Print Friendly HOUSE BILL NO. 410 – Child support, unpd, property liens
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
|||| 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.
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
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
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
STATEMENT OF PURPOSE
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.
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.
Name: JoAn Silva
Agency: Department of Health and Welfare
Statement of Purpose/Fiscal Impact