reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1033 - ASSISTANCE WITH DISCOVERY.

7-1033. ASSISTANCE WITH DISCOVERY. A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
History:
[(7-1033) 7-1030, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 33, p. 779; am. 2015, 1st E.S., ch. 1, sec. 25, p. 19.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1034 - RECEIPT AND DISBURSEMENT OF PAYMENTS.

7-1034. RECEIPT AND DISBURSEMENT OF PAYMENTS. (1) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(b) Issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(3) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (2) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
History:
[(7-1034) 7-1031, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 34, p. 779; am. 2015, 1st E.S., ch. 1, sec. 26, p. 19.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1035 - ESTABLISHMENT OF SUPPORT ORDER.

7-1035. ESTABLISHMENT OF SUPPORT ORDER. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(a) The individual seeking the order resides outside this state; or
(b) The support enforcement agency seeking the order is located outside this state.
(2) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(a) A presumed father of the child;
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic testing;
(d) An alleged father who has declined to submit to genetic testing;
(e) Shown by clear and convincing evidence to be the father of the child;
(f) An acknowledged father as provided by section 7-1106, Idaho Code;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7-1020, Idaho Code.
History:
[(7-1035) 7-1032, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 35, p. 780; am. 2015, 1st E.S., ch. 1, sec. 27, p. 19.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1035A - PROCEEDING TO DETERMINE PARENTAGE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1036 - EMPLOYER’S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1037 - EMPLOYER’S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1038 - EMPLOYER’S COMPLIANCE WITH TWO OR MORE INCOME-WITHHOLDING ORDERS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1039 - IMMUNITY FROM CIVIL LIABILITY.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1040 - PENALTIES FOR NONCOMPLIANCE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1041 - CONTEST BY OBLIGOR.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1042 - ADMINISTRATIVE ENFORCEMENT OF ORDERS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1043 - REGISTRATION OF ORDER FOR ENFORCEMENT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1044 - PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.

7-1044. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (1) Except as otherwise provided in section 7-1064, Idaho Code, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the district court in this state:
(a) A letter of transmittal to the tribunal requesting registration and enforcement;
(b) Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor’s address and social security number;
(ii) The name and address of the obligor’s employer and any other source of income of the obligor; and
(iii) A description and the location of property of the obligor in this state not exempt from execution; and
(e) Except as otherwise provided in section 7-1027, Idaho Code, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(4) If two or more orders are in effect, the person requesting registration shall:
(a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(b) Specify the order alleged to be the controlling order, if any; and
(c) Specify the amount of consolidated arrears, if any.
(5) A request for determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
History:
[(7-1044) 7-1041, 7-1036, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 20, p. 567; am. and redesig. 2006, ch. 252, sec. 44, p. 783; am. 2015, 1st E.S., ch. 1, sec. 33, p. 20.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1045 - EFFECT OF REGISTRATION FOR ENFORCEMENT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1046 - CHOICE OF LAW.

7-1046. CHOICE OF LAW. (1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs:
(a) The nature, extent, amount, and duration of current payments under a registered support order;
(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(c) The existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History:
[(7-1046) 7-1043, 7-1038, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 22, p. 568; am. and redesig. 2006, ch. 252, sec. 46, p. 784; am. 2015, 1st E.S., ch. 1, sec. 35, p. 21.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1047 - NOTICE OF REGISTRATION OF ORDER.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1048 - PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1049 - CONTEST OF REGISTRATION OR ENFORCEMENT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1050 - CONFIRMED ORDER.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1051 - PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.

7-1051. PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION. A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in sections 7-1043 through 7-1050, Idaho Code, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
History:
[(7-1051) 7-1048, 7-1043, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 27, p. 570; am. and redesig. 2006, ch. 252, sec. 51, p. 786; am. 2015, 1st E.S., ch. 1, sec. 40, p. 23.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1052 - EFFECT OF REGISTRATION FOR MODIFICATION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1053 - MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1054 - RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1055 - JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1056 - NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1057 - JURISDICTION TO MODIFY CHILD-SUPPORT ORDER OF FOREIGN COUNTRY.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1058 - PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.

7-1058. PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this state under sections 7-1043 through 7-1050, Idaho Code, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
History:
[7-1058, added 2015, 1st E.S., ch. 1, sec. 46, p. 25.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1059 - DEFINITIONS.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1060 - APPLICABILITY.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1061 - RELATIONSHIP OF DEPARTMENT OF HEALTH AND WELFARE TO UNITED STATES CENTRAL AUTHORITY.

7-1061. RELATIONSHIP OF DEPARTMENT OF HEALTH AND WELFARE TO UNITED STATES CENTRAL AUTHORITY. The Idaho department of health and welfare is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
History:
[7-1061, added 2015, 1st E.S., ch. 1, sec. 49, p. 26.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1062 - INITIATION BY DEPARTMENT OF HEALTH AND WELFARE OF SUPPORT PROCEEDING UNDER CONVENTION.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1063 - DIRECT REQUEST.

7-1063. DIRECT REQUEST. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 7-1064 through 7-1071, Idaho Code, apply.
(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(a) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4) A petitioner filing a direct request is not entitled to assistance from the department of health and welfare.
(5) Sections 7-1059 through 7-1071, Idaho Code, do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
History:
[7-1063, added 2015, 1st E.S., ch. 1, sec. 51, p. 27.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1064 - REGISTRATION OF CONVENTION SUPPORT ORDER.

7-1064. REGISTRATION OF CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in sections 7-1043 through 7-1058, Idaho Code.
(2) Notwithstanding sections 7-1026 and 7-1044(1), Idaho Code, a request for registration of a convention support order must be accompanied by:
(a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague conference on private international law;
(b) A record stating that the support order is enforceable in the issuing country;
(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(d) A record showing the amount of arrears, if any, and the date the amount was calculated;
(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 7-1065, Idaho Code, only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
History:
[7-1064, added 2015, 1st E.S., ch. 1, sec. 52, p. 27.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1065 - CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.

7-1065. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, sections 7-1047 through 7-1050, Idaho Code, apply to a contest of a registered convention support order.
(2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered convention support order may be based only on grounds set forth in section 7-1066, Idaho Code. The contesting party bears the burden of proof.
(5) In a contest of a registered convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History:
[7-1065, added 2015, 1st E.S., ch. 1, sec. 53, p. 28.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1066 - RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1067 - PARTIAL ENFORCEMENT.

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.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT › Section 7-1068 - FOREIGN SUPPORT AGREEMENT.

7-1068. FOREIGN SUPPORT AGREEMENT. (1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(d) The record submitted under subsection (2) of this section lacks authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
History:
[7-1068, added 2015, 1st E.S., ch. 1, sec. 56, p. 30.]