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Idaho State Profile |
Updated on 22 Aug 2007
Certified on 04 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
Central Registry and seven (7) regional offices. |
| A3. With what types of agencies do you have cooperative agreements? |
Idaho Medicaid, IVA, IV-E Foster Care, Title XIX Foster Care. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
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| A4.1. If so, what is the statutory citation? |
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| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
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| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
7/1/1994 |
| B2. What is the effective date of your State's Act? |
7/1/1994 |
| B3. What is the statutory citation for your State's Act? |
Idaho Code, Section 7-1001 through 7-1052.
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
Effective date: 7/1/07 |
| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Australia, Canada, England, Germany, Wales, Northern Ireland, Mexico (Referrals/Payments thru Consulate of Utah). |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
Yes |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
Nez Perce Indian Tribe. |
D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 years of age |
| D2. What is the statutory cite for the age of majority? |
Idaho Code, Section 32-706
For Additional Information - Click Here |
| 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 impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
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| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, 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 other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
Current support reduces only if the language in the order specifies that it reduces when one of the children emancipates. |
E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
Any enforcement action must be commenced prior to the youngest child's 23rd birthday. |
| E2. What is your State's statute of limitations for paternity establishment? |
18 years |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
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F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared Income Model |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| 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. |
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| 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. |
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| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
No |
| F5.1. If so, under what circumstances? |
Unless the CP obtains a medical judgement, then we will enforce that judgement. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
CP: $210 Temporary Support Order, $270 Support order by default, $450 Support Order Established by stipulation and/or acknowledgment, $525 Support Order Established, resulting from trial, $450 Modification order by stipulation, $525 Modification order by trial, $270 Modification order by default, $450 Contempt action by stipulation, $525 Contempt action by trial, $120 Subsequent Contempt action, $240 Paternity Complaint- alleged father excluded, $270 Fatherhood and/or support order by default, $450 Fatherhood and Support Establishment by agreement and/or acknowledgment prior to trial, $525 Fatherhood and Support Establishment by trial, $625 Appeals to local District Court, $100 hour for Legal services involving an attorney, $50 hour for legal services involving a paralegal, $25 for each Federal Tax Offset, $25 for each State Tax Offset, $25 Federal Collection fee charged to the CP. Only the CP is charged for FTO, STO or Federal Collection fee. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
NCP: All legal fees as listed above.If legal fees recovered from both, the CP is reimbursed. Only the CP is charged for FTO, STO or Federal Collection fee. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Genetic Testing, Medical, in addition to attorney fees. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
UIFSA and Idaho Code Section 7-1004
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Only in conjunction with enforcement of current child support. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding orders or Wage Withholding orders. |
| G2. What specific source of income is not subject to withholding? |
Unearned income: i.e. Social Security Supplement (SSI)
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
CCPA limits 50-65%. Idaho CSS policy limits withholding to 50% of disposable income. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$5.00 per levy. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Implement immediately. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Employer has seven (7) days from the date income was paid to remit the withheld wages. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Case is submitted to the Idaho Attorney General's office. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Up to $300 per violation. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
Send requests for attachment of unemployment benefits to 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. |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Send requests for attachment of worker's compensation benefits to Idaho Central Registry.Include Name, DOB, SSN of each individual involved in the case. Also include a copy of the support order and the arrears calculation. |
| G11. How does an obligor contest income withholding in your State? |
Send a request, in writing, for Administrative Review to contest the income withholding order to Central Office, Boise, ID. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Current Support is met first, arrears second. If both orders include current support, distribution of monies is pro rated between the orders, based upon the current support obligation amounts for each family. If both cases include arrears, the distribution of arrears is pro rated between the cases, based on the percentage of the total amount of arrears. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Yes, state and federal taxes. |
| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
The IWO should be retained until a cancelation of the IWO is issued. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
|
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes. Idaho employers and some financial institutions. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child support has priority over medical support. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
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| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
98% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
Conclusive after 60 days. |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
7/1/1996 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Acknowledgments filed prior to 7/1/94 were neither a presumptive or conclusive finding of paternity. These acknowledgments require paternity to be established. Acknowledgments filed between 7/1/94-6/30/96 established a presumptive finding of paternity. These acknowledgments will never become a conclusive finding of paternity without a subsequent court order. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Genetic Testing |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Evidence only. In Idaho, punitive father must sign acknowledgment of paternity or obtain an court order to have name placed on child's birth certificate. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
|
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Bureau of Vital Statistics & Health Policy |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
If the request is made through Idaho Child Support and Idaho Child Support is currently involved in the casel. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Idaho will recognize a common law marriage valid under the law of the state where the marriage occurred. Common law marriages can no longer be established in Idaho. |
| H10.2. When did your current common law standard go into effect? |
1/1/1996 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
Common Law Marriage was recognized until 1/1/96. Prior to that date, if you were holding yourself out as married, you were considered common law married. |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Idaho courts allow a custodial parent and/or other witness to give written testimony, video taped testimony, teleconferencing or personal appearance. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
UIFSA and Idaho Code Section 7-1004
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
As the responding state, Idaho will enforce all court ordered (child support) judgments. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
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| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
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| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One packet with a paternity affidavit for each child. |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial 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? |
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| I1.2. Under what circumstances would the judicial process be used? |
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| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The NCP and the CP's income are considered when determining current support obligation |
| 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. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
3 years retroactive from the filing date of the court action. |
| I4.2. What information or documentation does your State require to proceed? |
Specific time periods and grant amounts of cash assistance. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Yes. 3 years retroactive from the filing date of the court action. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Administrative processes are used for most enforcement actions i.e; License Suspension, FIDM, Income Withholding. |
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
|
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No. |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No. |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No. |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Modification if the order states that the support is reserved. Establishment if support is not mentioned. |
J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| 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 |
| J2.2. Where is 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 so, please indicate the amount. |
|
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Administrative. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Simultaneously when the account is frozen. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
Yes |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
State |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Simultaneously when the account is frozen. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
$2,000 minimum delinquency or 90 days past due, whichever is less. Different account types have different minimum balances needed before account qualifies for seizure. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$2,000 minimum delinquency or 90 days past due, whichever is less. |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
No. |
| J5.3. 1. If yes, please provide the time frame. |
|
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
|
| J5.4.2 . Is the percentage different for joint accounts? |
Yes |
| J5.4.3. If yes, please provide the amount. |
Yes. Joint accounts are retricted to 50%. |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
Yes. Checking accounts: $1000, Savings accounts:$500, IRA:$500, CD:$500, Money Market accounts:$500. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
State. |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Fourteen (14) days to request an administrative hearing. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
Thirty five (35) days to appeal with District Court. |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
The amount of the arrears; or The validity of the order; or The extent of the obligor's interest in the asset; or The amount which qualifies as a homestead exemption. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Both |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
Judicial. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
14 days from receipt of notice to request administrative hearing. 35 days to appeal administrative hearing results.Recourse for non-debtor to be determined. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized and somewhat automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
|
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
Yes |
| J5.16.1. If yes, what is the amount? |
Balance of debt must be at least $2000 in arrears or 90 days accrued support, whichever is less. Accounts must meet minimum balance to qualify for seizure. |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
After 14 days the financial institution is notified to release the account or to send the funds to the state. If the State does not notify the financial institution after 76 days, the financial institution must release the account. |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Administrative. Workers Comp, income tax, unemployment benefits, Idaho Lottery, Idaho Employees Retirement Funds. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
|
| J8. Please describe any other judicial enforcement procedures your state may have. |
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| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Send Interstate request to: Idaho Central Registry P.O. Box 83720 Boise, ID 83720-0036
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
State Tax offset, Federal Tax offset, Wage Withholding, Unemployment benefits, Worker's Comp, License Suspension, FIDM and Liens. |
| J11. Describe your state's registration and enforcement procedures. |
UIFSA, Idaho Code Section 7-1036. Certified copy of foreign order sent to Idaho court. Court registers; notifies non custodial parent. NCP has the right to request a hearing within 20 days of service. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
|
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Idaho Code 10-1301 thru 10-1308
For Additional Information - No Link Provided |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. Some financial institutions will accept direct seizure and some will not. If the financial institution does not accept direct, send to Idaho Central Registry. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Transmittal #1, copy of order and arrears calculation. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every 3 years. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
On request of NCP or CP. In TANF cases, automatically. |
| K3. Briefly describe your State's modification procedure. |
Administrative review; notice of intent to review, request for income information, notice of findings, judicial proceedings to modify. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
A substantial or material change in circumstances. Change in custody, extraordinary medical expenses. Increase/decrease must be $50 or more per month. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
|
| K6. Does your State have cost of living adjustments (COLAs)? |
Yes |
| K6.1. If so, what index does your State use? |
Not automatic. Only when the order specifically states. CPI-West Urban Consumers |
| K7. How does your state credit SSA disability to current and past due support? |
Credit current support accrual for the amount of the child's monthly dependant benefit. Apply excess benefit amount towards arrears back to the date of disability. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
|
| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Enforcement: pay records or arrears calculations, orders. Establishment: affidavits, expended grant amounts and time periods, documents to support paternity establishment. Paternity: affidavits Modification: orders, pay records or arrears calculations, registration statement, consent to modify. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Make requests initially to the Idaho Central Registry. If Idaho has a case for the individuals we will be able to provide the requested documentation and the requesting state will not be charged. If Idaho does not have a case, the request will need to go through Idaho Vital Statistics at: http://www.healthandwelfare.idaho.gov/portal/alias__Rainbow/lang__en-US/tabID__3335/DesktopDefault.aspx. Idaho Vital Statistics will charge for any requested form. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Certified copy of order. |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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