Title 32 — DOMESTIC RELATIONS

32-916. Property rights governed by chapter. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.

32-917. Formalities required of marriage settlements. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as conveyances of land are required to be executed and acknowledged or proved.

32-918. Marriage settlements — Record. (1) When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. (2) (a) A summary of the contract may…

32-919. Marriage settlements — Effect of record. The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a conveyance of real property.

32-920. Marriage settlements — Capacity of minor. A minor capable of contracting marriage may make a valid marriage settlement.

32-921. Definitions. As used in this act: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, …

32-922. Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. The premarital agreement shall be executed and acknowledged or proved as provided in sections 32-917 through 32-919, Idaho Code.

32-923. Content. (1) Parties to a premarital agreement may contract with respect to: (a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) The right to buy, sell, use, transfer, exchan…

32-924. Effect of marriage — Amendment — Revocation. A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable …

32-925. Enforcement. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) That party did not execute the agreement voluntarily; or (b) The agreement was unconscionable when it was executed and, before execution of the agre…

32-926. Enforcement — Void marriage. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

32-927. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled as to the premarital agreement during the marriage of the parties. However, equitable defenses limiting the time for enforcement, …

32-928. Application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

32-929. Short title. This act may be cited as the "Uniform Premarital Agreement Act."

32-1001. Allowance to parent for support of child. The proper court may direct an allowance to be made to the parent of a child, out of its property for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit.

32-1003. Liability of parent for child’s necessaries. If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from …

32-1004. Wages of minors. The wages of a minor employed in service may be paid to him, unless, within thirty (30) days after the commencement of the service the parent or guardian entitled thereto gives the employer notice that he claims such wages.

32-1005. Custody of children after separation of parents. (1) When a husband and wife live in a state of separation, without being divorced, any court of competent jurisdiction, upon application of either, if an inhabitant of this state, may inquire into the custody of any unmarr…

32-1006. Legitimation of issue by marriage. A child born before wedlock becomes legitimate by the subsequent marriage of its parents.

32-1007. Rights of parents over children. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, …

32-1009. Paternity fraud — Child support restitution. Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who i…

32-1010. idaho PARENTAL RIGHTS act. (1) This section through section 32-1014, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act." (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept …

32-1011. PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control.

32-1012. PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right and duty to make decisions concerning their education, including the right to cause the child to be educated in any manner authori…

32-1013. INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED. (1) Neither the state of Idaho, nor any political subdivision thereof, may violate a parent’s fundamental and established rights protected by this act, and any restriction of or interference with such rights shall…

32-1014. emergency order not justification to interfere with parental rights. At no time shall the existence of any order, proclamation, or declaration issued pursuant to chapter 6 or 10, title 46, Idaho Code, be considered essential to further a compelling governmental interest …

32-1015. parental rights in medical decision-making. (1) As used in this section: (a) "Governmental entity" means the state and its political subdivisions. (b) "Health care provider" means: (i) A physician, health care practitioner, or other individual licensed, accredited, or ce…

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.