T7CH12
Title 7 > T7CH12
Sections (4)
7-1201
TITLE 7 SPECIAL PROCEEDINGS CHAPTER 12 ENFORCEMENT OF CHILD SUPPORT ORDERS 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 custodial parents and constitutes a significant detriment to the rearing and support of minor children whom the orders intended to support. Further, P.L. 98-378 requires each state to implement statutorily prescribed procedures to improve the effectiveness of child support enforcement. Although the department of health and welfare does not have the authority to establish support orders administratively, the act as amended in 1988 enables the department to give full faith and credit to all legally enforceable support orders issued by other states. The collection remedies required by federal law are enacted in section 7-1203 , Idaho Code. History: [7-1201, added 1985, ch. 159, sec. 1, p. 418; am. 1988, ch. 294, sec. 3, p. 935.]
7-1202
TITLE 7 SPECIAL PROCEEDINGS CHAPTER 12 ENFORCEMENT OF CHILD SUPPORT ORDERS 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 order for support during a period in which public assistance was expended. (2) Delinquency means unpaid support for a minor child or spouse which has accrued under an order. (3) Department means the department of health and welfare. (4) Obligee means any person, state agency or bureau entitled by order to receive child support payments or child and spousal support payments. (5) Obligor means any person obligated by order to pay child or spousal support. (6) Order means a judgment, decree, order, or administrative ruling directing a person or persons to pay money for support of a minor child or a spouse. (7) Income means any form of payment to an individual, regardless of source, including, but not limited to, wages, salary, commission, compensation as an independent contractor, worker’s compensation, disability, veteran’s annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by a public act. History: [7-1202, added 1985, ch. 159, sec. 1, p. 418; am. 1986, ch. 221, sec. 10, p. 591; am. 1988, ch. 294, sec. 1, p. 933; am. 1990, ch. 92, sec. 1, p. 192; am. 1993, ch. 335, sec. 6, p. 1252; am. 1993, ch. 335, sec. 13, p. 1262; am. 1994, ch. 308, sec. 1, p. 964; am. 1998, ch. 207, sec. 1, p. 733.]
7-1203
TITLE 7 SPECIAL PROCEEDINGS CHAPTER 12 ENFORCEMENT OF CHILD SUPPORT ORDERS 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 refunds to satisfy child support obligations pursuant to section 56-203D , Idaho Code. (2) The department shall intercept and withhold a portion of any unemployment benefit payable to an obligor pursuant to section 72-1365 , Idaho Code. (3) The department shall administer a program to withhold a portion of an obligor’s income for the benefit of the obligee pursuant to chapter 12, title 32 , Idaho Code. (4) The department shall intercept and withhold a portion of any veteran’s benefits payable to an obligor pursuant to state or federal law. (5) The department shall attach, garnish, or intercept and withhold a portion of any worker’s compensation benefits which are payable to an obligor pursuant to title 72 , Idaho Code. (6) The department shall intercept and retain any support to reimburse the department for foster care assistance payments, as well as the care and placement of the child in foster care. (7) The department shall charge fees to compensate the department for services rendered in establishment or enforcement of support obligations, including: (a) A twenty-five dollar (25.00) fee to be deducted each time child support is collected as a result of an income tax offset; and (c) A thirty-five dollar (550) of support in the federal fiscal year. History: [7-1203, added 1985, ch. 159, sec. 1, p. 419; am. 1986, ch. 221, sec. 11, p. 592; am. 1998, ch. 207, sec. 2, p. 734; am. 2025, ch. 201, sec. 1, p. 912.]
7-1206
TITLE 7 SPECIAL PROCEEDINGS CHAPTER 12 ENFORCEMENT OF CHILD SUPPORT ORDERS 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 the amount of the lien is equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars (2,000) and is at least three (3) months in arrears after the court order is finalized. Notice shall be provided to the non-custodial parent prior to the report being made, including the methods available for contesting the accuracy of the information. History: [7-1206, added 1998, ch. 207, sec. 4, p. 735; am. 2025, ch. 201, sec. 2, p. 913.]