Title 32 — DOMESTIC RELATIONS

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…

32-1301. Cities and counties may enact and enforce ordinances for failure to supervise a child. (1) Any county or city may by ordinance establish and enforce the offense of failure to supervise a child as provided in this section. (2) The ordinance may provide that a person who i…

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 the…

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 …

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 child…

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 sess…

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 appr…

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 materi…

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 th…

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 th…

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, Idah…

32-1410. domestic violence court fees. (1) Each person who is found guilty of or pleads guilty to any of the following alcohol-, substance abuse- or domestic violence-related offenses shall pay a thirty dollar ($30.00) fee to be deposited in the statewide drug court, mental healt…

32-1601. Child support enforcement — Financial institution data match process. (1) This chapter is enacted to bring the state into compliance with the requirements of P.L. 104-193, sec. 372, and title IV-D of the social security act and to make the financial institution data matc…

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 …

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 i…

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 …

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 …

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 w…

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 an…

32-1608. Duties of the financial institution. (1) Upon receipt or acceptance of an asset withholding order issued by the department pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as …

32-1609. No request for hearing. If the obligor or a co-owner has not filed a request for hearing within fourteen (14) days after the date the department mailed the notice to the obligor, the department shall notify the financial institution and the financial institution shall pr…

32-1610. Hearing to contest asset withholding. (1) Within five (5) business days of receiving a timely request for hearing, the department will schedule the administrative hearing date and notify the obligor and any co-owners by mail. Upon receiving the request for hearing, the d…

32-1611. Basis to contest the asset withholding order. The obligor who owes the support or any co-owner of the asset that is subject to the asset withholding order may contest the order to withhold. Contests are limited to the following issues: (1) The amount of the arrears; (2) …

32-1612. Order from hearing. (1) The department shall issue an order based upon the hearing that rejects the contest or supports the contest in whole or part. The parties may file an appeal with the district court within twenty-eight (28) days, notwithstanding the provisions of s…

32-1613. Default. (1) The allegations of the asset withholding order shall be deemed admitted and the department shall issue an order upholding the asset withholding order if the obligor or co-owner fails to appear at the hearing without good cause. The default and issuance of an…

32-1614. Liability of financial institution. Notwithstanding any other provisions of federal or state law, any financial institution, or officer, agent or employee of the financial institution, acting in good faith, shall be immune from all civil and criminal liability for withho…

32-1701. short title. This chapter may be known and cited as the "De Facto Custodian Act."

32-1702. purpose. The purpose of this act is to: (1) Give constitutionally required deference to the decisions of fit parents in custody actions brought by third parties; (2) Subject to such constitutionally required deference, meet the needs of children for caring and stable hom…

32-1703. dE FACTO CUSTODIANS. (1) "De facto custodian" means an individual who: (a) Is related to a child within the third degree of consanguinity; and (b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such c…

32-1704. commencement of proceedings. (1) A child custody proceeding may be initiated in any court of this state with jurisdiction to determine child custody matters, by an individual: (a) Filing a petition seeking a determination that he or she is a de facto custodian pursuant t…

32-1705. nature of de facto custodian order — access to records — termination of de facto custodianship. (1) A court may enter an order granting a de facto custodian sole or joint legal and/or physical custody as defined in section 32-717B(1), (2) and (3), Idaho Code, in the same…

32-1801. DELEGATION OF PARENTAL POWERS. (1) A parent or legal guardian of a child, by a properly executed power of attorney, may temporarily delegate to another person, named in the instrument as the temporary caregiver, any of the traditional parental rights and responsibilities…

32-1802. retention of parental rights. (1) A temporary delegation of rights and responsibilities under this chapter does not: (a) Operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order; (b) Deprive the parent or …

32-1803. reimbursement of temporary caregiver. A temporary caregiver appointed pursuant to section 32-1801, Idaho Code, shall not receive financial payment other than reimbursement for actual expenses arising from the care of the child.

32-1804. DISCLOSURE OF TEMPORARY CARE ASSISTANCE PROGRAM. (1) For purposes of this section and section 32-1805, Idaho Code, "temporary care assistance program" means a program operated by an organization that assists a parent or guardian with recruiting or identifying an appropri…

32-1805. TEMPORARY CARE ASSISTANCE PROGRAM requirements. (1) A temporary care assistance program shall check against the state’s sex offender registry operated by the Idaho state police and against the national sex offender public website operated by the United States department …

32-1806. STATUTORY CONSTRUCTION. (1) Nothing in this chapter shall be construed to affect any delegation of powers made pursuant to section 15-5-104, Idaho Code. (2) Nothing in this chapter shall be construed as invalidating the provisions of the child protective act in chapter 1…