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 …

7-1101. Title of act. This act shall be known as the Paternity Act.

7-1102. Jurisdiction of district court. The district courts shall have exclusive original jurisdiction in proceedings to establish paternity and, in any such proceeding in which it makes a finding of paternity, to order support and determine custody, as set forth in this act.

7-1103. Definitions. When used in this act: (1) The phrase "child conceived or born out of wedlock" refers to a child who is conceived outside of lawful matrimony but has not yet been born or who is begotten and born outside of lawful matrimony. (2) The word "child" refers to chi…

7-1104. Order fixes legal relationships. After an order of filiation has been made as herein provided, the legal status and legal relationships and the rights and obligations between a person and his descendants, and between a person and his parents, their descendants and kindred…

7-1105. Parents liable for support and education — Deceased parent — Liability of estate. Each parent of a child conceived or born out of wedlock is liable for the necessary support and education of the child and for the child’s funeral expenses. If a parent dies, an order of sup…

7-1106. Acknowledgment of paternity. (1) A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics un…

7-1107. Limitation of action. (1) Except as provided in section 16-1504(10), Idaho Code, a proceeding to establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child but must be instituted before the child r…

7-1108. Death of mother — Proceedings continue. If, after the action is commenced, the mother dies or is judicially determined an incompetent, the proceeding does not abate but may be continued by her executor, administrator, guardian, or such other personal representative as may…

7-1109. Venue — Birth out of state no bar. Proceedings to establish paternity may be originated in the county where the mother or child resides or is found or in the county where the putative father resides or is found. The fact that the child was born outside of the state of Ida…

7-1110. Proceedings — By whom brought. Proceedings to establish the paternity of the child and to compel support under this act may be commenced by the mother, whether a minor or not, or by the child’s guardian or other person standing in a paternal relation or being the next of …

7-1111. Commencement of proceedings. (1) Proceedings are commenced by either the filing of a verified voluntary acknowledgment of parentage executed by both the mother and father of the child; or by the filing of a verified complaint, alleging that the person named as defendant i…

7-1112. Warrant for arrest — When issued. The court may issue a warrant, directing the defendant be arrested and brought before the court, when a petition is presented to the court to commence the proceedings and it appears that: (1) the summons cannot be served; or (2) the defen…

7-1113. Bond. The court before whom the defendant is taken under the preceding section may require an undertaking to appear or in default thereof may place the defendant in custody.

7-1114. Trial by court — Testimony on access — Corroboration required. The trial shall be by the court without a jury. If the mother is married both she and her husband may testify to nonaccess. If the defendant shall offer testimony of access by others at or about the time charg…

7-1115. Testimony and evidence relating to paternity. Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to: (1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conceptio…

7-1116. Genetic tests. (1) The court may, and upon request of a party shall, require the child, mother, alleged father, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. The de…

7-1117. Expert witnesses appointed by court — Compensation — Payment. The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such propor…

7-1118. Expert testimony — When action dismissed. If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the defendant is not the father of the child, the question of paternity shall be resolved accordingly, and the…

7-1119. Presumption of legitimacy — When rebutted. The presumption of legitimacy of a child born during wedlock is overcome by: (1) Genetic tests which show that the husband is not the father of the child; or (2) An affidavit of nonpaternity signed by the natural mother and her h…

7-1120. Order of filiation. If the court finds the defendant is the father of the child, it shall make an order of filiation, declaring paternity.

7-1121. Order for support — Continuance beyond age of 18 — Other payments by father. (1) In a proceeding in which the court has made an order of filiation, the court may direct a father possessed of sufficient means or able to earn such means to pay monthly or at other fixed peri…

7-1122. Payment to mother or trustee — Report to court. (1) The court may require the payment to be made to the mother or to some person or corporation designated by the court as trustee. If the child is likely to become a public charge on a county or city, the public assistance …

7-1123. Change of trustee. The court, on motion of the plaintiff or otherwise, may at any time for good cause shown substitute another trustee for the one designated and acting.

7-1124. Full faith and credit. A voluntary acknowledgment of paternity or a determination of paternity by a court or administrative body of any state must be accepted as determinative by the courts of this state and shall be entitled to full faith and credit.

7-1125. No right to jury trial. There shall be no right to a jury trial in proceedings under this chapter.

7-1126. custody of children — best interest. In any proceeding to determine custody under the provisions of this chapter, the court shall apply sections 32-717 through 32-717E, Idaho Code. However, the court shall not consider whether or not the mother or father did or did not vo…

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…