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Idaho State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Six (6) regional offices and the Business Office.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Idaho Code 56-203c(2) and 67-1410
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Title 7 Chapter 10
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One set

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Idaho does not have any state-level reciprocal agreements in place with any foreign countries.
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 Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Nez Perce Indian Tribe, Coeur d'Alene Indian Tribe and Shoshone Bannock Indian Tribe.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

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
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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
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Until 19 years if still in high school.
D7. 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 otherwise 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.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No
D8.1 If not, how does this affect interstate referrals?
We accept referrals from other states for arrears only.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
For any order entered on or after July 1, 2015, the judgment is valid until the youngest child on the order reaches the age 28 or 10 years after the death, emancipation or termination of rights, whichever occurs first, unless the judgment is renewed. For orders prior to July 1, 2015, the judgment is valid until the youngest child on the order reaches the age 23 or 5 years after the death, emancipation or termination of rights, whichever occurs first, unless the judgment is renewed.
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E2. What is your State's statute of limitations for paternity establishment?
18 years. Idaho Code 7-1107
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Arrears are reduced to a judgment that must be renewed every 10 years. If the arrears are not reduced to a judgment, then the order must be renewed prior to the youngest child's 28th birthday. If the order is not renewed, then the debt is past statute on the youngest child's 28th birthday.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income Model
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
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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.
N/A
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.
N/A
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
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 or 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. If yes, what costs are recovered from or fees charged to the obligor?
NCP: All legal fees as listed above. Genetic testing fees: $35.00 per person 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?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
N/A
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
UIFSA and Idaho Code Section 7-1004
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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, AT-11-07)
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 people who never received IV-A assistance?
Retained Support
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
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 did your state implement the required Deficit Reduction Act (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
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
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. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA Distribution
F17. What are your state's 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.
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F17.1. What are your state's 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.
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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.
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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.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Legal fees, service fees, genetic testing fees
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Unearned income: i.e. Social Security Supplement (SSI)
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
CCPA limits 50-65%. Idaho CSS policy limits withholding to 50% of disposable income.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$5.00 per levy.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Implement immediately.
G5. 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.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Case is submitted to the Idaho Attorney General's office.
G7. What is the penalty to an employer for failure to remit payments withheld?
Up to $300 per violation.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
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.
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G8.2. What documents are required to intercept UI benefits?
Idaho needs 1 copy of the transmittal (if requesting limited services for unemployment benefit attachment only specify that on the "other" line), 1 copy of the financial record and 1 copy of each order.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. 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.
G10. 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 Idaho Central Registry PO Box 83720 Boise, ID 83720
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes, state and federal taxes.
G13. When does your state require the employer to send notice of an employee's termination?
No statutorial requirement.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating 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.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. 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.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer: A direct income withholding order may be sent to any public, private or other income payer to attach earnings. Limited Services requests to Idaho Central Registry must be made for any other income source.
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G18. 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
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
98%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Conclusive after 60 days.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1996
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.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Genetic Testing
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
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.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Bureau of Vital Statistics & Health Policy
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
If the request is made through Idaho Child Support and Idaho Child Support is currently involved in the casel.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
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.
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H11. Is common-law marriage recognized in your state?
H11.1. If yes, briefly describe the standard that defines common-law marriage.
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.
H11.2. When did your current common-law standard go into effect?
H11.3. 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?
UIFSA and Idaho Code Section 7-1004
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
As the responding state, Idaho will enforce all court ordered (child support) judgments.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Idaho will enforce/collect on a judgment for genetic testing fees for another state.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
One packet with a paternity affidavit for each child.
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?

I. Support Order Establishment

I1. Does your state use an administrative, 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 a judicial process would be used?
All circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The NCP and the CP's income are considered when determining current support obligation
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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.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
In private actions, the court may order support retroactive to the date of the filing of the complaint/petition. The state is limited to request support back to the date of filing of the complaint/petition.
I4.2. What information or documentation does your State require to proceed?
N/A
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Limited to filing the complaint/petition.
I5. What actions can your state perform using the administrative process? For example, 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.
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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
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I7. Is there a local state law that allows an interstate administrative subpoena?
No.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to 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 now be ordered, should the other state request an establishment or a modification?
Modification if the order states that the support is reserved. Establishment if support is not mentioned.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Idaho will modify the order for the other parent to provide support when there is a physical custody change, as long as the order being modified did not specify custody. Orders that do not specify custody are those established by our Department or a private order that provides for shared physical custody.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Idaho only requires the new custodial parent to obtain legal custody when there is language in the order that gives the other parent physical custody.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses Cash medical support
I17. Please provide the relevant statutory or case law citation. **
The child emancipates before the normal duration The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else The child marries The child is adopted by someone other than the non-custodial parent The child has been removed from the family and is a civil ward of the state The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
I18.1 If yes, indicate the appropriate responses. **

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
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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.
N/A
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 an 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 include amounts in financial institutions?

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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the 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 delinquent dollar amount that makes an obligor eligible for asset seizure?
$2,000 minimum delinquency or 90 days past due, whichever is less.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
Yes
J5.4.3. If yes, describe.
Yes. Joint accounts are retricted to 50%.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, 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 or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Fourteen (14) days to request an administrative hearing.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 holder challenge 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.
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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 is 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?
N/A
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
None available.
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your 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. 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. 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 PO Box 83720 Boise, ID 83720
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
State Tax offset, Federal Tax offset, Wage Withholding, Unemployment benefits, Worker's Comp, License Suspension, FIDM and Liens.
J11. Describe your state's procedures for registering and enforcing another state's order.
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. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
Idaho Code 10-1301 thru 10-1308
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Overdue support exceeding two thousand dollars ($2000) and is at least three (3) months in arrears
J15. To which credit bureaus does your state report an obligor's child support information?
Equifax, Transunion, Experian, Innovis.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
Liens, FIDM, Worker's comp, State lottery, State Income Tax, and Unemployment Benefits.
J22. How many copies/sets of documents does your state require with an AEI request?
Send requests for AEI attachments 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.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Idaho processes AEI requests manually as we do with all other intergovernmental requests for services. Once processed, the attachment of any of the various asset holders is electronic between the Idaho Child Support mainframe and the automated system of the asset holder.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Some financial institutions will accept direct seizure and some do not. If the financial institution does not accept direct seizure, send a referral to Idaho Central Registry requesting FIDM action.
J25. What is the procedure for obtaining a certified copy of a court order?
Certified copies must be requested directly from the Idaho County by following the link https://isc.idaho.gov/main/local-district-courts
J26. What is the procedure for obtaining a certified payment record?
Contact the Idaho Central Registry to obtain a certified copy of the payment record from our system.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No cost from Idaho Child Support for payment records.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Idaho does not have exemptions for low income unless the NCP is receiving SSI benefits.
J29. What triggers a driver's license revocation?
When a debt meets the threshold of $2000 arrears or 90 days of current support accrual without payment.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes, when a debt meets the threshold in J29, the automated system triggers an alert to the worker to review case and issue a certified Notice of Intent to the NCP.
J29.2 If yes, what is the amount?
A debt qualifies when the arrears balance is $2000 or current support accrual is at least 90 days delinquent.
J30. Under what conditions may a noncustodial party restore the driver's license?
Pays the arrears in full; or Pays current support and enters into a repayment agreement; or Qualifies for exemption
J30.1 What is the process for restoring a driver's license?
Our License Suspension Unit keys information to release the suspension in our system which triggers an e-mail to the Idaho Department of Transportation. IDOT issues a letter to the NCP to pay the reinstatement fee to IDOT. Once that fee is paid, IDOT fully reinstates the license.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
N/A
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
We have an automated real time interface with the Department of Transportation that provides license information. Idaho has dedicated staff that evaluate cases that qualify for license related enforcement actions.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
$500 or more owed for non-TANF/TAFI, $150 or more owed for TANF/TAFI
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
$500 or more owed for non-TANF/TAFI, $150 or more owed for TANF/TAFI
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Credit would only be given if stated in the court order.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
On request of NCP or CP. In TANF cases, automatically.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Administrative review; notice of intent to review, request for income information, notice of findings, judicial proceedings to modify.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
NCP becomes disabled.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
Not automatic. Only when the order specifically states that credit will be given up to the amount the child receives due to the NCP disability.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Only when court ordered to provide abatement.
K7.2. What is the statutory citation for your abatement law?
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.
For Additional Information - No Link Provided
K7.3. What documents does your state require 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.
For Additional Information - exit disclaimer
K7.4. What information does your state need 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: Idaho Vital Statistics will charge for any requested form.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
One (1) certified copy of the order.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
There is no Statue. However, we will continue to collect at the same rate unless contacted by the NCP to negotiate a different amount.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
There is no Statue. However, we will continue to collect at the same rate unless contacted by the NCP to negotiate a different amount.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else The child marries The child is adopted by someone other than the non-custodial parent The child has been removed from the family and is a civil ward of the state The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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, give the statutory citation or rule.

For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments 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?
L4. How are employers instructed to report a pending lump sum?
Employers can voluntarily contact Idaho CSS by e-mail, fax or telephone.
L5. What is 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. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Garnishment, Affidavit/States Interest of Garnishment, Letter to the Court -Garnishment, Letter to the Sheriff, Writ of Execution - Child Support.
L8. What other documents does your state use to attach lump sum payments?
Income Withholding Order Idaho CSS attaches bank accounts administratively using Idaho CSS forms/orders. Idaho CSS attaches estates and other accounts using the judicial garnishment forms.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
Up to 100%.
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Wells Fargo.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
US Bank.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No.
L13.1 If so, are there fees involved?
Yes.
L14. What are the fees associated with using the card?
Monthly fee $0 Per Purchase fee $0 ATM Withdrawal fee $0(In-network)$1.25(Out-of-Network) ATM Balance Inquiry $0 (Both In-Network and Out-of-Network) Customer Service $0 fee (automated or live agent) Inactivity $2.00 per month(after 365 days with no completed transaction) Card Replacement - $0 fee standard delivery, $15.00 expedited delivery
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location Payment may be made by preauthorized withdrawal from a financial institution account Payments may be made by income withholding Payments may be made by check or warrant Payments may be made by credit card
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check Payments may be by electronic funds transfer
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority All payments are processed upon receipt
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
Idaho does not have an International Bank

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
No requirements at this time.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
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. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
No requirements at this time.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
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?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes, under Idaho's Income Withholding Statute.
M3.1. Provide the statutory citation.
Idaho Code 32-1210
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Idaho Code 32-1210
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, 14 days to appeal.
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
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?
Idaho has an interface with Idaho Department of Labor. When an ncp client matches with a client who has an open claim, Idaho CSS issues an income withholding order to attach.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes