Idaho State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| Three (3) regional offices and a Business Office |
| 2. What is the name of your IV-D agency? |
| Idaho Department of Health and Welfare, Division of Welfare |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Both. Idaho uses judicial to establish and modify support orders. Idaho uses administrative to enforce support orders, with the exception of contempt, which is judicial.
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| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, all three applications are used. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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18 years of age, unless the order specifies additional provisions.
Idaho Code, Section 32-706
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
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18 years of age
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
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No
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| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
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Yes, the order would specify the criteria to allow continued support.
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| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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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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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No, the order would need to include specific step down amounts. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| No |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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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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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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Age of Majority (18), a proceeding to establish paternity of the child under may be instituted either before or after the birth of the child but must be instituted before the child reaches the age of majority as defined in section 32-101, Idaho Code.
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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Yes, a renewed child support order would be required and will allow for an additional 10 years of enforcement.
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4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
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Shared Income Model.
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| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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Yes. Current legal rate of interest is 5.125% per the State Treasurer. This rate is good through June 30 and then will be reviewed and updated. https://sto.idaho.gov/Banking/Legal-Rate-of-Interest
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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No.
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, if outlined in the Order and states that debt will be paid through child support receipting
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| Yes, if outlined in the Order and states that debt will be paid through child support receipting |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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A redirect notice would need issued to the parents notifying them of the redirect. The parties have 14 days from the notice to file an objection with the IV-D agency. See Idaho Code 32-710A.
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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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No
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| 7. 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? |
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No
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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
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Yes, if the child support Order provides for the offset.
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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Yes, in cases where a parent has 25% or less of the overnights, the Court Order may reduce the amount of support if a parent has the child for fourteen (14) consecutive days or more. Interim visitation of two (2) days or less with the other parent will not defeat abatement of child support during extended visits.
If the Order allows for credit, the NCP or CP customer can complete a visitation abatement form/calendar confirming dates of the visitation. If visitation dates align with what is allowable per the Order, the credit is granted at the percentage rate outlined. Visitation credit for is located on the Idaho CSS Website.
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5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
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No.
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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98%
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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Conclusive after 60 days.
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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Yes, presumption can be rebutted by requesting genetic testing.
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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No. 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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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| No. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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Bureau of Vital Statistics & Health Policy.
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| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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If there is an open interstate connection with the requesting IV-D agency, there are no fees charged if provided by Idaho's IV-D agency. Idaho can provide the paternity acknowledgment, birth certificate, filiation documents, and/or genetic testing results. If there is not an open interstate connection, the requesting IV-D agency will need request these documents direction from Idaho Vital Statistics and pay the fee required.
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| 9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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Yes.
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| 9.1. Describe any circumstances under which these fees may be waived? |
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If the request is made through the IV-D agency and an active interstate referral is opened with the requesting state.
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No. https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH2/SECT32-201/ |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| 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. |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| One packet with a paternity affidavit for each child. |
6. Support Order Establishment
| 1. 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. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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Idaho statute does not allow establishment of support administratively.
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
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All circumstances.
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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Only the income of the parents are considered when determining current support obligation.
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| 2.1. What documentation is required as proof/evidence of this information? |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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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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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
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No. The State is limited to request support back to the date of filing of the complaint/petition.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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N/A
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| No. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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Limited to filing the complaint/petition.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
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No.
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| 5.1. What about when public assistance is not being expended? |
| No. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
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Modification if the order states that the support is reserved. Establishment if support is not mentioned.
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| 7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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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.
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.
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7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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Unearned income: i.e., Social Security Supplement (SSI), Federal Work Study, or Veteran's disability benefits.
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
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No, Idaho limits withholding to 50% of disposable income.
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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Yes, CCPA limits 50-65%. Idaho limits withholding to 50% of disposable income.
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| 2.2. What are the withholding limits for non-employees? |
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Idaho limits withholding to 50% of disposable income.
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| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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$5.00 per levy.
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No.
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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Yes, 10 days after the date of service.
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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Implement immediately.
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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Employer has seven (7) days from the date income was paid to remit the withheld wages.
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
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Case is submitted to the Idaho Attorney General's office.
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
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Up to $100 per violation.
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| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
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No.
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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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. In addition, the other state must include 1 copy of the financial record, and 1 copy of each Order.
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| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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Employer: A direct income withholding order may be sent to any public, private or other income payer to attach earnings.
Limited Services requests to the Idaho Central Registry must be made for any other income source.
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| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| Limited Services requests to Idaho Central Registry must be made for any other income source. The limited-service request should include a Transmittal #1, 1 copy of the financial record, and 1 copy of each Order. |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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Send a request, in writing, for Administrative Review to contest the income withholding order to:
Idaho Central Registry
PO Box 83720
Boise, ID 83720
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| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| 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. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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Federal, state and local taxes, the individuals share of Social Security, Medicare, and unemployment insurance taxes, and contributions to a state employee retirement system as required by law.
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| 13. When does your state require the employer to send notice of an employee's termination? |
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No statutory requirement.
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| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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Current support is paid first.
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8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| No. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| PRWORA distribution |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| Idaho will provide garnishment, FIDM, Attachment of Workers Compensation Benefits, and or Attachment of Idaho Unemployment Benefits. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| Idaho requires a Transmittal #1 for any of the above actions, along with a copy of all orders and a certified payment history. |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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Overdue support exceeding two thousand dollars ($2000) and is at least three (3) months in arrears.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| Equifax, Transunion, Experian, Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| Yes, file a dispute the credit bureau. |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes, Overdue support exceeding two thousand dollars ($2000) and is at least three (3) months in arrears. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| No. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| No. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| Yes, Overdue support exceeding two thousand dollars ($2000) and is at least three (3) months in arrears. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| Yes, Overdue support exceeding two thousand dollars ($2000) and is at least three (3) months in arrears. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Administrative, unless an appeal is filed after administrative hearing, then the process is judicial. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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Yes. Trust or guardian accounts for individuals other than to benefit the obligor. Accounts where a minor child is the primary payee, and the NCP is a secondary owner. Any account which contains regular deposits due to Veterans Administration (VA) benefits or Social Security Administration income. Any account which contains regular deposits due to public assistance. Any account that the NCP is listed as a representative of any individual or an executor of an estate. Account is Payable on Death (POD).
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| Centralized. |
| 17. What are the criteria to attach an account in a financial institution 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. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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No.
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| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| Idaho requires a Transmittal #1 along with a copy of all Orders and a certified payment history |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
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No
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| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
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Yes. Both.
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| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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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.
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| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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Yes.
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| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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100 percent. If the account is shared with a spouse, the percentage remains at 100 percent. If it is a joint owned account, the percentages are prorated per owner.
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| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
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Asset withholding can be contested on the following grounds: The amount of arrears, validity of the Order, the extent of the obligors interest in the asset, and the amount which qualifies as a homestead exemption pursuant to Idaho Code
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| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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No
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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When support is $2,000 past due or three (3) months in arrears, whichever is less
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| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| Obligor signed a repayment agreement and made the first required payment. Obligor pays according to the terms of a repayment agreement or payment commitment for six consecutive months. Obligor provides good employment information and wage withholding order is issued. Obligor has custody of all the children under the Order. Obligor is receiving UIB. Contempt order is finalized, and the terms of the Contempt Order satisfy current support plus an amount towards the arrears, and the Obligor is in compliance with the Contempt Order. Contempt Order specifically orders reinstatement of the Non-Custodial Parents license. Obligor is under doctors care and is not released to work. Non Custodial parent is participating in Vocational Rehabilitation or other program due to a disability, regardless if the Obligor is enrolled in school. Valid exclusion existed prior to suspending the license and the Obligor filed to provide required documentation until after the suspension. Obligor paid off past due balances which qualify for license suspension or Obligor no longer financially qualifies for license suspension. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| Yes, the obligor may petition the Court for a temporary restricted license. Criteria includes temporary restricted license is necessary for the licensees employment purposes in order to meet child support obligations |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| When support is $2,000 past due or three (3) months in arrears, whichever is less. Idaho Occupational and Professional Licenses. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| Obligor signed a repayment agreement and made the first required payment. Obligor pays according to the terms of a repayment agreement or payment commitment for six consecutive months. Obligor provides good employment information and wage withholding order is issued. Obligor has custody of all the children under the Order. Obligor is receiving UIB. Contempt order is finalized, and the terms of the Contempt Order satisfy current support plus an amount towards the arrears, and the Obligor is in compliance with the Contempt Order. Contempt Order specifically orders reinstatement of the Non Custodial Parents license. Obligor is under doctors care and is not released to work. Non Custodial parent is participating in Vocational Rehabilitation or other program due to a disability, regardless if the Obligor is enrolled in school. Valid exclusion existed prior to suspending the license and the Obligor filed to provide required documentation until after the suspension. Obligor paid off past due balances which qualify for license suspension or Obligor no longer financially qualifies for license suspension. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| Yes, the obligor may petition the Court for a temporary restricted license. Criteria includes: temporary restricted license is necessary for the licensees employment purposes in order to meet child support obligations |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| When support is $2,000 past due or three (3) months in arrears, whichever is less. Recreational licenses include Fishing and/or Hunting licenses. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| Obligor signed a repayment agreement and made the first required payment. Obligor pays according to the terms of a repayment agreement or payment commitment for six consecutive months. Obligor provides good employment information and wage withholding order is issued. Obligor has custody of all the children under the Order. Obligor is receiving UIB. Contempt order is finalized, and the terms of the Contempt Order satisfy current support plus an amount towards the arrears, and the Obligor is in compliance with the Contempt Order. Contempt Order specifically orders reinstatement of the NonCustodial Parents license. Obligor is under doctors care and is not released to work. NonCustodial parent is participating in Vocational Rehabilitation or other program due to a disability, regardless if the Obligor is enrolled in school. Valid exclusion existed prior to suspending the license and the Obligor filed to provide required documentation until after the suspension. Obligor paid off past-due balances which qualify for license suspension or Obligor no longer financially qualifies for license suspension. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
$2,000 arrearage or 90 days past due.
For Additional Information -
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| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Administrative. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes, administratively.
For Additional Information - No Link Provided |
| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes, administratively. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes, lottery. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative. |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| N/A |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Contempt |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every 3 years.
For Additional Information -
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| 2. What is your state's modification procedure? Briefly describe. |
|
Per the request of the CP or NCP. In TANF cases, the review is automatically completed every 3 years.
For Additional Information -
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
The case must change the current support order by 15% and $50.
For Additional Information -
|
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes.
For Additional Information -
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| 4.4. The cost of living has changed. |
| No. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| No. |
| 4.6. There has been a substantial change in childcare expenses. |
| No. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
A child emancipates and the Order does not address variable or step-down language, a customer is now incarcerated or receiving disability, the minor children are receiving disability on behalf of a parent, or a parent's income has changed.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Yes, Idaho Child Support reviews if the paying parent will be incarcerated for greater than 90 days.
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
Bonus payment" means wages paid for employment by an employer which are either: (1) Additional remuneration for meritorious service and not customarily paid to his employees at regular payroll intervals; or (2) Additional remuneration based upon production, length of service, or profits, which at the time paid covers service rendered in two (2) or more calendar quarters. Bonus payments shall be reported by employers as prescribed by rule.
For Additional Information - No Link Provided |
| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No.
For Additional Information - No Link Provided |
| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| Idaho can attach lump sum payments administratively through Income Withholding Orders. Idaho Child Support can attach to estates and other accounts using judicial garnishment forms (Notice of Garnishment, Affidavit/States Interest of Garnishment, Letter to Court, Letter to Sheriff, and Writ of Execution). |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| Yes. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| Fees charged to the Non-Custodial Parent (these fees can be waived if State benefits expended): $210 Temporary Support Order, $290 Support order by default, $470 Support Order Established by stipulation and/or acknowledgment, $545 Support Order Established, resulting from trial, $470 Modification order by stipulation, $545 Modification order by trial, $290 Modification order by default, $470 Contempt action by stipulation, $545 Contempt action by trial, $210 Contempt action, $240 Paternity Complaint - alleged father excluded, $290 Fatherhood and/or support order by default, $470 Fatherhood and Support Establishment by agreement and/or acknowledgment prior to trial, $545 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, $35 Federal Collection fee charged to the NCP. Genetic testing fees: $42 per person. Fees charged to the Custodial Parent (these fees can be waived if State benefits expended): $210 Temporary Support Order, $290 Support order by default, $470 Support Order Established by stipulation and/or acknowledgment, $545 Support Order Established, resulting from trial, $470 Modification order by stipulation, $545 Modification order by trial, $290 Modification order by default, $240 Paternity Complaint - alleged father excluded, $290 Fatherhood and/or support order by default, $470 Fatherhood and Support Establishment by agreement and/or acknowledgment prior to trial, $545 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, Only the CP is charged for FTO or STO, |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Yes, recovery costs are defined as attorney's fees, service fees, genetic testing fees, or any other fee that a State may charge the parties to enforce the case. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| 3.1. Is it retained by the state from support collected? |
| Yes. |
| 3.2. Is it paid by the individual applying for child support services? |
| No. |
| 3.3. Is it recovered from the noncustodial parent? |
| Yes. |
| 3.4. Is it paid by the state out of its state funds? |
| Yes. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
| Idaho does not participate in the insurance match program |
| 3. What process does your state use to intercept insurance payments? |
|
A direct lump sum withholding to the issuing agency or a legal proceeding to intercept the funds from the insurance company.
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
|
Send a transmittal for services.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| No |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes. |
| 3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Yes. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| No. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
Certified copies must be requested directly from the Idaho County.
For Additional Information -
|
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
Contact the Idaho Central Registry to obtain a certified copy of the payment record from our system. No cost from Idaho Child Support for certified payment records.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
Title 7 Chapter 10
For Additional Information -
|
| 2. How does your state define the tribunal (See UIFSA 103)? |
|
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. The district courts are the tribunals of this state.
(2) The Idaho department of health and welfare is the support enforcement agency of this state.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| One set. |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| No. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| Idaho does not have any state-level reciprocal agreements in place with any foreign countries. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes. |
19. International Information For Hague Convention Countries
| 1. 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).) |
|
Yes.
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No. |
| 3. What methods of personal service does your state use? |
| Documents that need to be served are forwarded to the county sheriff, public official, or private contractor. Parties may also accept service by signing an acceptance of service. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Childcare expenses, medical support, and transportation costs.
For Additional Information - No Link Provided |
| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| No. |
| 6. 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
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| Payments may be by check or via electronic funds transfer |
| 2. 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 and payments are processed upon receipt. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| No. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| NO. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
N/A
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No. |
