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HOUSE BILL NO. 410

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H0410........................................................by MR. SPEAKER
              Requested by: Department of Health and Welfare
CHILD SUPPORT - DELINQUENT - Amends and adds to existing law to provide a
lien upon real and personal property of a child support obligor who is
delinquent and to provide the conditions governing the lien.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Jud

Bill Text

H0410

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 410

                                      BY MR. SPEAKER
                      Requested by: Department of Health and Welfare

 1                                        AN ACT
 2    RELATING TO ENFORCEMENT OF CHILD  SUPPORT  ORDERS;  AMENDING  SECTION  7-1202,
 3        IDAHO  CODE,  TO  FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION;
 4        AMENDING SECTION 7-1203, IDAHO CODE, TO PROVIDE CORRECT REFERENCES AND  TO
 5        MAKE  A  TECHNICAL  CORRECTION;  REPEALING SECTION 7-1206, IDAHO CODE; AND
 6        AMENDING CHAPTER 12, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 7        7-1206, IDAHO CODE, TO PROVIDE A LIEN UPON REAL AND PERSONAL  PROPERTY  OF
 8        AN OBLIGOR WHO IS DELINQUENT AND TO PROVIDE CONDITIONS GOVERNING THE LIEN.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Section  7-1202, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        7-1202.  DEFINITIONS. As used in this chapter:
13        (1)   "Bureau" means the bureau of child support enforcement, depart-
14    ment of health and welfare of the state of Idaho.
15        (2)    "Child  support"  means  a  legally  enforceable   obligation
16    assessed  against an individual for the support of a child which shall include
17    medical care, including health insurance  premiums  for  the  child,  and  any
18    amount owing under an order for support during a period in which public assis-
19    tance was expended.
20          (3)  "Current  support"  means the present month's required support
21    pursuant to an order that is to  be  paid  in  increments,  excluding  amounts
22    ordered to satisfy a delinquency. 
23        (  4   2 )  "Delinquency" means unpaid support for a
24    minor child or spouse which has accrued under an order.
25         (3)  "Department" means the department of health and welfare. 
26        ( 5  4 )  "Obligee" means any person,  state  agency
27    or  bureau  entitled  by  order to receive child support payments or child and
28    spousal support payments.
29        ( 6  5 )  "Obligor" means any  person  obligated  by
30    order to pay child or spousal support.
31        (  7   6 )  "Order" means a judgment, decree, order,
32    or administrative ruling directing a person or persons to pay money  for  sup-
33    port of a minor child or a spouse.
34        (  8   7 )  "Income" means any form of payment to an
35    individual, regardless of source, including, but not limited to,  wages,  sal-
36    ary,  commission,  compensation  as  an independent contractor,  workers'
37      worker's  compensation, disability, veteran's  annuity  and
38    retirement  benefits,  and  any  other  payments  made  by any person, private
39    entity, federal or state government, any unit of local government, school dis-
40    trict or any entity created by a public act.
41         (9)  "Withholding order" means any order issued by the bureau order-
42    ing an employer to retain an amount of the obligor's income for child  support
43    or spousal support.


                                          2

 1        (10) "Spousal  support"  means  a  legally enforceable obligation assessed
 2    against an individual for the support of a spouse or former spouse who is liv-
 3    ing with a child or children for whom the individual also owes support.
 4        (11) "Employer" means any person, private entity, federal or state govern-
 5    ment, unit of local government, school district, or any entity  created  by  a
 6    public act who pays income to an individual. 

 7        SECTION  2.  That  Section  7-1203, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        7-1203.  AVAILABLE REMEDIES. In addition to other  remedies  available  to
10    the   bureau   department  or obligee, collection of any
11    delinquency from an obligor on behalf of  an  obligee  shall  be  accomplished
12    through any of the following means:
13        (1)  The    bureau   department  shall intercept and
14    withhold tax refunds to satisfy child support obligations pursuant to  section
15    56-203D, Idaho Code.
16        (2)  The    bureau   department  shall intercept and
17    withhold a portion of any unemployment benefit payable to an obligor  pursuant
18    to section 72-1365, Idaho Code.
19        (3)  The    bureau    department  shall administer a
20    program to withhold a portion of an obligor's income for the  benefit  of  the
21    obligee  pursuant  to  this  chapter  12, title 32, Idaho Code
22    .
23        (4)  The  bureau   department  shall  intercept  and
24    withhold a portion of any veteran's benefits payable to an obligor pursuant to
25    state or federal law.
26        (5)  The    bureau    department  shall attach, gar-
27    nish, or intercept and withhold a portion of any  workmen's   
28    worker's  compensation benefits which are payable to an obligor pursuant
29    to title 72, Idaho Code.

30        SECTION  3.  That  Section  7-1206, Idaho Code, be, and the same is hereby
31    repealed.

32        SECTION 4.  That Chapter 12, Title 7, Idaho Code,  be,  and  the  same  is
33    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
34    known and designated as Section 7-1206, Idaho Code, and to read as follows:

35        7-1206.  DEPARTMENT  LIEN  FOR  CHILD  SUPPORT  DELINQUENCY.  (1)  Upon  a
36    delinquency under a child support order for which the department has  been  or
37    will be providing enforcement services, a lien arises upon and attaches to the
38    real  and  personal property of an obligor. A perfected lien shall include all
39    subsequently arising delinquencies. Any support order or decree issued or mod-
40    ified after the effective date of this act shall include a provision notifying
41    the obligor of the existence of the lien upon a delinquency.
42        (2)  Unless satisfied, a lien for a child  support  delinquency  continues
43    for as long as the underlying judgment is valid.
44        (3)  A  lien arising out of a child support order or delinquency under the
45    laws of another state shall be given full faith and  credit  without  judicial
46    notice or hearing prior to enforcement of such a lien.
47        (4)  The department shall notify the obligor by certified mail of the fil-
48    ing  of  the lien at the same time the notice is delivered to the secretary of
49    state.

Statement of Purpose / Fiscal Impact

    STATEMENT OF PURPOSE 
    RS07328C 1
    
    
    This bill corrects references to the department of health and welfare and provides for liens to 
    arise by operation of law upon a child support delinquency as required by federal law.
    
                               FISCAL IMPACT
    
    Cost savings to the State of $12,400 composed of $11,120 in salary savings and $1,280 in 
    postage. Cost savings to the Counties of $23,420 composed of $22,240 in salary savings and 
    $1,280 in postage. Liens will be perfected by filing with the Secretary of State. Development of 
    automated lien file to send to the Secretary of State is projected at $2,520. Ongoing costs of 
    $240 per year.
    
    CONTACT
    Name: JoAn Silva
    Agency: Department of Health and Welfare
    Phone: 334-6535
    Statement of Purpose/Fiscal Impact
    
    H 410