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S1447.................................................by HEALTH AND WELFARE CHILD SUPPORT - Amends existing law to require that child support payments be made by cash, money order, cashier's check, electronic funds transfer or credit card. 02/13 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Health/Wel
S1447|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1447 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PAYMENT OF CHILD SUPPORT; AMENDING SECTION 32-706, IDAHO CODE, TO 3 REQUIRE PAYMENT BY CASH, MONEY ORDER, CASHIER'S CHECK, ELECTRONIC FUNDS 4 TRANSFER OR CREDIT CARD; AMENDING SECTION 32-710A, IDAHO CODE, TO REQUIRE 5 PAYMENTS BY CASH, MONEY ORDER, CASHIER'S CHECK, ELECTRONIC FUNDS TRANSFER 6 OR CREDIT CARD; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 32-706, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 32-706. CHILD SUPPORT. (1) In a proceeding for divorce or child support, 11 the court may order either or both parents owing a duty of support to a child 12 to pay an amount reasonable or necessary for his or her support and education 13 until the child is eighteen (18) years of age, without regard to marital mis- 14 conduct, after considering all relevant factors which may include: 15 (a) The financial resources of the child; 16 (b) The financial resources, needs, and obligations of both the custodial 17 and noncustodial parents which ordinarily shall not include a parent's 18 community property interest in the financial resources or obligations of a 19 spouse who is not a parent of the child, unless compelling reasons exist; 20 (c) The standard of living the child enjoyed during the marriage; 21 (d) The physical and emotional condition and needs of the child and his 22 or her educational needs; 23 (e) The availability of medical coverage for the child at reasonable 24 cost; 25 (f) The actual tax benefit recognized by the party claiming the federal 26 child dependency exemption. 27 (2) If the child continues his formal education subsequent to reaching 28 the age of eighteen (18) years, the court may, in its discretion, and after 29 considering all relevant factors which include those set forth in subsection 30 (1) of this section, order the continuation of support payments until the 31 child discontinues his education or reaches the age of nineteen (19) years, 32 whichever is sooner. 33 (3) Any child support order issued or modified under this section after 34 July 1, 1986, shall contain a provision allowing the obligee to enforce the 35 order by income withholding if arrearages at least equal to the support pay- 36 able for one (1) month accumulate under the order; and shall include the 37 notice required in section 32-1205, Idaho Code, advising the obligor that the 38 obligee can seek enforcement of the order by means of a mandatory income with- 39 holding order issued pursuant to this chapter without further notice to the 40 obligor whenever there are arrearages at least equal to the support payment 41 for one (1) month. 42 Failure to include this provision does not affect the validity of the sup- 43 port order. If the social security number of the person obligated to make 2 1 child support payments under the support order or decree is available, the 2 court shall require that the social security number of the obligor be included 3 in the order or decree. 4 (4) In a proceeding for the support of a child or a minor parent the 5 court may order the parent(s) of each minor parent to pay an amount reasonable 6 or necessary for the support and education of the child born to the minor 7 parent(s) until the minor parent is eighteen (18) years of age, after consid- 8 ering all relevant factors which may include: 9 (a) The financial resources of the child; 10 (b) The financial resources of the minor parent; 11 (c) The financial resources, needs and obligations of the parent of the 12 minor parent; 13 (d) The physical and emotional condition and needs of the child and his 14 or her educational needs; and 15 (e) The availability of medical coverage for the child at reasonable 16 cost. 17 (5) Any order made pursuant to this section shall require payment 18 by cash, money order, cashier's check, electronic funds transfer or credit 19 card. 20 SECTION 2. That Section 32-710A, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 32-710A. SUPPORT PAYMENTS PAID TO CLERK OR THE DEPARTMENT OF HEALTH AND 23 WELFARE -- PROSECUTING ATTORNEY TO ENFORCE PAYMENTS. A. All payments for sup- 24 port ordered pursuant to any decree of divorce, separate maintenance or other 25 order for support shall be paid to the clerk of the district court which 26 entered the order or decree requiring the same, unless otherwise ordered by 27 said court, or upon provision of support enforcement services pursuant to sec- 28 tion 56-203A, Idaho Code, to the department of health and welfare. All 29 such payments shall be made by cash, money order, cashier's check, electronic 30 funds transfer or credit card. The clerk or the department shall keep a 31 record of payments made under said order or decree and shall transmit said 32 payments to the person or persons entitled thereto by virtue of said order or 33 decree. Whenever a child is in the physical care of a person or entity other 34 than its parents and the department of health and welfare is providing support 35 enforcement services under title IV-D of the social security act, the depart- 36 ment may, after written notice to the obligor and obligee and the opportunity 37 for hearing set forth in paragraphs 1. through 3. of this subsection transmit 38 payments under an order of support for said child to the person or entity who 39 has physical care of said child, without further order of the court, whether 40 or not such person or entity is the obligee under the support order. 41 1. The department shall send notice of its intent to transmit child sup- 42 port payments to the person or entity who has physical care of the child 43 by registered or certified mail to the last known address of the obligor 44 and obligee under an order for support of the child. 45 2. The obligor and obligee may file a written objection to the transmit- 46 tal of child support payments with a court of proper jurisdiction within 47 fourteen (14) days from the date the notice of transmittal is mailed. A 48 copy of the written objection shall be sent to the department of health 49 and welfare, bureau of child support services. 50 3. After hearing in a court of proper jurisdiction and entry of an order, 51 or if no written objection is made by the obligor or obligee, the depart- 52 ment may transmit the payments under an order of support for the child to 53 the person or entity who has physical care of the child. 3 1 B. On any order or decree not receiving support enforcement services from 2 the department of health and welfare, said clerk shall notify the prosecuting 3 attorney of the county in which the order or decree is entered of any failure 4 to comply with the terms of payments specified by any such order or decree, 5 and said prosecuting attorney shall be responsible for enforcing said order or 6 decree as follows: 7 1. If the person required to pay resides in the county in which the order 8 or decree was entered, the prosecuting attorney shall institute appropri- 9 ate action to enforce the order or decree. 10 2. If the person required to pay resides outside the state, the prosecut- 11 ing attorney shall institute proceedings through the Uniform Reciprocal 12 Enforcement of Support Act. 13 3. If the person required to pay resides in some other county in the 14 state, the prosecuting attorney shall make such showing to the district 15 court which entered the order or decree and upon further order of the 16 court shall forward two (2) certified copies of the order or decree with 17 all modifications together with two (2) certified copies of the payment 18 record to the clerk of the district court of the county in which the per- 19 son required to pay resides. Said clerk shall file and docket one (1) copy 20 of the order or decree and payment record without fee and deliver the 21 other copies to the prosecuting attorney of that county who shall insti- 22 tute appropriate action to enforce the order or decree. 23 C. Upon the filing and docketing of the certified copies of the order or 24 decree and payment record, said order or decree shall be enforced, and may be 25 modified as to the amount of payment required, by the district court in that 26 county as if originally entered in that county. The procedure for the enforce- 27 ment or modification of said order or decree as to amount of payment shall be 28 the same as in the case of an order or decree originally entered in that 29 court, including the power to punish the person required to pay for contempt. 30 Any payments made as a result of proceedings in that court shall be made as 31 provided in subsection A. and the clerk or the department of health and wel- 32 fare shall keep a record of such payments and shall transmit said payments to 33 the person or persons entitled thereto by virtue of said order or decree. 34 D. If the district court in a county other than the county in which the 35 order or decree is entered modifies the order or decree as to the amount of 36 payment required, the clerk of that court shall send a certified copy of the 37 order modifying the original order or decree to the clerk of the court in the 38 county in which the order or decree was originally entered and the latter 39 clerk shall file the same in the action in which the original order or decree 40 was entered. 41 E. If the person required to pay changes his residence from any county to 42 which certified copies of the order or decree and payment record have been 43 forwarded as herein provided, and the prosecuting attorney of that county dis- 44 covers that the defendant resides in another county of this state, the prose- 45 cuting attorney shall make such showing to the district court and upon order 46 of the court shall forward the entire file to the clerk of the district court 47 of the county where the defendant resides, where the same proceedings shall be 48 had for enforcement or modification as herein provided. 49 F. When the department of health and welfare is providing support 50 enforcement services and the support order or decree directs payment to be 51 made through the clerk of the court or any entity other than the department, 52 the department shall: 53 1. Make reasonable attempts to provide written notice to the person 54 required to pay when support payments shall be made to the department of 55 health and welfare and again when payments to the department are to cease. 4 1 2. Provide written notice to the clerk in the county where payments were 2 required to be paid when support payments shall be paid to the department 3 of health and welfare, and any payments subsequently received by the clerk 4 shall be forwarded to the department. 5 3. Maintain a record of payments made under said order or decree and 6 transmit the payments to the person or persons entitled thereto by virtue 7 of said order or decree or the assignment of rights thereof. 8 4. Provide written notice to the clerk in the county where payments were 9 last required to be paid together with two (2) certified copies of the 10 department of health and welfare's payment record when payments to the 11 department are to cease. 12 G. Any support order or decree issued or modified under this section 13 shall contain a provision allowing the obligee to enforce the order or decree 14 by income withholding and shall include the notice required in section 15 32-1205, Idaho Code, advising the obligor that the obligee can seek enforce- 16 ment of the order or decree by means of a mandatory income withholding order 17 issued pursuant to this chapter without further notice to the obligor. 18 Failure to include this provision does not affect the validity of the sup- 19 port order or decree. If the social security number of the person obligated to 20 make support payments under the support order or decree is available, the 21 court shall require that the social security number of the obligor be included 22 in the order or decree. 23 SECTION 3. An emergency existing therefor, which emergency is hereby 24 declared to exist, this act shall be in full force and effect on and after its 25 passage and approval.
STATEMENT OF PURPOSE
RS 07711
This bill will require child support payments to be made in
cash equivalent form.
FISCAL NOTE
This legislation will eliminate the time, effort and money
expended in processing bad checks and will save the State
Treasurer in operating expenses.
Contact: Lydia Justice Edwards
Phone #: (208)334-3200
STATEMENT OF PURPOSE/ FISCAL NOTE
S 1447