Title 32, DOMESTIC RELATIONS

32-11-306. Enforcement of registered determination. (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and en…

32-11-307. Simultaneous proceedings. If a proceeding for enforcement under part 3 of this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the …

32-11-308. Expedited enforcement of child custody determination. (a) A petition under part 3 of this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified cop…

32-11-309. Service of petition and order. Except as otherwise provided in section 32-11-311, Idaho Code, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.

32-11-310. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to section 32-11-204, Idaho Code, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate p…

32-11-311. Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immedia…

32-11-312. Costs — Fees — Expenses. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, tr…

32-11-313. Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed…

32-11-314. Appeals. An appeal may be taken from a final order in a proceeding under this chapter. The court shall make every effort to expedite the appeal. Unless the court enters a temporary emergency order under section 32-11-204, Idaho Code, the enforcing court may not stay an…

32-11-315. Role of county prosecuting attorney. (a) In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the county prosecuting attorney may take any lawful action, including resort to a proceeding under thi…

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…

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.

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 state…

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 applicatio…

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 go…

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…

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…