p. 935.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 12 - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 7-1202 - DEFINITIONS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 12 - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 7-1203 - AVAILABLE REMEDIES.

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.
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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 12 - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 7-1206 - DEPARTMENT LIEN FOR CHILD SUPPORT DELINQUENCY.

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.
History:
[7-1206, added 1998, ch. 207, sec. 4, p. 735.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1302 - LEGISLATIVE DECLARATION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1303 - DEFINITIONS.

7-1303. DEFINITIONS. Except where the context otherwise requires, the definitions in this section govern the construction of the judicial confirmation law. All other words should be given their ordinary and customary meaning.
(1) "Agreement" means any agreement or contract between a political subdivision and individuals, corporations, or any other political subdivision or public agency as authorized by section 67-2328, Idaho Code, relating to bonds or obligations of the political subdivision.
(2) "Bond" means any agreement, which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of any political subdivision or a fund thereof, where the political subdivision agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers.
(3) "Executive officer" means the de jure or de facto governor of this state, mayor, chairman, president or other titular head or chief official of the political subdivision proceeding under this chapter, but "executive officer" does not include a city manager, county manager or other chief administrator of a political subdivision who is not its elected head.
(4) "Governing body" means:
(a) The state commission or state board responsible for the exercise of a power by the state or responsible for an instrument, act or project of the state to which court proceedings authorized by this chapter and initiated by the state pertain; and
(b) The city council, board of commissioners, board of trustees, board of directors, board of regents or other legislative body of a political subdivision under this chapter.
Governing body does not include the legislature of the state of Idaho if the political subdivision is the state or any corporation, instrumentality or other agency thereof.
(5) "Obligation" means an agreement that evidences an indebtedness of any political subdivision, other than a bond, and includes, but is not limited to, conditional sales contracts, lease obligations, and promissory notes.
(6) "Political subdivision" means the state of Idaho, or any corporation, instrumentality or other agency thereof, or any incorporated city, or any county, school district, water and/or sewer district, drainage district, special purpose district or other corporate district constituting a political subdivision of this state, any quasi-municipal corporation, housing authority, urban renewal authority, other type of authority, any college or university, or any other body corporate and politic of the state of Idaho, but excluding the federal government.
(7) "Security instrument" means any contract, deed or other security or other document of any kind, proposed, or executed or otherwise made as security for bonds or obligations issued by a political subdivision.
History:
[7-1303, added 1988, ch. 219, sec. 1, p. 415.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1305 - ACTION IN NATURE OF PROCEEDINGS IN REM — JURISDICTION OF PARTIES.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1306 - NOTICE OF FILING OF PETITION — CONTENTS — SERVICE BY PUBLICATION AND POSTING.

7-1306. NOTICE OF FILING OF PETITION — CONTENTS — SERVICE BY PUBLICATION AND POSTING. (1) Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any instrument therein mentioned may be examined.
(2) The notice shall be served:
(a) By publication at least once a week for three (3) consecutive weeks by three (3) weekly insertions, in the official newspaper or papers of general circulation within the jurisdiction; the publication shall meet the following requirements: The notice shall be of a format and in such size and type that distinguishes it from legal notices. The notice shall be requested to run in the newspaper’s main news section, far forward, and the rate to be paid for advertising placed under this section shall be no more than the current rate card posted by the newspaper for similar forms of advertising in volume and frequency to that which is ordered, in order to meet the requirements of this section; provided, the rates and type requirements provided in section 60-105, Idaho Code, for public agency advertisements shall not apply to advertisements published under the requirements of this section; and
(b) By posting the same in a prominent place at or near the main door of the administrative office of the political subdivision at least thirty (30) days prior to the date fixed in the notice for the hearing on the petition.
(3) Jurisdiction shall be complete after such publication and posting.
History:
[7-1306, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 2, p. 399.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1307 - OWNER OF PROPERTY OR INTERESTED PARTY MAY MOVE TO DISMISS OR ANSWER — EFFECT OF FAILURE TO APPEAR.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1308 - HEARING — FINDINGS — JUDGMENT AND DECREE — COSTS — ENTITLEMENT TO RELIEF.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1309 - APPEAL OF JUDGMENT — TIME FOR APPLICATION.

7-1309. APPEAL OF JUDGMENT — TIME FOR APPLICATION. Appeal of the judgment of the court may be had as in other civil cases, except that such appeal must be filed within forty-two (42) days after the time of the rendition of such judgment.
History:
[7-1309, added 1988, ch. 219, sec. 1, p. 417; am. 1989, ch. 114, sec. 1, p. 259.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1310 - APPLICABILITY OF IDAHO RULES OF CIVIL PROCEDURE — EARLY HEARINGS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1311 - EFFECT OF CHAPTER.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1312 - SEVERABILITY.

7-1312. SEVERABILITY. If any provisions of this act or its application to any person, political subdivision, or circumstance is held invalid, the remainder of the act or the application of the provision to other persons, political subdivisions or circumstances is not affected.
History:
[7-1312, added 1988, ch. 219, sec. 1, p. 417.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 13 - JUDICIAL CONFIRMATION › Section 7-1313 - ATTORNEY FEES.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1401 - STATEMENT OF LEGISLATIVE INTENT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1402 - DEFINITIONS.

7-1402. DEFINITIONS. (1) "Child support order" means a legally enforceable obligation, issued by a court or administrative body, assessed against an individual for the support of a child, which shall include medical care, health insurance premiums for the child, child care expenses and any amount owing under an order for support during a period in which public assistance was expended.
(2) "Current support" means the amount owing for the present month pursuant to a child support order, excluding amounts ordered to satisfy a delinquency.
(3) "Delinquency" means, for purposes of this chapter, the amount of unpaid support that has accrued from the date a child support order is entered, excluding the present month, in an amount equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less.
(4) "Department" means the Idaho department of health and welfare.
(5) "License" means a license, certificate, permit or other authorization that:
(a) Is issued by a licensing authority pursuant to any provision of Idaho Code;
(b) Is subject to suspension, withdrawal, revocation, forfeiture, termination, or an action equivalent to any of these, by the issuing licensing authority; and
(c) A person must obtain to practice or engage in any business, occupation or profession, operate a motor vehicle, carry a concealed weapon, or engage in any recreational activity, including hunting or fishing, for which a license or permit is required; and
(d) Does not constitute a property interest.
(6) "Licensee" means any person who possesses a valid license in active status or who has a legal right or privilege to activate or receive a license.
(7) "Licensing authority" means a department, commission, board, office, agency or other unit of the state or political subdivision that issues a license.
(8) "Obligee" means any person, state agency or local child support registry entitled by order to receive child support payments.
(9) "Obligor" means any person obligated by order to pay child support.
(10) "Visitation" means custodial period, custodial schedule, residential schedule, parenting, or parenting time.
History:
[7-1402 added 1996, ch. 429, sec. 1, p. 1457; am. 1998, ch. 250, sec. 1, p. 815.]