Title 32 — DOMESTIC RELATIONS

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 insu…

32-1202. Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Business day" means a day on which state offices are open for regular business. (2) "Child support services" means support enforcement or colle…

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 effect…

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 …

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 admi…

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 …

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: …

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 whic…

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 th…

32-1210. Employer’s duties and responsibilities — Fee for employer. (1) Upon receiving an income withholding order from the court, the employer shall answer the income withholding order on forms supplied with the income withholding order within ten (10) days after the date of ser…

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 with…

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 …

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 medic…

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 …

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 …

32-1214C. Medical support order. (1) A medical support notice issued to an employer or plan administrator is a qualified medical support order as defined by 29 U.S.C. section 1169(a) through (c). (2) Upon receipt of a national medical support notice, if the employer has one (1) h…

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 …

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 wit…

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 …

32-1214G. enforcement of medical support. (1) In any case for which an assignment of medical support is in effect, the department shall petition the court to include health insurance that is available through employment or another group health benefit plan to either parent, and t…

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 w…

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) Confi…

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.

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 issue…

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 …

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,…

32-1218. review and modification of support orders. (1) Each parent subject to a child support order that is being enforced by the department shall be notified of the right to request a review of the order by the department every thirty-six (36) months. Reviews shall not be condu…