Title 7, SPECIAL PROCEEDINGS

7-1064. REGISTRATION OF CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state …

7-1065. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, sections 7-1047 through 7-1050, Idaho Code, apply to a contest of a registered convention support order. (2) A party contesting a registered con…

7-1066. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER. (1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered convention support order. (2) The following grounds are the only groun…

7-1067. PARTIAL ENFORCEMENT. If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention supp…

7-1068. foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (2) An application or direct request for recognition and enfo…

7-1069. MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER. (1) A tribunal of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless: (a) The obligee submits to the jurisdiction of …

7-1070. PERSONAL INFORMATION — LIMIT ON USE. Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.

7-1071. RECORD IN ORIGINAL LANGUAGE — ENGLISH TRANSLATION. A record filed with a tribunal of this state under sections 7-1059 through 7-1071, Idaho Code, must be in the original language and, if not in English, must be accompanied by an English translation.

7-1072. Grounds for rendition. (1) For purposes of sections 7-1072 and 7-1073, Idaho Code, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter. (2) The governor of this state may: (a) Demand that the…

7-1073. Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state t…

7-1074. Uniformity of application and construction. In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

7-1075. transitional provision. This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or en…

7-1076. Severability. 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 application, and to …

7-1201. Statement of legislative findings. 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; that this causes a severe financial hardship upon custodi…

7-1202. Definitions. As used in this chapter: (1) "Child support" means a legally enforceable obligation assessed against an individual for the support of a child which shall include medical care, including health insurance premiums for the child, and any amount owing under an or…

7-1203. Available remedies. In addition to other remedies available to the department or obligee, collection of any delinquency from an obligor on behalf of an obligee shall be accomplished through any of the following means: (1) The department shall intercept and withhold tax re…

7-1206. Department lien for child support delinquency. (1) Upon a delinquency under a child support order for which the department is or has been providing child support enforcement services, a lien arises upon and attaches to the real and personal property of an obligor. When th…

7-1301. Short title. This chapter shall be known as the "Judicial Confirmation Law."

7-1302. Legislative declaration. The legislature of the state of Idaho determines, finds and declares in connection with this chapter: (1) An early judicial examination into and determination of the validity of the power of any political subdivision to issue bonds or obligations …

7-1303. Definitions. Except where the context otherwise requires, the definitions in this section govern the construction of the judicial confirmation law. All other words should be given their ordinary and customary meaning. (1) "Agreement" means any agreement or contract betwee…

7-1304. Petition for judicial examination and determination of validity of bond, obligation, agreement, or security instrument — Facts — Verification — Public hearing. (1) In its discretion the governing body of a political subdivision may file or cause to be filed a petition at …

7-1305. Action in nature of proceedings in rem — Jurisdiction of parties. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this chapter.

7-1306. Notice of filing of petition — Contents — Service by publication and posting. (1) Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of …

7-1307. Owner of property or interested party may move to dismiss or answer — Effect of failure to appear. (1) Any owner of property, taxpayer, elector or rate payer, in the political subdivision or any other person interested in the bond, obligation or agreements or security ins…

7-1308. Hearing — Findings — Judgment and decree — Costs — Entitlement to relief. (1) The filing of the petition and publication and posting of the notice as provided in section 7-1306, Idaho Code, shall be sufficient to give the court jurisdiction, and upon hearing the court sha…

7-1309. Appeal of judgment — Time for application. Appeal of the judgment of the court may be had as in other civil cases, except that such appeal must be filed within forty-two (42) days after the time of the rendition of such judgment.

7-1310. Applicability of Idaho rules of civil procedure — Early hearings. (1) The Idaho rules of civil procedure shall govern in matters of pleadings and practice where not otherwise specified herein. (2) The court shall disregard any error, irregularity, or omission which does n…

7-1311. Effect of chapter. (1) This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers herein granted. (2) The powers conferred by this chapter shall be…

7-1312. Severability. If any provisions of this act or its application to any person, political subdivision, or circumstance is held invalid, the remainder of the act or the application of the provision to other persons, political subdivisions or circumstances is not affected.

7-1313. Attorney fees. Whenever a court shall determine that a political subdivision is not entitled to the relief sought or that this chapter has not been substantially complied with and enters a judgment denying the petition, the court shall award reasonable attorney fees to an…

7-1401. Statement of legislative intent. The legislature of the state of Idaho finds that the remedy of suspension of a wide variety of licenses is needed to increase the effectiveness of enforcement of child support orders, compliance with subpoenas in paternity and child suppor…

7-1402. Definitions. (1) "Child support order" means a legally enforceable obligation, issued by a court or administrative body, assessed against an individual for the support of a child, which shall include medical care, health insurance premiums for the child, child care expens…

7-1403. Grounds for suspension of a license. In addition to any other basis provided by Idaho law for suspension of a license, a licensee is subject to suspension of a license if the licensee: (1) Is an obligor who has a delinquency as defined in section 7-1402(3), Idaho Code; (2…

7-1404. Jurisdiction for suspension of a license. (1) Upon petition of an obligee of a child support order, a person entitled to visitation with a minor child pursuant to court order, or the department of health and welfare, a court may issue an order suspending a license on any …

7-1405. Commencement of judicial proceeding for suspension of license. (1) A petition for suspension of a license may be commenced in the magistrate division of the district court of the county where the child support order or order for visitation was issued; and no filing fees s…

7-1406. Notice. Upon commencement of a proceeding for suspension of a license under this chapter, the petitioner shall also serve the licensee notice: (1) Of the licensee’s right to a hearing; (2) That the licensee has twenty-one (21) days after service to request a hearing; (3) …

7-1406A. good cause determination in license suspension proceedings. (1) A motor vehicle or occupational license suspension pursuant to this chapter shall be denied or stayed if the obligor proves that one (1) or more of the following conditions for good cause determination exist…

7-1407. Commencement of administrative proceeding by the department. The department shall commence an administrative proceeding to suspend a license by serving the licensee a notice that contains the information required for the petition and notice in sections 7-1405 and 7-1406, …

7-1408. Confirmation of nonlicensure. The petitioner or department shall notify the appropriate licensing authority of the commencement of a judicial or administrative proceeding to suspend a license. Notwithstanding any provision of the Idaho public records act, chapter 1, title…

7-1409. Hearing to contest suspension of license or licenses. (1) A request for a hearing shall be filed with the court or department by the licensee not later than twenty-one (21) days after the date of service of the notice. If a request for hearing is timely filed, the court o…

7-1410. Order suspending a license. (1) The court, licensing authority or department shall issue an order suspending a license unless: (a) After notice and hearing, the licensee is found to have paid the delinquency and the current month’s support in full, or complied with the su…

7-1410A. family law temporary restricted license. (1) This section applies to a licensee whose driver’s license would otherwise be valid if not for a family law license suspension ordered by a court, licensing authority, or the department pursuant to section 7-1410, Idaho Code. F…

7-1411. Default. The court or department shall deem the allegations of the petition or notice to be admitted and shall issue an order suspending a license if the licensee fails to make a timely request for a hearing or fails to appear at a hearing without good cause. The entry of…

7-1412. Action by licensing authority. (1) On receipt of a final order suspending a license, the licensing authority shall summarily suspend the license effective the date the order became final, without additional review or hearing. (2) A licensing authority may not review, vaca…

7-1413. Vacating or staying an order suspending a license. (1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspe…

7-1414. Proceeding to reinstate the suspension. (1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comp…

7-1415. Fees and penalties. A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. Pursuant to its statute and rules, a licensing authority may charge fees or impose penalties on a lice…

7-1416. Cooperation between licensing authorities and the department of health and welfare. (1) Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, upon request of the department a licensing authority shal…

7-1417. Final order of suspension. (1) A license suspension order issued by the court shall be final and conclusive between the parties unless an appeal is filed within twenty-eight (28) days. (2) A license suspension order issued by a hearing officer of the department shall be f…

7-1501. Short title. This chapter shall be referred to as the "Small Lawsuit Resolution Act."