reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-316 - ROLE OF LAW ENFORCEMENT.

32-11-316. ROLE OF LAW ENFORCEMENT. At the request of the county prosecuting attorney acting under section 32-11-315, Idaho Code, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the county prosecuting attorney with responsibilities under section 32-11-315, Idaho Code.
History:
[32-11-316, added 2000, ch. 227, sec. 2, p. 639.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 3 - ENFORCEMENT › Section 32-11-317 - COSTS AND EXPENSES.

32-11-317. COSTS AND EXPENSES. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the county prosecuting attorney and law enforcement officers under section 32-11-315 or 32-11-316, Idaho Code.
History:
[32-11-317, added 2000, ch. 227, sec. 2, p. 639.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 4 - MISCELLANEOUS PROVISIONS › Section 32-11-401 - APPLICATION AND CONSTRUCTION.

32-11-401. APPLICATION AND CONSTRUCTION. In applying and construing this chapter, otherwise known as the uniform child custody jurisdiction and enforcement 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:
[32-11-401, added 2000, ch. 227, sec. 2, p. 639.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 4 - MISCELLANEOUS PROVISIONS › Section 32-11-402 - SEVERABILITY CLAUSE.

32-11-402. SEVERABILITY CLAUSE. 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:
[32-11-402, added 2000, ch. 227, sec. 2, p. 639.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 11 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Part 4 - MISCELLANEOUS PROVISIONS › Section 32-11-405 - TRANSITIONAL PROVISION.

32-11-405. TRANSITIONAL PROVISION. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this chapter as the uniform child custody jurisdiction and enforcement act is governed by the law in effect at the time the motion or other request was made.
History:
[32-11-405, added 2000, ch. 227, sec. 2, p. 639.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1201 - STATEMENT OF LEGISLATIVE INTENT.

32-1201. STATEMENT OF LEGISLATIVE INTENT. The legislature of the state of Idaho finds that a significant number of people who are owed child support are not paid in accordance with the terms of their child support orders; and that income withholding is an effective remedy to insure compliance with child support orders. The following legislation is enacted to ensure that all child support orders will include in them the authority necessary to permit wage withholding. The legislation also includes provisions for the establishment of a support order to insure that all dependent children are adequately supported, regardless of the past or current marital status of the parents. This chapter shall be liberally construed to assure that all dependent children are adequately supported.
History:
[32-1201, added 1986, ch. 222, sec. 1, p. 594.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1203 - REMEDIES IN ADDITION TO OTHER REMEDIES.

32-1203. REMEDIES IN ADDITION TO OTHER REMEDIES. (1) The remedies provided in this chapter are in addition to, and not in substitution for, any other remedies provided by law.
(2) The provisions of this chapter apply to any dependent child, whether born before or after the effective date of this act, and regardless of the past or current marital status of the parents.
History:
[32-1203, added 1986, ch. 222, sec. 1, p. 595.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1204 - NOTICE OF IMMEDIATE INCOME WITHHOLDING.

32-1204. NOTICE OF IMMEDIATE INCOME WITHHOLDING. (1) The court shall order income withholding in all support orders effective the date of the order unless an exception is granted by the court pursuant to subsection (2) of this section. All support orders shall notify the obligor that income withholding shall be enforced by a withholding order issued to the obligor’s employer, without additional notice to the obligor.
(2) Immediate income withholding shall not be ordered if:
(a) One (1) of the parties demonstrates and the court makes a specific written finding that there is good cause not to require immediate income withholding. A finding of good cause by the court must be based on, at a minimum:
(i) A written determination and explanation of why implementing immediate withholding would not be in the best interests of the child; and
(ii) Proof of timely payment of previously ordered support in cases involving the modification of support orders; or
(b) A written agreement is reached between the obligor and obligee and the department in cases where the department is providing child support services, which provides for an alternative arrangement, and such agreement is determined by the court to be in the best interests of the child.
(3) Failure to provide for income withholding does not affect the validity of the support order.
History:
[(32-1204), added 1986, ch. 222, sec. 1, p. 596; am. 1990, ch. 361, sec. 1, p. 974; am. 1993, ch. 335, sec. 2, p. 1246; am. 1993, ch. 335, sec. 9, p. 1256; am. and redesig. 1998, ch. 292, sec. 8, p. 937.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1205 - INCOME WITHHOLDING UPON A DELINQUENCY.

32-1205. INCOME WITHHOLDING UPON A DELINQUENCY. If a support order does not include immediate income withholding, the obligor is subject to income withholding upon a delinquency at least equal to the child support payment for one (1) month, without the need for a judicial or administrative hearing.
History:
[32-1205, added 1998, ch. 292, sec. 9, p. 939.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1206 - JUDICIAL PROCEEDINGS FOR INCOME WITHHOLDING.

32-1206. JUDICIAL PROCEEDINGS FOR INCOME WITHHOLDING. (1) A proceeding to enforce a duty of support is commenced:
(a) By filing a petition or complaint for an original action; or
(b) By motion in an existing action or under an existing case number.
(2) Venue for the action is in the district court of the county where the dependent child resides or is present, where the obligor resides, or where the prior support order was entered. The petition or motion may be filed by the obligee, the state, or any agency providing care or support to the dependent child.
(3) A filing fee shall not be assessed in cases brought on behalf of the state of Idaho.
(4) A petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the income withholding order, pursuant to section 32-1204 or 32-1205, Idaho Code, and:
(a) The name, address, and social security number of the obligor;
(b) A copy of the support order;
(c) The name and address of the obligor’s employer;
(d) The amount of any delinquency; and
(e) In cases not filed by the state, whether the obligee has received public assistance from any source on behalf of the minor child, and, if so, from which source(s).
(5) Upon receipt of a petition or motion, the court shall issue an income withholding order pursuant to section 32-1204 or 32-1205, Idaho Code, to the employer utilizing the required income withholding for support form and shall provide a form for an answer to the income withholding order which shall be returned to the court within ten (10) days. The court shall also order the employer to remit the amount withheld to the department of health and welfare within seven (7) business days after the date the amount would have been paid or credited to the obligor. The department shall supply each county with the required income withholding for support form and answers that comply with the rules promulgated by the department, and which include:
(a) The maximum amount of current support, if any, to be withheld from the obligor’s earnings each month, or from each earnings disbursement;
(b) The total amount of the arrearage or reimbursement judgment previously entered by the court, if any, together with interest, if any; and
(c) The amount of arrearage payments specified in the support order, if any.
(6) If the petition or motion indicates the obligee has received public assistance from any source on behalf of a minor child, the clerk shall immediately forward a copy of the petition or the motion to the department.
(7) The court retains continuing jurisdiction under this chapter until all duties of support of the obligor, including any delinquency, have been satisfied or until the order is otherwise unenforceable.
History:
[32-1206, added 1986, ch. 222, sec. 1, p. 596; am. 1993, ch. 335, sec. 3, p. 1247; am. 1993, ch. 335, sec. 10, p. 1258; am. 1998, ch. 292, sec. 10, p. 939; am. 2013, ch. 248, sec. 1, p. 598.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1207 - ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING.

32-1207. ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING. Upon application by any obligee or obligor, the department may order income withholding pursuant to this chapter for payment of current support, any delinquency, and costs or fees pursuant to a support order as follows:
(1) If the support order provides for immediate income withholding pursuant to section 32-1204, Idaho Code, the department shall commence income withholding.
(2) If the support order does not provide for immediate income withholding, the department shall commence income withholding upon a delinquency, and shall also notify the obligor:
(a) Of the amount of the delinquency owed and the amount of income withheld;
(b) That the provision applies to all subsequent employers;
(c) Of the right to request an administrative review; and
(d) That the review is limited to mistakes of fact, which means an error in the amount of current support or delinquency, or the identity of the alleged obligor, and that no issues may be considered that have been litigated previously. If the obligor requests an administrative review within fourteen (14) days from the day the notice was mailed, the collection of arrears by income withholding shall be stayed. The department shall review the income withholding order within thirty-five (35) days, issue a decision and amend or void the income withholding order, if necessary. Any amounts which are found to have been withheld in error due to a mistake of fact will be returned to the obligor or credited towards the obligor’s future payments.
History:
[32-1207, added 1998, ch. 292, sec. 11, p. 941.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1208 - SERVICE OF INCOME WITHHOLDING ORDER IN A JUDICIAL PROCEEDING.

32-1208. SERVICE OF INCOME WITHHOLDING ORDER IN A JUDICIAL PROCEEDING. (1) The following items and documents shall be served on the employer personally or by any form of mail requiring a return receipt:
(a) Two (2) conformed copies of the income withholding order, one (1) of which is for the employer, and one (1) for the obligor;
(b) Four (4) answer forms in substantial compliance with section 32-1210, Idaho Code;
(c) Three (3) stamped envelopes provided by the obligee and addressed to, respectively, the person or entity designated in the income withholding order, the obligee’s attorney or the obligee, and the obligor.
(2) On or before the date of service of the income withholding order on the employer, the obligee shall mail or cause to be mailed by certified mail a copy of the income withholding order to the obligor at the obligor’s last known post-office address.
History:
[(32-1208), added 1986, ch. 222, sec. 1, p. 601; am. & redesig. 1998, ch. 292, sec. 12, p. 941.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1209 - SERVICE OF INCOME WITHHOLDING ORDER IN AN ADMINISTRATIVE PROCEEDING.

32-1209. SERVICE OF INCOME WITHHOLDING ORDER IN AN ADMINISTRATIVE PROCEEDING. (1) The department shall send the income withholding order to the employer by certified mail.
(2) At the same time the withholding order is mailed to the employer, the department shall mail a copy of the income withholding order to the obligor at the obligor’s last known post-office address.
History:
[32-1209, added 1998, ch. 292, sec. 13, p. 941.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1211 - PENALTIES FOR EMPLOYERS.

32-1211. PENALTIES FOR EMPLOYERS. (1) An employer may not discharge, discipline, or refuse to employ an obligor on the basis of an income withholding order issued under this chapter. If an employer discharges, disciplines, or refuses to employ an obligor because of an income withholding obligation, the obligor shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and other damages suffered as a result of the violation and for costs and reasonable attorney’s fees, and may be subject to a civil penalty of up to three hundred dollars ($300) for each violation. In addition, the employer may also be ordered to hire, rehire, or reinstate the aggrieved obligor.
(2) An employer who knowingly fails to retain and remit to the department an amount pursuant to the income withholding order shall be liable to the department for the amount to be retained specified in the income withholding order and may be subject to a fine of up to one hundred dollars ($100), which is a debt due and owing to the department unless:
(a) The employer notifies the department that the obligor is not in his employ and the department verifies the obligor’s nonemployment and withdraws its income withholding order; or
(b) The obligor’s income is not sufficient and therefore the restrictions in section 11-207, Idaho Code, apply and a lesser amount must be withheld.
(3) No employer who complies with an income withholding order that is regular on its face shall be subject to civil liability to any individual or agency for conduct in compliance with the income withholding order.
History:
[32-1211, added 1998, ch. 292, sec. 15, p. 944.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1212 - IDENTIFYING INFORMATION — FILING WITH TRIBUNAL AND CHILD SUPPORT SERVICES.

32-1212. IDENTIFYING INFORMATION — FILING WITH TRIBUNAL AND CHILD SUPPORT SERVICES. Obligors and obligees shall file with the court or the department, if the department is providing child support services, identifying information including social security number, residential and mailing address, telephone number, driver’s license number, and name, address, and telephone number of their employer. Obligors and obligees shall provide written notification of any changes within thirty (30) days after such change.
History:
[32-1212, added 1998, ch. 292, sec. 16, p. 944.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1213 - ORDER FOR PAYMENT OF MEDICAL EXPENSES.

32-1213. ORDER FOR PAYMENT OF MEDICAL EXPENSES. (1) A proceeding to enforce a support order directing the payment of medical expenses of a dependent child may be commenced as provided in section 32-1206, Idaho Code.
(2) The petition or motion may be filed by an obligee when medical expenses not otherwise covered by insurance have been incurred in the amount of one hundred dollars ($100) or more, or when insurance premiums, deductibles, or payments on submitted claims for which payment or reimbursement is claimed to be due from the obligor equal or exceed one hundred dollars ($100). The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the order, including:
(a) An itemization of the medical expenses, including a specific reference to any insurance premiums, deductibles, or payments on submitted claims for which payment or reimbursement is sought from the obligor;
(b) Whether such expenses have been submitted to any applicable insurance carrier or other third party payer and the results of such submission;
(c) That the obligor, stating his or her name, residence and social security number has failed or refused to pay the medical expenses or to reimburse the obligee therefor;
(d) A description of the terms of the support order requiring payment of the medical expenses claimed to be due.
(3) Upon the filing of a petition or motion and affidavit containing the information required in subsection (2) of this section, the clerk of the court shall set a hearing thereon. The obligee shall serve a copy of the petition or motion, accompanying affidavit and notice of hearing on the obligor at least ten (10) days before the date set for hearing, by personal service or certified mail, pursuant to the Idaho rules of civil procedure.
(4) After hearing, the court shall enter its order directing payment of the specific sums, if any, for which the obligor is found to be liable for previously incurred medical expenses. In addition, if the court determines that some or all of the medical expenses of the dependent child are of an ongoing or recurring nature and the anticipated amounts thereof are capable of determination to the satisfaction of the court, the court may order payment to the obligee of a specific sum per month toward such expenses.
(5) For purposes of this section "medical expenses" means any and all costs and expenses related to the health care of a dependent child, including insurance premiums and any deductible amounts, all or a portion of which are ordered to be paid by the obligor in addition to any amount awarded as child support, pursuant to a support order.
History:
[(32-1213), added 1992, ch. 265, sec. 1, p. 820; am. & redesig. 1998, ch. 292, sec. 17, p. 945.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214A - PURPOSE.

32-1214A. PURPOSE. The state of Idaho has an interest in ensuring that its children receive health insurance benefits through private means when available at reasonable cost as defined in section 32-1214B, Idaho Code. Therefore, the legislature hereby adopts the national medical support notice required by 42 U.S.C. section 666(a)(19) and the employee retirement income security act, 29 U.S.C. section 1169(a), to allow the department of health and welfare or an obligee to enforce an order for medical support.
History:
[32-1214A, added 2003, ch. 304, sec. 2, p. 834; am. 2008, ch. 328, sec. 2, p. 900.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214B - DEFINITIONS.

32-1214B. DEFINITIONS. For the purposes of this chapter, the following definitions apply:
(1) "Child" means any child including an adopted minor child, of a participant in a health benefit plan, recognized under a medical child support order as having a right to enrollment under a health benefit plan.
(2) "Department" means the department of health and welfare.
(3) "Health benefit plan" means a group or individual health benefit plan or combination of plans, other than public assistance programs, that provides medical care or benefits for a child.
(4) "Insurer" means every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or annuity.
(5) "Medical child support order" means any order, including those that meet the requirements of 29 U.S.C. section 1169, or notice issued by either a court or administrative agency that requires a plan administrator, or if none, the employer, to enroll an eligible child in a health benefit plan.
(6) "Obligee" means a party or parent other than the parent ordered to carry or provide a health benefit plan for the parties’ minor child.
(7) "Obligor" means the parent ordered by the court to carry or provide health insurance benefits for the parties’ minor child.
(8) "Party" means the department, grandparent or any person who is the custodian, other than the parent who owes a duty of medical support.
(9) "Plan administrator" means a person or entity, designated under the terms of the health benefit plan or health insurance policy or related contract or agreement, responsible for the administration of plan duties. If no plan administrator is designated under the terms of the policy, contract or agreement, the plan administrator is the plan sponsor.
(10) "Plan sponsor" means an employer, employee organization, association, committee, joint board of trustees, or other similar group, including a state or local government agency or church, that establishes or maintains an employee benefit plan.
(11) "Reasonable cost" means the cost to the obligor does not exceed five percent (5%) of his or her gross income.
History:
[32-1214B, added 2003, ch. 304, sec. 3, p. 834; am. 2005, ch. 101, sec. 1, p. 320; am. 2008, ch. 328, sec. 3, p. 900.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214D - EXCEPTIONS TO REQUIREMENT FOR IMMEDIATE ENROLLMENT.

32-1214D. EXCEPTIONS TO REQUIREMENT FOR IMMEDIATE ENROLLMENT. The plan administrator or employer shall enroll the child unless the employer or insurer does not offer insurance, the obligor would not qualify for any plan, or the obligor has separated from employment. If insurance is not available because a probationary period exceeds ninety (90) days, the plan administrator or employer shall return the notice to the employer and the department without enrolling the child. If insurance is not available during a probationary period that is ninety (90) days or less, or if ninety (90) days or less remains from a longer waiting period, the plan administrator shall process the enrollment, and notify the employer, the department or other obligee, of the effective date of coverage.
History:
[32-1214D, added 2003, ch. 304, sec. 5, p. 836.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214E - PROHIBITION ON DENIAL OF ENROLLMENT.

32-1214E. PROHIBITION ON DENIAL OF ENROLLMENT. A child shall not be denied enrollment in a health benefit plan because:
(1) The child was born out of wedlock;
(2) The child is not claimed as a dependent on the obligor’s federal income tax return;
(3) The child does not reside with the obligor or in the insurer’s service area; or
(4) There is no current enrollment season.
History:
[32-1214E, added 2003, ch. 304, sec. 6, p. 836.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214F - NOTICE OF MEDICAL SUPPORT ORDER.

32-1214F. NOTICE OF MEDICAL SUPPORT ORDER. Any support order or decree that requires a child to be covered by a health benefit plan issued after July 1, 2003, shall include a statement in substantially the following form:
"Failure to provide medical insurance coverage may result in the direct enforcement of a medical support order by either the obligee or the Department of Health and Welfare. A national medical support notice will be sent to your employer, requiring your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department.".
History:
[32-1214F, added 2003, ch. 304, sec. 7, p. 837.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214G - AUTHORITY OF THE DEPARTMENT.

32-1214G. AUTHORITY OF THE DEPARTMENT. The department of health and welfare shall have the authority to promulgate rules necessary to implement and enforce orders for medical insurance. The rules shall provide the obligor an opportunity to protest the issuance of the national medical support notice based on mistake of fact.
History:
[32-1214G, added 2003, ch. 304, sec. 8, p. 837.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214H - NOTICE OF INTENT TO ENFORCE.

32-1214H. NOTICE OF INTENT TO ENFORCE. If the order for health benefits fails to provide for direct enforcement, the department or other obligee may serve a written notice of intent to enforce the order on the obligor by mail or personal service. If the obligor fails to provide written proof that health benefits have been obtained or applied for within twenty (20) business days of service of the notice, or within twenty (20) business days of health benefits becoming available, the department or other obligee may proceed to enforce the order directly by sending the notice prescribed by section 32-1214C, Idaho Code.
History:
[32-1214H, added 2003, ch. 304, sec. 9, p. 837.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214I - DISENROLLMENT.

32-1214I. DISENROLLMENT. The plan administrator or employer shall not disenroll or eliminate health benefits of any such child unless:
(1) A certified copy of an order terminating the obligation to provide health benefits is provided to a plan administrator or employer;
(2) Confirmation has been received by the plan administrator or employer that the child is enrolled in another comparable health benefit plan;
(3) The employer has eliminated family health benefit plans for all of its employees;
(4) The obligor has separated from employment;
(5) The child is no longer eligible for coverage under the terms of the plan; or
(6) The required premium has not been paid by or on behalf of the child.
History:
[32-1214I, added 2003, ch. 304, sec. 10, p. 837.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1214J - NOTICE OF TERMINATION OF COVERAGE.

32-1214J. NOTICE OF TERMINATION OF COVERAGE. The plan administrator or employer shall notify the department or other obligee within twenty (20) days when health benefits are no longer available and state the reason why.
History:
[32-1214J, added 2003, ch. 304, sec. 11, p. 838.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1215 - TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR’S REQUEST.

32-1215. TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR’S REQUEST. (1) An obligor whose income is subject to withholding under this chapter may request a hearing to quash, modify, or terminate the withholding, by filing a motion requesting such relief before the court which issued the income withholding order. A copy of the motion and a notice of hearing shall be served upon the obligee in the time and in the manner provided by the Idaho rules of civil procedure.
(2) In a hearing to quash, modify, or terminate the income withholding order, the court may grant relief only upon a showing by the obligor that there is a substantial probability that the obligor would suffer irreparable injury and that the obligee would not suffer irreparable injury. Satisfaction by the obligor of any delinquency subsequent to the issuance of the income withholding order is not grounds to quash, modify, or terminate the income withholding order.
(3) If an income withholding order has been in operation for twelve (12) consecutive months and the obligor’s support obligation is current, the court may terminate the order upon motion of the obligor, unless the obligee can show good cause as to why the income withholding order should remain in effect.
(4) No order to quash, modify, or terminate an income withholding order shall be issued unless the obligor provides proof to the court that the obligee has been served with a copy of the motion and notice for hearing in the time and in the manner provided by the Idaho rules of civil procedure, or that service is impossible because the obligee has moved and failed to provide the court with a current address, as required by section 32-1212, Idaho Code.
History:
[32-1215, added 1998, ch. 292, sec. 19, p. 948; am. 2007, ch. 2, sec. 1, p. 3; am. 2011, ch. 33, sec. 1, p. 76.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1216 - TERMINATION OR MODIFICATION OF INCOME WITHHOLDING UPON OBLIGEE’S REQUEST.

32-1216. TERMINATION OR MODIFICATION OF INCOME WITHHOLDING UPON OBLIGEE’S REQUEST. The court may quash, modify or terminate an income withholding order upon written request therefor by the obligee, unless the court finds that the termination would not be in the best interests of the dependent child.
History:
[32-1216, added 1998, ch. 292, sec. 20, p. 948.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT › Section 32-1217 - TERMINATION OF INCOME WITHHOLDING BY THE COURT IN A JUDICIAL PROCEEDING.

32-1217. TERMINATION OF INCOME WITHHOLDING BY THE COURT IN A JUDICIAL PROCEEDING. If the department is unable to deliver payments under the income withholding order for a period of three (3) months due to the failure of the obligee to notify the department of a change of address, the court shall terminate the income withholding order, and shall mail a copy of the termination order to the employer and to the obligor. The court shall return all undeliverable payments to the obligor.
History:
[32-1217, added 1998, ch. 292, sec. 21, p. 949; am. 2007, ch. 2, sec. 2, p. 4.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1401 - LEGISLATIVE FINDINGS.

32-1401. LEGISLATIVE FINDINGS. The legislature finds that there is an increasing incidence of children and family members in more than one (1) court proceeding, including juvenile corrections, domestic violence, domestic relations, adoptions, and child protection actions, and there is a need to coordinate these diverse cases and related family services to provide an effective response to the needs of these children and families.
History:
[32-1401, added 2001, ch. 338, sec. 1, p. 1199.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1402 - DECLARATION OF PURPOSE.

32-1402. DECLARATION OF PURPOSE. The legislature declares that an effective response to address the needs of families and children in resolving these disputes would include the following:
(1) Case management practices that provide a flexible response to the diverse court-related needs of families involved in multiple court cases which will promote the efficient use of time and resources of the parties and the court, and avoid conflicting court orders;
(2) The expansion of available nonadversarial methods of dispute resolution, including mediation of child custody and visitation disputes and alternative dispute resolution assessments;
(3) Coordination of family dispute issues with related litigation involving the juvenile correction laws and criminal laws;
(4) A family court services coordinator to assist families in need to connect with appropriate resources for the family, to provide assessment information to the court to assist in early case resolution, and to conduct workshops which will educate the parties on the adverse impact of high conflict family disputes upon children, identify the developmental needs of children, and emphasize the importance of parenting plans and mediation techniques which peacefully resolve child custody and visitation issues;
(5) A court assistance officer to provide assistance to parties without legal representation to help them understand the legal requirements of the court system, including educational materials, court forms, assistance in completing court forms, information about court procedures, and referrals to public and community agencies and resources that provide legal and other services to parents and children;
(6) A domestic violence court coordinator to assist in the effective operation of a domestic violence court and to serve victims and families involved in domestic violence court proceedings;
(7) Supervised visitation by trained providers to assure the safety and welfare of children in cases where certain risk factors are identified; and
(8) The adoption of other methods and procedures which will promote a timely and effective resolution of related disputes in court cases involving children and families.
History:
[32-1402, added 2001, ch. 338, sec. 1, p. 1199; am. 2009, ch. 79, sec. 1, p. 218.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1403 - IMPLEMENTATION OF A COORDINATED FAMILY SERVICES PLAN.

32-1403. IMPLEMENTATION OF A COORDINATED FAMILY SERVICES PLAN. The supreme court may establish a committee consisting of representatives of the judicial, executive and legislative branches to implement a coordinated family court services plan for a comprehensive response to children and families in the courts. The committee shall recommend, for adoption by the supreme court, policies and procedures that will carry out the purposes of this chapter.
History:
[32-1403, added 2001, ch. 338, sec. 1, p. 1200.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1404 - EVALUATION OF FAMILY COURT SERVICES PLAN.

32-1404. EVALUATION OF FAMILY COURT SERVICES PLAN. The supreme court shall conduct a study measuring the effectiveness of an appropriation for family court services and report the results of its study to the governor and to the legislature by the first day of the legislative session.
History:
[32-1404, added 2001, ch. 338, sec. 1, p. 1200.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1405 - ADMINISTRATION OF FUNDING.

32-1405. ADMINISTRATION OF FUNDING. Subject to the appropriation power of the legislature, the supreme court shall be responsible for administering, allocating and apportioning all funding resources for children and family court services, including grants, contributions, and appropriations from the legislature, to each judicial district upon their submission of an appropriate plan for family court services.
History:
[32-1405, added 2001, ch. 338, sec. 1, p. 1200.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1406 - COURT ASSISTANCE OFFICES AND COORDINATED FAMILY SERVICES — COST RECOVERY FEE SCHEDULE.

32-1406. COURT ASSISTANCE OFFICES AND COORDINATED FAMILY SERVICES — COST RECOVERY FEE SCHEDULE. (1) The supreme court is hereby authorized to establish a statewide uniform schedule of fees to assist counties in defraying the costs of providing legal forms and other written materials, training on the use of forms and distributed materials, and other court services that are furnished in connection with court assistance offices and coordinated family services. The supreme court schedule of fees shall be reasonably related to and shall not exceed the actual costs involved in furnishing the materials, training or other services.
(2) The supreme court shall provide for a waiver or partial waiver of fees for those persons who are unable to pay the fees.
(3) The fees established in the supreme court schedule shall be collected through the clerk of the district court of the county in which the materials, training, or other services are furnished, and the clerk shall pay them over to the county treasurer for deposit into the county district court fund. Subject to the budgetary process of the county, the moneys so deposited into the district court fund shall be dedicated to the objects and purposes identified in this section.
History:
[32-1406, added 2004, ch. 322, sec. 1, p. 905.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1407 - COURT SERVICES COORDINATORS — RECORD CHECKS.

32-1407. COURT SERVICES COORDINATORS — RECORD CHECKS. Prior to appointment, and at his or her own cost, a family court services coordinator or a domestic violence court coordinator shall submit to a fingerprint-based criminal history check through any law enforcement office in the state providing such a service. The criminal history check shall include a statewide criminal identification bureau check, federal bureau of investigation criminal history check, child abuse registry check, adult protection registry check and statewide sex offender registry check. A record of all background checks shall be maintained in the office of the supreme court of the state of Idaho.
History:
[32-1407, added 2007, ch. 25, sec. 1, p. 48; am. 2009, ch. 79, sec. 2, p. 219.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1408 - DOMESTIC VIOLENCE COURTS — STATEMENT OF POLICY.

32-1408. DOMESTIC VIOLENCE COURTS — STATEMENT OF POLICY. The legislature finds that:
(1) Domestic violence is a serious crime that causes substantial damage to victims and children, as well as to the community. Families experiencing domestic violence are often involved in more than one (1) court proceeding including divorce and custody cases, as well as civil and criminal proceedings regarding domestic violence, substance abuse and child protection. Substantial state and county resources are required each year for the incarceration, supervision and treatment of batterers.
(2) Domestic violence courts hold offenders accountable, increase victim safety, provide greater judicial monitoring and coordinate information to provide effective interaction and use of resources among the courts, justice system personnel and community agencies. Effective case management and coordination ensure that decisions in one (1) case do not conflict with existing orders in other civil and criminal cases and provide courts with the necessary information to protect victims and families.
(3) Domestic violence courts have proven effective in reducing recidivism and increasing victim safety. It is in the best interests of the citizens of this state to expand domestic violence courts to each judicial district.
History:
[32-1408, added 2009, ch. 79, sec. 3, p. 219.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 14 - COORDINATED FAMILY SERVICES › Section 32-1409 - DOMESTIC VIOLENCE COURTS.

32-1409. DOMESTIC VIOLENCE COURTS. (1) The district court in each county may establish a domestic violence court in accordance with the policies and procedures adopted by the supreme court based upon recommendations by the committee as authorized pursuant to section 32-1403, Idaho Code.
(2) The committee shall recommend policies and procedures for domestic violence courts addressing eligibility, identification and screening, assessment, treatment and treatment providers, case management and supervision, judicial monitoring, supervision of progress and evaluation. The committee shall also solicit specific domestic violence court plans from each judicial district, recommend funding priorities for each judicial district and provide training to ensure the effective operation of domestic violence courts.
(3) No person has a right to be admitted into a domestic violence court.
History:
[32-1409, added 2009, ch. 79, sec. 4, p. 219.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1602 - DEFINITIONS.

32-1602. DEFINITIONS. As used in this chapter:
(1) "Arrears" means child or spousal support that is due, owing and unpaid pursuant to a support order.
(2) "Asset" means cash or cash value in or of a demand deposit account, checking or negotiable withdrawal order account, savings account, share account, share draft account, time deposit account or money market mutual fund account; and/or negotiable instruments including stocks and bonds, annuities, investment accounts or funds, and the cash value of insurance.
(3) "Asset withholding order" means an administrative order issued by the department of health and welfare to a financial institution requiring the freezing and surrender of an asset in which an obligor has an interest.
(4) "Child support" means the obligation, pursuant to a support order, to provide for the needs of a child, including food, clothing, shelter, education, day care and health care. "Child support" also includes reimbursement to any agency for medical assistance, assistance paid to families with children, and interest owed on such support.
(5) "Co-owner" means a person having withdrawal rights on a multiple party account.
(6) "Department" means the Idaho department of health and welfare.
(7) "Financial institution" means a bank, credit union or other depository institution, benefit association, insurance company, safe deposit company, money market mutual fund and other entities defined in 42 U.S.C. 669a(d)(1).
(8) "Obligor" means any person obligated by support order to pay child or spousal support.
(9) "Owner" means a person or entity who, by the terms of the account, has a present right, subject to a proper request in compliance with terms of the account, to payment from the account.
(10) "Spousal support" means the obligation, pursuant to a support order, to provide for a spouse or a former spouse.
(11) "Support order" means a judgment, decree, or administrative order from any state, directing one (1) or more individuals to pay child support or spousal support.
History:
[32-1602, added 2004, ch. 213, sec. 2, p. 642.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1603 - WITHHOLDING OF ASSETS — GROUNDS AND ISSUANCE.

32-1603. WITHHOLDING OF ASSETS — GROUNDS AND ISSUANCE. When the department receives information from a data matching process that an obligor is an owner or co-owner of an asset held by a financial institution, the department may issue an asset withholding order. Any asset which is subject to a previously perfected security interest or right of set-off from the financial institution is subject to withholding only as to the unencumbered portion of the asset.
History:
[32-1603, added 2004, ch. 213, sec. 2, p. 643.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1604 - CONTENT OF ASSET WITHHOLDING ORDER.

32-1604. CONTENT OF ASSET WITHHOLDING ORDER. An asset withholding order shall contain:
(1) The name of the obligor and any known co-owner or multiple party account holder;
(2) The address of the obligor as listed in the department’s records;
(3) The account number or other means of identifying the asset subject to the withholding order;
(4) The amount of arrears owed by the obligor;
(5) Other information as determined by the department.
History:
[32-1604, added 2004, ch. 213, sec. 2, p. 643.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1605 - RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER.

32-1605. RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER. (1) When an asset withholding order is received by a financial institution pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. Financial institutions shall accept the asset withholding order at any office of the financial institution located in this state, or at a particular office in this state or another state designated by the financial institution for the service of attachment, execution and garnishment papers pursuant to section 11-703(2), Idaho Code.
If the financial institution has designated a particular office for service of attachment, execution and garnishment papers pursuant to section 11-703(2), Idaho Code, and the asset withholding order is received by another office of the financial institution, it is within the discretion of the financial institution to accept the order and promptly forward the order to the designated office; not accept the order and promptly forward the order to the designated office; or promptly return it to the department. If a financial institution has chosen to accept the order at a nondesignated office, the financial institution’s duties pursuant to section 32-1608(1), Idaho Code, shall be effective upon acceptance at that office, and the time periods for the financial institution’s duties pursuant to subsections (2) and (3) of section 32-1608, Idaho Code, shall begin to run upon receipt of the order at the designated office.
(2) Unless otherwise notified by the department pursuant to this chapter, the financial institution shall release the asset to the obligor on the seventy-sixth day after the financial institution receives the asset withholding order.
(3) The department shall provide the financial institution with copies of the order and notice required by section 32-1607, Idaho Code, to forward to the obligor and any co-owner.
History:
[32-1605, added 2004, ch. 213, sec. 2, p. 643; am. 2017, ch. 303, sec. 11, p. 815.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1606 - DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION.

32-1606. DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION. (1) A financial institution shall accept an asset withholding order by any form of U.S. mail, commercial mail, delivery service, by facsimile or other electronic form of correspondence. If the asset withholding order is delivered electronically, the effective date shall be the date the electronic copy is received. An additional copy of the order shall also be sent to the financial institution by regular mail.
(2) If the financial institution elects to designate an out-of-state office to accept or process an asset withholding order, such election shall act as a waiver of any claim of defect in jurisdiction.
History:
[32-1606, added 2004, ch. 213, sec. 2, p. 644.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1607 - NOTICE.

32-1607. NOTICE. Upon the issuance of an asset withholding order to the financial institution, the department shall, within one (1) business day, send to the obligor by certified mail, at the last known address in the department’s records, a copy of the asset withholding order and a notice containing the following:
(1) The obligor’s and/or the co-owner’s right to a hearing;
(2) The request for a hearing must be in writing and received by the department within fourteen (14) days after the date of mailing the notice;
(3) That the asset subject to the withholding order will be applied to the arrears unless a timely request for hearing is made;
(4) That the asset will be released by the department if the obligor pays the arrears and the current support obligation in full; and
(5) The grounds to contest the asset withholding order:
(a) The amount of arrears;
(b) The validity of the order;
(c) The extent of the obligor’s interest in the asset; and
(d) The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code.
History:
[32-1607, added 2004, ch. 213, sec. 2, p. 644.]