Print Friendly HOUSE BILL NO. 420 – Child support case, transfer, when
HOUSE BILL NO. 420
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H0420........................................................by MR. SPEAKER
Requested by Department of Health and Welfare
CHILD SUPPORT - Amends existing law to allow child support cases to be
transferred from county to county.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 420
BY MR. SPEAKER
Requested by: Department of Health and Welfare
1 AN ACT
2 RELATING TO CHILD SUPPORT; AMENDING SECTION 32-710A, IDAHO CODE, TO ALLOW
3 CHILD SUPPORT CASES TO BE TRANSFERRED FROM COUNTY TO COUNTY AND TO MAKE
4 TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 32-710A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 32-710A. SUPPORT PAYMENTS PAID TO THE DEPARTMENT OF HEALTH AND WELFARE.
9 A. Effective October 1, 1998, (1) A all payments for child support ordered pur-
10 suant to any decree of divorce or other order for support shall be paid,
11 unless otherwise ordered by the court, to the department of health and wel-
12 fare. The department shall keep a record of payments made under said order or
13 decree and shall, within two (2) business days of receipt of such payment,
14 transmit said payments to the person or persons entitled thereto by virtue of
15 said order or decree. Whenever a child is in the physical care of a person or
16 entity other than its parents and the department of health and welfare is pro-
17 viding child support services under title IV-D of the social security act, the
18 department may, after written notice to the obligor and obligee and the oppor-
19 tunity for hearing set forth in paragraphs 1. (a) through 3. (c) of this sub-
20 section transmit payments under an order of support for said child to the per-
21 son or entity who has physical care of said child, without further order of
22 the court, whether or not such person or entity is the obligee under the sup-
23 port order.
24 1.(a) The department shall send notice of its intent to transmit child
25 support payments to the person or entity who has physical care of the
26 child by registered or certified mail to the last known address of the
27 obligor and obligee under an order for support of the child.
28 2.(b) The obligor and obligee may file a written objection to the trans-
29 mittal of child support payments with a court of proper jurisdiction
30 within fourteen (14) days from the date the notice of transmittal is
31 mailed. A copy of the written objection shall be sent to the department of
32 health and welfare.
33 3.(c) After hearing in a court of proper jurisdiction and entry of an
34 order, or if no written objection is made by the obligor or obligee, the
35 department may transmit the payments under an order of support for the
36 child to the person or entity who has physical care of the child.
37 B.(2) Any person entitled to receive child support payments pursuant to
38 any decree of divorce or other order for support may make application for
39 enforcement services to the department of health and welfare as provided in
40 section 56-203A, Idaho Code, when child support is not being paid as ordered.
41 C.(3) On any case the department is providing support enforcement ser-
43 (a) The department may request a transfer of the order or decree to the
1 county where the obligor presently resides, upon a showing to the court
2 which entered the order or decree. Upon order of the court, a certified
3 copy of the order or decree with all the modifications, together with a
4 certified copy of the payment record, shall be forwarded to the clerk of
5 the court of the county in which the obligor resides. The clerk shall file
6 and docket the documents without a fee.
7 (b) The order or decree transferred pursuant to this section shall be
8 enforced, and may be modified as to the amount of payment required, by the
9 court in that county as if originally entered in that county. The proce-
10 dure for the enforcement or modification of said order or decree as to the
11 amount of payment shall be the same as in the case of an order or decree
12 originally entered in that court, including the power to punish the person
13 required to pay for contempt.
14 (c) If the court to which the order or decree is transferred modifies the
15 order or decree as to the amount of payment required, the clerk of that
16 court shall send a certified copy of the modified order to the clerk of
17 the court in the county in which the order or decree was originally
18 entered. The latter clerk shall file the same in the action in which the
19 original order or decree was entered.
20 (4) All child support orders shall provide that the order will be
21 enforced by income withholding pursuant to chapter 12, title 32, Idaho Code.
22 Failure to include this provision does not affect the validity of the support
23 order or decree. The court shall require that the social security numbers of
24 both the obligor and obligee be included in the order or decree.
25 SECTION 2. This act shall be in full force and effect on and after July
26 1, 2000.
STATEMENT OF PURPOSE
To allow the department to transfer a child support case from one
county to another in order to modify or enforce the support order.
Prior to the statute being amended in 1997, the department was able
to transfer a child support case from one county to another county
if the non-custodial parent had moved. This allowed the case to be
modified or enforced in the county where the non-custodial parent
resided and provided better access for the non-custodial parent to
the courts. This amendment would put the transfer provisions back
into the statute.
If passed, the fiscal impact would be reduced cost to the
Department and to private parties who now have to travel to the
county in which the child support order was originally issued for
subsequent legal actions.
Name: Tamara Prisock
Agency: Dept. of Health and Welfare
Statement of Purpose/Fiscal Impact H42