Title 7, SPECIAL PROCEEDINGS

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

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

7-1006. Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to …

7-1007. Initiating and responding tribunal of state. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.

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

7-1009. Continuing, exclusive jurisdiction to modify child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the or…

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

7-1011. Determination of controlling child-support order. (1) If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized. (2) If a proceeding is brought under this chapter, and t…

7-1012. Child-support orders for two or more obligees. In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by…

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

7-1014. Application of chapter to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign sup…

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

7-1016. Proceedings under this chapter. (1) Except as otherwise provided in this chapter, sections 7-1016 through 7-1034, Idaho Code, apply to all proceedings under the provisions of this chapter. (2) An individual petitioner or a support enforcement agency may initiate a proceed…

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

7-1018. Application of law of this state. Except as otherwise provided in this chapter, a responding tribunal of this state shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and pr…

7-1019. Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: (a) To the responding tribunal or appropriate support enforcement agency in the res…

7-1020. Duties and powers of responding tribunal. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 7-1016(2), Idaho Code, it shall cause the petition or pleading to be filed and not…

7-1021. Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner wher…

7-1022. Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (2) A support enforcement agency of this state that is providing services to the petitioner shall…

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

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

7-1025. Duties of state information agency. (1) The central registry in the bureau of child support of the department of health and welfare is the state information agency under this chapter. (2) The state information agency shall: (a) Compile and maintain a current list, includi…

7-1026. Pleadings and accompanying documents. (1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a pe…

7-1027. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be …

7-1028. Costs and fees. (1) The petitioner may not be required to pay a filing fee or other costs. (2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other re…

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

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

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

7-1032. Communications between tribunals. A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that …

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 stat…

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 a…

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 reside…

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.

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 c…

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 a…

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…

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 with…

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 …

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 …

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 su…

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.

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 dis…

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 sta…

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 o…

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 o…

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. …