Home Page   Services   About Us   Testimonials Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Idaho State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? Central Registry and seven (7) regional offices. A3. With what types of agencies do you have cooperative agreements? Idaho Medicaid, IVA, IV-E Foster Care, Title XIX Foster Care. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes. Idaho Code describes the representation of individuals is not the duty of the Idaho Attorney General's office and also explains that the Department of Health and Welfare is represented by the Attorney General's Office. A4.1. If yes, what is the statutory citation? Idaho Code 56-203c(2) and 67-1410 For Additional Information - http://www.legislature.idaho.gov/idstat/Title56 /T56CH2SECT56-203C.htm A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No. A4.3. If yes, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 7/1/1994   B2. What is the effective date of your State's UIFSA? 7/1/1994 B3. What is the statutory citation for your State's Act? Idaho Code, Section 7-1001 through 7-1052. For Additional Information - http://www3.state.id.us/cgi-bin/newidst?sctid=070100001.K B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 2001 B4.1. If your state has implemented the 2001 version, when was it implemented? Effective date: 7/1/07 B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Australia, Canada, England, Germany, Wales, Northern Ireland, C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No   C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? Yes   C2.1. If yes, list the Tribes and identify services provided, if less than full services. Nez Perce Indian Tribe. D. Age of Majority D1. What is the age of majority in your State? 18 years of age D2. What is the statutory citation for the age of majority? Idaho Code, Section 32-706 For Additional Information - http://www3.state.id.us/cgi-bin/newidst?sctid=320070006.K D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 years of age D3. Does the date of the order impact what law is applied? No   D4. If yes, please explain.   D4.1. Does child support end if the child leaves the household but does not emancipate? No   D5. Optional comments regarding emancipation.   D5.1. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes   D6. If yes, please explain. Until 19 years if still in high school. D6.1. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No   D7.1. If yes, please describe the procedure. Current support reduces only if the language in the order specifies that it reduces when one of the children emancipates. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? Any enforcement action must be commenced prior to the youngest child's 23rd birthday. E2. What is your State's statute of limitations for paternity establishment? 18 years. Idaho Code 7-1107 For Additional Information - http://www.legislature.idaho.gov/idstat/Title7 /T7CH11SECT7-1107.htm E3. Is dormancy revival/renewal possible? No   E3.1. Please explain the circumstances when possible, and the length of time possible.   F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Shared Income Model For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? No F2.1. If yes, please indicate the amount of interest charged and any related conditions. No F3. Does your State charge interest on retroactive support? No   F3.1. If yes, please indicate the amount of interest charged and any related conditions.   F4. Does your State charge interest on adjudicated arrears? No F4.1. If yes, please indicate the amount of interest charged and any related conditions. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No F5.1. If yes, under what circumstances? Only if the CP obtains a medical judgement, then we will enforce that judgement. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes   F6.1. If yes, what costs are recovered from/fees charged to the obligee? CP: $210 Temporary Support Order, $270 Support order by default, $450 Support Order Established by stipulation and/or acknowledgment, $525 Support Order Established, resulting from trial, $450 Modification order by stipulation, $525 Modification order by trial, $270 Modification order by default, $450 Contempt action by stipulation, $525 Contempt action by trial, $120 Subsequent Contempt action, $240 Paternity Complaint- alleged father excluded, $270 Fatherhood and/or support order by default, $450 Fatherhood and Support Establishment by agreement and/or acknowledgment prior to trial, $525 Fatherhood and Support Establishment by trial, $625 Appeals to local District Court, $100 hour for Legal services involving an attorney, $50 hour for legal services involving a paralegal, $25 for each Federal Tax Offset, $25 for each State Tax Offset, $25 Federal Collection fee charged to the NCP. Only the CP is charged for FTO or STO. F6.2. What costs are recovered from/fees charged to the obligor? NCP: All legal fees as listed above.If legal fees recovered from both, the CP is reimbursed. Only the CP is charged for FTO or STO. F7. Does your State recover costs on behalf of the initiating State? Yes   F7.1. Optional comments regarding recovering of initiating State's fees. Genetic Testing, Medical, in addition to attorney fees. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. UIFSA and Idaho Code Section 7-1004 For Additional Information - http://www3.state.id.us/cgi-bin/newidst?sctid=070100004.K F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes   F9.1. If yes, under what circumstances? Only in conjunction with enforcement of current child support. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. N/A F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? Retained Support F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No F11.3. Does your State collect the fee from the absent parent? Yes F11.4. Does your State pay the fee out of its own funds? No F12. When will your State implement the required DRA limited-assignment provision? 10/1/08 Idaho is continuing to follow PRWORA distribution F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? No F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue.   F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA Distribution F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Idaho statute 32-710A allows current support to be redirected to another payee after the court ordered payee/payor has been noticed in writing by certified mail. The court ordered payee/payor has 14 days to file a written objection with the court. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? State requirements are the same as the response for F17. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? State requirements are the same as the response for F17. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? The $25 annual fee is set as a fee debt. Collections are not applied to this fee debt until all other debts have been paid. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding orders or Wage Withholding orders. G2. What specific source of income is not subject to withholding? Unearned income: i.e. Social Security Supplement (SSI) For Additional Information - http://www.legislature.idaho.gov/idstat/Title32 /T32CH12SECT32-1202.htm G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes   G3.1. If yes, what are those limits? CCPA limits 50-65%. Idaho CSS policy limits withholding to 50% of disposable income. G4. What is the allowable fee per pay period for processing income withholding payments? $5.00 per levy. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32 /T32CH12SECT32-1210.htm G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Implement immediately. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Employer has seven (7) days from the date income was paid to remit the withheld wages. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Case is submitted to the Idaho Attorney General's office. G8. What is the penalty to an employer for failure to remit payments withheld? Up to $300 per violation. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No   G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. Send requests for attachment of unemployment benefits to Idaho Central Registry.Include Transmittal #1 which must contain the Name, DOB, SSN of each individual involved in the case. Also include a copy of the support order and the arrears calculation. G9.2. Optional comments regarding direct withholding of UI benefits across state lines. None. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? No   G10.1. Optional comments regarding direct withholding of WC benefits across State lines. Send requests for attachment of worker's compensation benefits to Idaho Central Registry.Include Transmittal #1 which must contain the Name, DOB, SSN of each individual involved in the case. Also include a copy of the support order and the arrears calculation. G11. How does an obligor contest income withholding in your State? Send a request, in writing, for Administrative Review to contest the income withholding order to Central Office, Boise, ID. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Current Support is met first, arrears second. If both orders include current support, distribution of monies is pro rated between the orders, based upon the current support obligation amounts for each family. If both cases include arrears, the distribution of arrears is pro rated between the cases, based on the percentage of the total amount of arrears. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes   G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32 /T32CH12SECT32-1210.htm G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Yes, state and federal taxes. G14. When does your state require the employer to send notice of an employee's termination? No specific date. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? The IWO should be retained until a cancelation of the IWO is issued. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes. The obligor can make on-line payments through our public website. G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Yes. Idaho employers and some financial institutions will accept direct withholding. Idaho Dept of Labor, State Insurance Fund and State Controller's office (liens) will not accept direct withholding. Other states must send a request for limited services through Idaho Central Registry. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32 /T32CH12SECT32-1210.htm G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Child support has priority over medical support. Based on Idaho Child Support policy For Additional Information - http://dhwportalp1/portals/manuals/selfreliance/cs/css.htm H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No   H1.1. If yes, please explain.   H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 98% For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH11SECT7-1116.htm H3. Optional comments regarding paternity acknowledgment conclusive legislation. Conclusive after 60 days. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 7/1/1996   H4.1. Were acknowledgments prior to that effective date rebuttable? Yes   H4.2. Optional comments regarding paternity acknowledgments prior to that date. Acknowledgments filed prior to 7/1/94 were neither a presumptive or conclusive finding of paternity. These acknowledgments require paternity to be established. Acknowledgments filed between 7/1/94-6/30/96 established a presumptive finding of paternity. These acknowledgments will never become a conclusive finding of paternity without a subsequent court order. Acknowledgments filed from 7/1/96-6/30/98--Conclusive finding after 6 month rescission period. Acknowledgments filed after 7/1/98-Conclusive finding after 60 day rescission period. H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? Genetic Testing H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No   H6.1. If no, briefly explain. Depends on what means the father's name was placed on child's birth certificate. Marriage--Presumptive finding of paternity. Acknowledgments: Prior to 7/1/94--No finding of paternity. 7/1/94-6/30/96--Presumptive finding of paternity. 7/1/96-6/30/98--Conclusive finding after 6 month rescission period. After 7/1/98-Conclusive finding after 60 day rescission period. Id Paternity Orders--Conclusive after 6 months from order file date. For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH11SECT7-1106.htm H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain. For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH11SECT7-1106.htm H8. Does your State have a putative fathers' registry? Yes     H8.1. If yes, what is the name of that entity? Bureau of Vital Statistics & Health Policy H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. If the request is made through Idaho Child Support and Idaho Child Support is currently involved in the casel. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. Idaho will recognize a common law marriage valid under the law of the state where the marriage occurred. Common law marriages can no longer be established in Idaho. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/ T32CH2SECT32-201.htm H10.2. When did your current common law standard go into effect? 1/1/1996   H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? Common Law Marriage was recognized until 1/1/96. Prior to that date, if you were holding yourself out as married, you were considered common law married. H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Idaho courts allow a custodial parent and/or other witness to give written testimony, video taped testimony, teleconferencing or personal appearance. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. UIFSA and Idaho Code Section 7-1004 For Additional Information - http://www3.state.id.us/cgi-bin/newidst?sctid=070100004.K H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. As the responding state, Idaho will enforce all court ordered (child support) judgments. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Acknowledgment of paternity. Claimed married at time of birth. Paternity order. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 07/01/1998     H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One packet with a paternity affidavit for each child. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Judicial process. However, the parents may stipulate, saving attorney fees. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? Idaho statute does not allow establishment of support administratively. I1.2. Under what circumstances would the judicial process be used? All circumstances. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH10SECT7-1035PrinterFriendly.htm I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The NCP and the CP's income are considered when determining current support obligation For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? The Idaho Rules of Civil procedure, Child Support Guidelines, require the court to make a specific finding that application of the guidelines is inappropriate in a particular case. For Additional Information - http://www.isc.idaho.gov/rules/icsg08.doc I4. Will your State establish support orders for prior periods? Yes     I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? 3 years retroactive from the filing date of the court action. I4.2. What information or documentation does your State require to proceed? Specific time periods and grant amounts of cash assistance. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Yes. 3 years retroactive from the filing date of the court action. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Administrative processes are used for most enforcement actions i.e; License Suspension, FIDM, Income Withholding. For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH14.htm I6. What is your State's statutory authority for the administrative process? License Suspension: http://www.legislature.idaho.gov/idstat/Title7/T7CH14.htm Income Withholding:http://www.legislature.idaho.gov/idstat/Title32/T32CH12SECT32-1207.htm FIDM:http://www.legislature.idaho.gov/idstat/Title32/T32CH16.htm Lien:http://www.legislature.idaho.gov/idstat/Title7/T7CH12SECT7-1206.htm For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH12SECT7-1206.htm I7. Is there a local State law that allows an interstate administrative subpoena? No. For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? Modification if the order states that the support is reserved. Establishment if support is not mentioned. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative. J2. Is the lien process in your State judicial, administrative or both? Administrative. J2.1. What are the trigger criteria for filing a lien? $2,000 arrearage or 90 days past due For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH12SECT7-1206.htm J2.2. Where are your State liens filed? Secretary of State's Office. Requests for statewide liens must go through Idaho Central Registry. Include:Name, DOB, SSN of each individual involved in the case. Also include a copy of the support order and the arrears calculation. J2.3. Does your State charge a fee for filing a lien? No   J2.4. If yes, please indicate the amount.   J.3. Does your State enforce property seizure and sale? Yes   J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Administrative. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? Simultaneously when the account is frozen. J4.2. Does your State's income withholding definition includes amounts in financial institutions? Yes   For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? State J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Simultaneously when the account is frozen. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? $2,000 minimum delinquency or 90 days past due, whichever is less. Different account types have different minimum balances needed before account qualifies for seizure. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? $2,000 minimum delinquency or 90 days past due, whichever is less. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? No. J5.3. 1. If yes, please provide the time frame.   J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No   J5.4.1. If yes, please provide the percentage.   J5.4.2. Is the percentage different for joint accounts? Yes J5.4.3. If yes, please define. Yes. Joint accounts are retricted to 50%. J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. Yes. Checking accounts: $1000, Savings accounts:$500, IRA:$500, CD:$500, Money Market accounts:$500. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? State. J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? Fourteen (14) days to request an administrative hearing. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? Thirty five (35) days to appeal with District Court. J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? The amount of the arrears; or The validity of the order; or The extent of the obligor's interest in the asset; or The amount which qualifies as a homestead exemption. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Both J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Judicial. J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 14 days from receipt of notice to request administrative hearing. 35 days to appeal administrative hearing results.Recourse for non-debtor to be determined. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized and somewhat automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile?   J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? Yes   J5.16.1. If yes, what is the amount? Balance of debt must be at least $2000 in arrears or 90 days accrued support, whichever is less. Accounts must meet minimum balance to qualify for seizure. J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No   J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. None available. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/T32CH16.htm J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? After 14 days the financial institution is notified to release the account or to send the funds to the state. If the State does not notify the financial institution after 76 days, the financial institution must release the account. For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes   J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative. Workers Comp, income tax, unemployment benefits, Idaho Lottery, Idaho Employees Retirement Funds. J7. Please describe any other administrative enforcement procedures your State may have. Statewide Lien filing, FIDM, License Suspension, Income Withholding, attaching unemployment and workers compensation benefits. J8. Please describe any other judicial enforcement procedures your State may have. Garnishment and Criminal Contempt. J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Send Interstate request to: Idaho Central Registry P.O. Box 83720 Boise, ID 83720-0036 For Additional Information - http://www.legislature.idaho.gov/idstat/Title7/T7CH12SECT7-1206.htm J10. Which of our State's enforcement remedies are available without registration? State Tax offset, Federal Tax offset, Wage Withholding, Unemployment benefits, Worker's Comp, License Suspension, FIDM and Liens. J11. Describe your State's registration and enforcement procedures. UIFSA, Idaho Code Section 7-1036. Certified copy of foreign order sent to Idaho court. Court registers; notifies non custodial parent. NCP has the right to request a hearing within 20 days of service. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes   J13.1. If yes, please provide the statutory citation. Idaho Code 10-1301 thru 10-1308 For Additional Information - http://www.legislature.idaho.gov/idstat/Title10/T10CH13SECT10-1301.htm J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No. Some financial institutions will accept direct seizure and some will not. If the financial institution does not accept direct, send to Idaho Central Registry. J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal #1, copy of order and arrears calculation. J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? Equifax, TransUnion, Experian, Innovis. J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Idaho reports when we are the initiating state. Idaho does not report when we are the responding state. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Idaho reports if the obligor is current or if the obligor is in arrears and if so, how much. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 3 years. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? On request of NCP or CP. In TANF cases, automatically. K3. Briefly describe your State's modification procedure. Administrative review; notice of intent to review, request for income information, notice of findings, judicial proceedings to modify. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? A substantial or material change in circumstances. Change in custody, extraordinary medical expenses. Increase/decrease must be $50 or more per month. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes   K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. No   K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Disability of a parent. K6. Does your State have cost of living adjustments (COLAs)? Yes   K6.1. If so, what index does your State use? Not automatic. Only when the order specifically states. CPI-West Urban Consumers K7. How does your State credit SSA disability to current and past due support? Credit current support accrual for the amount of the child's monthly dependant benefit. Apply excess benefit amount towards arrears back to the date of disability. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. Yes     K8.1. If yes, please explain the situation? Idaho follows abatement language as written in the order. NCP can file for abatement when child resides with the NCP for more than 120 days. K8.2. What is the statutory citation for your abatement law? For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/T32CH7SECT32-709.htm K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. Enforcement: pay records or arrears calculations, orders. Establishment: affidavits, expended grant amounts and time periods, documents to support paternity establishment. Paternity: affidavits Modification: orders, pay records or arrears calculations, registration statement, consent to modify. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Make requests initially to the Idaho Central Registry. If Idaho has a case for the individuals we will be able to provide the requested documentation and the requesting state will not be charged. If Idaho does not have a case, the request will need to go through Idaho Vital Statistics at: http://www.healthandwelfare.idaho.gov/portal/alias__Rainbow/lang__en-US/tabID__3335/DesktopDefault.aspx. Idaho Vital Statistics will charge for any requested form. K9. What information is required to register an out-of-State order for enforcement/modification? Certified copy of order. L. Lump Sum Payments L1. Does your State define a lump sum payment? No L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?   L1.2 Provide the statutory citation. For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No   L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No   L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? Employers can voluntarily contact Idaho CSS by e-mail, fax or telephone. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. Idaho CSS responds immediately. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? No requirement. L7. Does your State use the income withholding order to attach the lump sum payment? Yes   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Idaho CSS uses the Federally approved Income Withholding order specifically designed to lump sum attachments. L8. Does your State use the lien/levy process to attach the lump sum payment? No   L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?   L9. What other documents does your State use to attach lump sum payments? Idaho CSS attaches bank accounts administrativly using Idaho CSS forms/orders. Idaho CSS attaches estates and other accounts using the judicial garnishment forms. L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No   L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? Up to 100%. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No   L11.1 If yes, would the employer only withhold for that period's obligation?   M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No     M2.1. If yes, provide the statutory citation For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. No requirements at this time. M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. No requirements at this time. M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? No limitation to specific claimants or types of claims. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. Yes. Idaho matches electronically via interface with the Federal Case Registry (FCR) for insurance settlements. $500 balance on Non-TANF arrears. $150 balance on TANF arrears. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). No requirements at this time. M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). No requirements at this time. M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. No. For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? Yes. Insurers are protected under Idaho's Income Withholding Statute. M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No proposed or introduced legislation at this time. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/T32CH12SECT32-1207.htm M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Yes, under Idaho's Income Withholding Statute. M3.1. Please provide the statutory citation. Idaho Code 32-1210 For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/T32CH12SECT32-1207.htm M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). In most cases Idaho uses a direct income withholding order for lump sum attachments. If refused, Idaho will file garnishment action with the courts. M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? Idaho Child Support. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. Idaho Code 32-1210 For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/T32CH12SECT32-1207.htm M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. Yes, 14 days to appeal. For Additional Information - http://www.legislature.idaho.gov/idstat/Title32/T32CH12SECT32-1207.htm M6. Are there attorney fees associated with the insurance intercept activity? No. Idaho's process is administrative. M7. How does another State initiate and intercept collections from your State Workers Compensation agency? Idaho uses Income Withholding administrative process to attach State Workers Compensation. M7.1. What is the process, the points of contact, and what forms must be completed? Send request to Idaho Central Registry. Include Transmittal #1, copy of support order and arrears calculation. Idaho sets up a limited services case to attach insurance settlements. An income withholding order is issued to the insurer. Dedicated To Enforcing Your Support Order.
		Home | Services | About | Testimonials | FAQ | State Law | Links | Free Services Support Info | Contact Us | Sitemap © Copyright 2009 The Law Office of Ronn Bisbee