2003 Legislation
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SENATE BILL NO. 1015 – Interstate Family Support Act/amens

SENATE BILL NO. 1015

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S1015...................................................by JUDICIARY AND RULES
INTERSTATE FAMILY SUPPORT ACT - Amends and adds to existing law to revise
various provisions of the Interstate Family Support Act including definitions,
jurisdiction of support orders, modification of support orders, compliance,
controlling orders and determining parentage.
                                                                        
01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1015
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE  UNIFORM  INTERSTATE  FAMILY  SUPPORT  ACT;  AMENDING  SECTION
  3        7-1001,  IDAHO  CODE,  TO DEFINE TERMS AND TO REVISE DEFINITIONS; AMENDING
  4        SECTION 7-1003, IDAHO CODE, TO PROVIDE THAT THE REMEDIES PROVIDED  IN  THE
  5        CHAPTER  DO  NOT AFFECT CERTAIN OTHER LAWS AND TO LIMIT APPLICATION OF THE
  6        CHAPTER; AMENDING SECTION 7-1004, IDAHO CODE, TO REMOVE LANGUAGE PROVIDING
  7        FOR PERSONAL JURISDICTION IN PROCEEDINGS  TO  MODIFY  SUPPORT  ORDERS,  TO
  8        LIMIT  THE USE OF BASES FOR PERSONAL JURISDICTION IN PROCEEDINGS TO MODIFY
  9        CHILD SUPPORT ORDERS OF OTHER STATES UNLESS CERTAIN REQUIREMENTS ARE  MET,
 10        TO MAKE A GRAMMATICAL CORRECTION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
 11        ING  SECTION 7-1005, IDAHO CODE, TO REMOVE LANGUAGE PROVIDING FOR A PROCE-
 12        DURE FOR TRIBUNALS WHEN EXERCISING JURISDICTION OVER NONRESIDENTS  AND  TO
 13        SET  FORTH  PROVISIONS  RELATING TO THE DURATION OF PERSONAL JURISDICTION;
 14        AMENDING SECTION 7-1007,  IDAHO  CODE,  TO  REMOVE  DESCRIPTIVE  LANGUAGE;
 15        AMENDING  SECTION  7-1008, IDAHO CODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND
 16        TO REVISE PROVISIONS RELATING TO  CONTINUING,  EXCLUSIVE  JURISDICTION  TO
 17        MODIFY  CHILD  SUPPORT  ORDERS;  AMENDING  SECTION  7-1009, IDAHO CODE, TO
 18        REVISE DESCRIPTIVE LANGUAGE, TO REVISE PROVISIONS RELATING  TO  CONTINUING
 19        JURISDICTION TO ENFORCE CHILD SUPPORT ORDERS AND TO REMOVE LANGUAGE RELAT-
 20        ING  TO  THE  MODIFICATION OF SPOUSAL SUPPORT ORDERS; AMENDING CHAPTER 10,
 21        TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-1009A, IDAHO CODE,
 22        TO PROVIDE FOR APPLICATION OF THE CHAPTER TO NONRESIDENTS SUBJECT TO  PER-
 23        SONAL JURISDICTION; AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE ADDI-
 24        TION  OF    A  NEW SECTION 7-1009B, IDAHO CODE, TO PROVIDE FOR CONTINUING,
 25        EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDERS; AMENDING  SECTION
 26        7-1010,  IDAHO  CODE,  TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVI-
 27        SIONS RELATING TO THE DETERMINATION OF CONTROLLING CHILD  SUPPORT  ORDERS;
 28        AMENDING SECTION 7-1011, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO
 29        REMOVE  LANGUAGE  REFERENCING MULTIPLE REGISTRATIONS, PETITIONS OR ORDERS;
 30        AMENDING SECTION 7-1012, IDAHO CODE,  TO  REVISE  PROVISIONS  RELATING  TO
 31        CREDIT FOR PAYMENTS OF CHILD SUPPORT; AMENDING SECTION 7-1013, IDAHO CODE,
 32        TO  REMOVE LANGUAGE SETTING FORTH PROCEEDINGS TO WHICH THE CHAPTER APPLIES
 33        AND TO MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 7-1014, IDAHO CODE,  TO
 34        MAKE  A GRAMMATICAL CHANGE; AMENDING SECTION 7-1015, IDAHO CODE, TO REVISE
 35        PROVISIONS RELATING TO THE APPLICATION  OF  STATE  LAW;  AMENDING  SECTION
 36        7-1016,  IDAHO CODE, TO REVISE PROVISIONS RELATING TO DUTIES OF THE INITI-
 37        ATING TRIBUNAL; AMENDING SECTION 7-1017, IDAHO CODE, TO REVISE  PROVISIONS
 38        RELATING TO DUTIES AND POWERS OF THE RESPONDING TRIBUNAL; AMENDING SECTION
 39        7-1018,  IDAHO CODE, TO PROVIDE A REFERENCE TO TRIBUNALS; AMENDING SECTION
 40        7-1019, IDAHO CODE, TO REVISE PROVISIONS RELATING TO DUTIES OF THE SUPPORT
 41        ENFORCEMENT AGENCY; AMENDING SECTION 7-1020, IDAHO CODE,  TO  REMOVE  LAN-
 42        GUAGE  PROVIDING  FOR  DUTIES  OF  THE ATTORNEY GENERAL AND TO PROVIDE FOR
 43        DUTIES OF  APPROPRIATE  STATE  OFFICIALS  OR  AGENCIES;  AMENDING  SECTION
 44        7-1022,  IDAHO  CODE,  TO  REVISE  DUTIES OF THE STATE INFORMATION AGENCY;
 45        AMENDING SECTION 7-1023, IDAHO CODE,  TO  REVISE  PROVISIONS  RELATING  TO
 46        PLEADINGS AND ACCOMPANYING DOCUMENTS; AMENDING SECTION 7-1024, IDAHO CODE,
                                                                        
                                         2
                                                                        
  1        TO  REVISE  PROVISIONS  RELATING TO NONDISCLOSURE OF INFORMATION IN EXCEP-
  2        TIONAL CIRCUMSTANCES; AMENDING  SECTION 7-1026,  IDAHO  CODE,  TO  PROVIDE
  3        CLARIFYING  LANGUAGE AND TO PROVIDE THAT IMMUNITY DOES NOT EXTEND TO CIVIL
  4        LITIGATION BASED ON CERTAIN ACTS COMMITTED BY  A  PARTY  WHILE  PHYSICALLY
  5        PRESENT IN THIS STATE; AMENDING SECTION 7-1028, IDAHO CODE, TO REVISE PRO-
  6        VISIONS RELATING TO SPECIAL RULES OF EVIDENCE AND PROCEDURE; AMENDING SEC-
  7        TION  7-1029,  IDAHO  CODE,  TO PROVIDE REFERENCE TO FOREIGN COUNTRIES AND
  8        POLITICAL SUBDIVISIONS AND TO PROVIDE THAT  TRIBUNALS MAY COMMUNICATE IN A
  9        RECORD; AMENDING SECTION 7-1031, IDAHO CODE, TO REVISE PROVISIONS RELATING
 10        TO RECEIPT AND DISBURSEMENT OF PAYMENTS; AMENDING  SECTION  7-1032,  IDAHO
 11        CODE,  TO  REVISE  PROVISIONS  RELATING  TO PETITIONS TO ESTABLISH SUPPORT
 12        ORDERS; AMENDING SECTION 7-1033, IDAHO CODE, TO PROVIDE  THAT  AN  INCOME-
 13        WITHHOLDING  ORDER  ISSUED IN ANOTHER STATE MAY BE SENT BY OR ON BEHALF OF
 14        THE OBLIGEE OR BY THE SUPPORT ENFORCEMENT AGENCY AND  TO  REMOVE  OBSOLETE
 15        LANGUAGE; AMENDING SECTION 7-1034, IDAHO CODE, TO REVISE PROVISIONS RELAT-
 16        ING  TO  AN  EMPLOYER'S  COMPLIANCE  WITH  AN  INCOME-WITHHOLDING ORDER OF
 17        ANOTHER STATE; AMENDING SECTION 7-1035, IDAHO CODE, TO PROVIDE DESCRIPTIVE
 18        LANGUAGE AND TO REVISE PROVISIONS RELATING  TO  AN  EMPLOYER'S  COMPLIANCE
 19        WITH TWO OR MORE INCOME-WITHHOLDING ORDERS; AMENDING SECTION 7-1036, IDAHO
 20        CODE,  TO  MAKE GRAMMATICAL CHANGES; AMENDING  SECTION 7-1038, IDAHO CODE,
 21        TO REVISE PROVISIONS RELATING TO OBLIGOR  CONTESTS  OF  INCOME-WITHHOLDING
 22        ORDERS;  AMENDING  SECTION  7-1039,  IDAHO CODE, TO PROVIDE A REFERENCE TO
 23        SUPPORT ENFORCEMENT AGENCIES; AMENDING SECTION 7-1040, IDAHO CODE, TO MAKE
 24        A GRAMMATICAL CORRECTION; AMENDING SECTION 7-1041, IDAHO CODE,  TO  REVISE
 25        PROVISIONS   RELATING   TO  PROCEDURES  TO  REGISTER  SUPPORT  OR  INCOME-
 26        WITHHOLDING ORDERS FOR ENFORCEMENT; AMENDING SECTION 7-1043,  IDAHO  CODE,
 27        TO  REVISE  PROVISIONS RELATING TO CHOICE OF LAW; AMENDING SECTION 7-1044,
 28        IDAHO CODE, TO REVISE PROVISIONS RELATING TO NOTICE OF REGISTRATION OF  AN
 29        ORDER;  AMENDING  SECTION  7-1046,  IDAHO  CODE,  TO  PROVIDE REFERENCE TO
 30        ALLEGED ARREARAGES AND TO INCLUDE AS  A  DEFENSE  TO  AN  ORDER  THAT  THE
 31        ALLEGED  CONTROLLING  ORDER IS NOT THE CONTROLLING ORDER; AMENDING SECTION
 32        7-1049, IDAHO CODE, TO PROVIDE CODE REFERENCES; AMENDING  SECTION  7-1050,
 33        IDAHO CODE, TO REVISE PROVISIONS RELATING TO MODIFICATION OF CHILD SUPPORT
 34        ORDERS  OF  OTHER STATES; AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE
 35        ADDITION OF A NEW SECTION 7-1050A, IDAHO CODE, TO PROVIDE FOR JURISDICTION
 36        TO MODIFY CHILD SUPPORT ORDERS OF FOREIGN COUNTRIES OR POLITICAL  SUBDIVI-
 37        SIONS;  AMENDING SECTION 7-1051, IDAHO CODE, TO REVISE PROVISIONS RELATING
 38        TO THE RECOGNITION OF ORDERS MODIFIED IN OTHER  STATES;  AMENDING  SECTION
 39        7-1052,  IDAHO CODE, TO REVISE PROVISIONS RELATING TO JURISDICTION TO MOD-
 40        IFY SUPPORT ORDERS OF OTHER STATES WHEN INDIVIDUAL PARTIES RESIDE IN  THIS
 41        STATE;  AMENDING  SECTION 7-1053, IDAHO CODE, TO MAKE GRAMMATICAL CHANGES;
 42        AMENDING SECTION 7-1054, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PRO-
 43        CEEDINGS TO DETERMINE PARENTAGE; AMENDING SECTION 7-1055, IDAHO  CODE,  TO
 44        MAKE  A GRAMMATICAL CHANGE; AMENDING SECTION 7-1056, IDAHO CODE, TO MAKE A
 45        GRAMMATICAL CORRECTION AND TO REMOVE REFERENCE TO OTHER LAWS; AND AMENDING
 46        SECTION 7-1057, IDAHO CODE, TO REVISE PROVISIONS RELATING TO UNIFORMITY OF
 47        APPLICATION AND CONSTRUCTION.
                                                                        
 48    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 49        SECTION 1.  That Section 7-1001, Idaho Code, be, and the  same  is  hereby
 50    amended to read as follows:
                                                                        
 51        7-1001.  DEFINITIONS. In this chapter:
 52        (1)  "Child"  means an individual, whether over or under the age of major-
                                                                        
                                         3
                                                                        
  1    ity, who is or is alleged to be owed a duty of  support  by  the  individual's
  2    parent  or  who  is  or  is  alleged  to be the beneficiary of a support order
  3    directed to the parent.
  4        (2)  "Child support order" means a support order for a child, including  a
  5    child who has attained the age of majority under the law of the issuing state.
  6        (3)  "Duty of support" means an obligation imposed or imposable by law to
  7    provide  support  for a child, spouse, or former spouse, including an unsatis-
  8    fied obligation to provide support.
  9        (4)  "Home state" means the state in which a child lived with a parent  or
 10    a  person acting as parent for at least six (6) consecutive months immediately
 11    preceding the time of filing of a petition or comparable pleading for  support
 12    and,  if a child is less than six (6) months old, the state in which the child
 13    lived from birth with any of them. A period of temporary  absence  of  any  of
 14    them is counted as part of the six (6) month or other period.
 15        (5)  "Income"  includes  earnings  or other periodic entitlements to money
 16    from any source and any other property  subject  to  withholding  for  support
 17    under the law of this state.
 18        (6)  "Income-withholding  order"  means  an  order  or other legal process
 19    directed to an obligor's employer or other debtor, as defined by  chapter  12,
 20    title 7, Idaho Code, to withhold support from the income of the obligor.
 21        (7)  "Initiating state" means a state from which a proceeding is forwarded
 22    or  in  which a proceeding is filed for forwarding to a responding state under
 23    this chapter or a law or procedure substantially similar to this  chapter,  or
 24    under  a  law  or  procedure  substantially  similar to the uniform reciprocal
 25    enforcement of support act, or the revised uniform reciprocal  enforcement  of
 26    support act.
 27        (8)  "Initiating  tribunal" means the authorized tribunal in an initiating
 28    state.
 29        (9)  "Issuing state" means the state in which a tribunal issues a  support
 30    order or renders a judgment determining parentage.
 31        (10) "Initiating  tribunal" means the tribunal that issues a support order
 32    or renders a judgment determining parentage.
 33        (11) "Law" includes decisional and statutory law and rules and regulations
 34    having the force of law.
 35        (12) "Obligee" means:
 36        (a)  An individual to whom a duty of support is or is alleged to  be  owed
 37        or  in whose favor a support order has been issued or a judgment determin-
 38        ing parentage has been rendered;
 39        (b)  A state or political subdivision to which the rights under a duty  of
 40        support  or  support  order  have been assigned or which has   independent
 41        claims based on financial assistance provided to an individual obligee; or
 42        (c)  An  individual  seeking  a  judgment  determining  parentage  of  the
 43        individual's child.
 44        (13) "Obligor" means an individual, or the estate of a decedent:
 45        (a)  Who owes or is alleged to owe a duty of support;
 46        (b)  Who is alleged but has not been adjudicated  to  be  a  parent  of  a
 47        child; or
 48        (c)  Who is liable under a support order.
 49        (14) "Person"  means  an  individual, corporation, business trust, estate,
 50    trust, partnership, limited liability  company,  association,  joint  venture,
 51    government,  governmental subdivision, agency, or instrumentality, public cor-
 52    poration, or any other legal or commercial entity.
 53        (15) "Record" means information that is inscribed on a tangible medium  or
 54    that  is  stored  in  an  electronic  or  other  medium  and is retrievable in
 55    perceivable form.
                                                                        
                                         4
                                                                        
  1        (16) "Register" means to record a support order  or  judgment  determining
  2    parentage in the district court.
  3        (157) "Registering  tribunal" means a tribunal in which a support order is
  4    registered.
  5        (168) "Responding state" means a state in which a proceeding is  filed  or
  6    to  which  a proceeding is forwarded for filing from an initiating state under
  7    this chapter or a law or procedure substantially similar to this  chapter,  or
  8    under  a  law  or  procedure  substantially  similar to the uniform reciprocal
  9    enforcement of support act, or the revised uniform reciprocal  enforcement  of
 10    support act.
 11        (179) "Responding  tribunal" means the authorized tribunal in a responding
 12    state.
 13        (1820) "Spousal-support order" means a  support  order  for  a  spouse  or
 14    former spouse of the obligor.
 15        (1921) "State"  means a state of the United States, the District of Colum-
 16    bia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any
 17    territory or insular possession subject to  the  jurisdiction  of  the  United
 18    States. The term "state" includes:
 19        (a)  An Indian tribe; and
 20        (b)  A foreign jurisdiction country or political subdivision that:
 21             (i)   Has  been  declared  to  be  a foreign reciprocating country or
 22             political subdivision under federal law;
 23             (ii)  Has established a reciprocal arrangement for child support with
 24             this state as provided in section 7-1020, Idaho Code; or
 25             (iii) Hhas enacted a law or established procedures for  the  issuance
 26             and  enforcement of support orders which are substantially similar to
 27             the procedures under this chapter. or the procedures under  the  uni-
 28             form  reciprocal  enforcement  of  support act or the revised uniform
 29             enforcement of support act.
 30        (202) "Support enforcement agency"  means  a  public  official  or  agency
 31    authorized to seek:
 32        (a)  Enforcement  of  support  orders or laws relating to the duty of sup-
 33        port;
 34        (b)  Establishment or modification of child support;
 35        (c)  Determination of parentage; or
 36        (d)  To locate Location of obligors or their assets; or
 37        (e)  Determination of the controlling child support order.
 38        (213) "Support order" means a judgment, decree, or  order,  or  directive,
 39    whether temporary, final, or subject to modification, issued by a tribunal for
 40    the benefit of a child, a spouse, or a former spouse, which provides for mone-
 41    tary  support,  health  care,  arrearages,  or  reimbursement, and may include
 42    related costs and fees, interest, income  withholding,  attorney's  fees,  and
 43    other relief.
 44        (224) "Tribunal"  means  a court, administrative agency, or quasi-judicial
 45    entity authorized to establish, enforce, or modify support orders or to deter-
 46    mine parentage.
                                                                        
 47        SECTION 2.  That Section 7-1003, Idaho Code, be, and the  same  is  hereby
 48    amended to read as follows:
                                                                        
 49        7-1003.  REMEDIES  CUMULATIVE.  (1)  Remedies provided by this chapter are
 50    cumulative and do not affect the availability of  remedies  under  other  law,
 51    including the recognition of a support order of a foreign country or political
 52    subdivision on the basis of comity.
 53        (2)  This chapter does not:
                                                                        
                                         5
                                                                        
  1        (a)  Provide  the  exclusive method of establishing or enforcing a support
  2        order under the law of this state; or
  3        (b)  Grant a tribunal of this state jurisdiction  to  render  judgment  or
  4        issue  an  order  relating to child custody and visitation in a proceeding
  5        under this chapter.
                                                                        
  6        SECTION 3.  That Section 7-1004, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        7-1004.  BASIS  BASES FOR JURISDICTION OVER NONRESIDENT. (1) In a proceed-
  9    ing to establish, or enforce, or modify a support order or to  determine  par-
 10    entage,  a  tribunal  of  this state may exercise personal jurisdiction over a
 11    nonresident individual or the individual's guardian or conservator if:
 12        (1a)  The individual is personally served with notice within this state;
 13        (2b)  The individual submits to the jurisdiction of this state by consent,
 14        by entering a general appearance, or by filing a responsive document  hav-
 15        ing the effect of waiving any contest to personal jurisdiction;
 16        (3c)  The individual resided with the child in this state;
 17        (4d)  The  individual resided in this state and provided prenatal expenses
 18        or support for the child;
 19        (5e)  The child resides in this state as a result of the  acts  or  direc-
 20        tives of the individual;
 21        (6f)  The  individual  engaged in sexual intercourse in this state and the
 22        child may have been conceived by that act of intercourse;
 23        (7g)  The individual asserted parentage in the registry maintained in this
 24        state by the vital statistics unit of the department of health and welfare
 25        provided in section 16-1513, Idaho Code; or
 26        (8h)  There is any other basis consistent with the constitutions  of  this
 27        state and the United States for the exercise of personal jurisdiction.
 28        (2)  The  bases  of  personal  jurisdiction set forth in subsection (1) of
 29    this section or in any other law of this state may not be used to acquire per-
 30    sonal jurisdiction for a tribunal of the state to modify a child support order
 31    of another state unless the requirements of section 7-1050 or  7-1050A,  Idaho
 32    Code, are met.
                                                                        
 33        SECTION  4.  That  Section  7-1005, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        7-1005.   PROCEDURE WHEN EXERCISING  DURATION  OF  PERSONAL  JURISDICTION.
 36    OVER  NONRESIDENT.  A tribunal of this state exercising pPersonal jurisdiction
 37    over a nonresident under section 7-1004, Idaho Code, may apply section 7-1028,
 38    Idaho Code, to receive evidence from  another  state,  section  7-1030,  Idaho
 39    Code,  to  obtain  discovery through a tribunal of another state. In all other
 40    respects, sections 7-1013 through 7-1054, Idaho Code, do  not  apply  and  the
 41    tribunal shall apply the procedural and substantive law acquired by a tribunal
 42    of  this  state,  including the rules on choice of law other than those estab-
 43    lished by in a proceeding under this chapter or other law of this state relat-
 44    ing to a support order continues as long as a tribunal of this state has  con-
 45    tinuing, exclusive jurisdiction to modify its order or continuing jurisdiction
 46    to enforce its order as provided by sections 7-1008, 7-1009 and 7-1009B, Idaho
 47    Code.
                                                                        
 48        SECTION  5.  That  Section  7-1007, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                         6
                                                                        
  1        7-1007.  SIMULTANEOUS PROCEEDINGS. IN ANOTHER STATE.  (1)  A  tribunal  of
  2    this state may exercise jurisdiction to establish a support order if the peti-
  3    tion  or  comparable pleading is filed after a petition or comparable pleading
  4    is filed in another state only if:
  5        (a)  The petition or comparable pleading in this state is filed before the
  6        expiration of the time allowed in the other state for filing a  responsive
  7        pleading challenging the exercise of jurisdiction by the other state;
  8        (b)  The  contesting  party timely challenges the exercise of jurisdiction
  9        in the other state; and
 10        (c)  If relevant, this state is the home state of the child.
 11        (2)  A tribunal of this state may not exercise jurisdiction to establish a
 12    support order if the petition or comparable pleading is filed before  a  peti-
 13    tion or comparable pleading is filed in another state if:
 14        (a)  The  petition  or  comparable  pleading  in  the other state is filed
 15        before the expiration of the time allowed  in  this  state  for  filing  a
 16        responsive  pleading  challenging  the  exercise  of  jurisdiction by this
 17        state;
 18        (b)  The contesting party timely challenges the exercise  of  jurisdiction
 19        in this state; and
 20        (c)  If relevant, the other state is the home state of the child.
                                                                        
 21        SECTION  6.  That  Section  7-1008, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        7-1008.  CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER.
 24    (1) A tribunal of this state issuing that has issued  a  child  support  order
 25    consistent  with  the  law  of  this  state has and shall exercise continuing,
 26    exclusive jurisdiction over a  to modify its child support order if the  order
 27    is the controlling order, and:
 28        (a)  As  long  as  At the time of the filing of a request for modification
 29        this state remains is the residence of the obligor, the  individual  obli-
 30        gee, or the child for whose benefit the support order is issued; or
 31        (b)  Until each individual party has filed written consent with the tribu-
 32        nal of Even if this state for a tribunal of another state is not the resi-
 33        dence of the obligor, the individual obligee, or the child for whose bene-
 34        fit  the  support  order  is issued, the parties consent in a record or in
 35        open court that the tribunal of this state may continue to exercise juris-
 36        diction to modify the its order. and assume continuing,  exclusive  juris-
 37        diction.
 38        (2)  A  tribunal  of  this  state  issuing that has issued a child support
 39    order consistent with the law of this state may not exercise  its  continuing,
 40    exclusive jurisdiction to modify the order if:
 41        (a)  the order has been modified by All of the parties who are individuals
 42        file  consent  in a record with the tribunal of this state that a tribunal
 43        of another state pursuant to this chapter or a law  substantially  similar
 44        to this chapter that has jurisdiction over at least one (1) of the parties
 45        who  is  an individual or that is located in the state of residence of the
 46        child may modify the order and assume continuing, exclusive  jurisdiction;
 47        or
 48        (b)  Its order is not the controlling order.
 49        (3)  If  a  child support order of this state is modified by a tribunal of
 50    another state pursuant to this chapter or a law substantially similar to  this
 51    chapter, a tribunal of this state loses its continuing, exclusive jurisdiction
 52    with  regard to prospective enforcement of the order issued in this state, and
 53    may only:
                                                                        
                                         7
                                                                        
  1        (a)  Enforce the order that was modified as to amounts accruing before the
  2        modification;
  3        (b)  Enforce nonmodified aspects of that order; and
  4        (c)  Provide other appropriate relief for violations of that  order  which
  5        occurred before the effective date of the modification.
  6        (4)  A  tribunal  of  this state shall recognize the continuing, exclusive
  7    jurisdiction of If a tribunal of another state which has issued a  child  sup-
  8    port  order  pursuant  to  this chapter or a law substantially similar to this
  9    chapter which modifies a child support order of a tribunal of this state, tri-
 10    bunals of this state shall recognize the continuing, exclusive jurisdiction of
 11    the tribunal of the other state.
 12        (4)  A tribunal of this state which lacks continuing, exclusive  jurisdic-
 13    tion  to  modify  a child support order may serve as an initiating tribunal to
 14    request a tribunal of another state to modify a support order issued  in  that
 15    state.
 16        (5)  A  temporary support order issued ex parte or pending resolution of a
 17    jurisdictional conflict does not create continuing, exclusive jurisdiction  in
 18    the issuing tribunal.
 19        (6)  A  tribunal of this state issuing a support order consistent with the
 20    law of this state has continuing, exclusive jurisdiction over a  spousal  sup-
 21    port  order  throughout the existence of the support obligation. A tribunal of
 22    this state may not modify a spousal support order  issued  by  a  tribunal  of
 23    another  state having continuing, exclusive jurisdiction over that order under
 24    the law of that state.
                                                                        
 25        SECTION 7.  That Section 7-1009, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        7-1009.  ENFORCEMENT  AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING
 28    CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER. (1) A tribunal of this
 29    state that has issued a child support order consistent with the  law  of  this
 30    state  may  serve  as  an initiating tribunal to request a tribunal of another
 31    state to enforce: or modify a support order issued in that state
 32        (a)  The order if the order is the controlling order and has not been mod-
 33        ified by a tribunal of another state that assumed jurisdiction pursuant to
 34        this chapter; or
 35        (b)  A money judgment for arrears of support and  interest  on  the  order
 36        accrued  before a determination that an order of another state is the con-
 37        trolling order.
 38        (2)  A tribunal of this state having  continuing,  exclusive  jurisdiction
 39    over  a  support  order  may act as a responding tribunal to enforce or modify
 40    that the order. If a party subject to the continuing,  exclusive  jurisdiction
 41    of the tribunal no longer resides in the issuing state, in subsequent proceed-
 42    ings  the  tribunal  may apply section 7-1028, Idaho Code, to receive evidence
 43    from another state and section 7-1030, Idaho Code, to obtain discovery through
 44    a tribunal of another state.
 45        (3)  A tribunal of this state which lacks continuing, exclusive  jurisdic-
 46    tion  over  a  spousal support order may not serve as a responding tribunal to
 47    modify a spousal support order of another state.
                                                                        
 48        SECTION 8.  That Chapter 10, Title 7, Idaho Code,  be,  and  the  same  is
 49    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 50    ignated as Section 7-1009A, Idaho Code, and to read as follows:
                                                                        
 51        7-1009A.  APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURIS-
                                                                        
                                         8
                                                                        
  1    DICTION. A tribunal of this state exercising personal jurisdiction over a non-
  2    resident  in a proceeding under this chapter, under other law  of  this  state
  3    relating to a support order, or recognizing a support order of a foreign coun-
  4    try  or political subdivision on the basis of comity may receive evidence from
  5    another state pursuant to section 7-1028, Idaho Code, communicate with a  tri-
  6    bunal of another state pursuant to section 7-1029, Idaho Code, and obtain dis-
  7    covery  through  a tribunal of another state pursuant to section 7-1030, Idaho
  8    Code. In all other respects, sections 7-1013 through 7-1054,  Idaho  Code,  do
  9    not  apply  and the tribunal shall apply the procedural and substantive law of
 10    this state.
                                                                        
 11        SECTION 9.  That Chapter 10, Title 7, Idaho Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 7-1009B, Idaho Code, and to read as follows:
                                                                        
 14        7-1009B.  CONTINUING, EXCLUSIVE  JURISDICTION  TO  MODIFY  SPOUSAL-SUPPORT
 15    ORDER. (1) A tribunal of this state issuing a spousal-support order consistent
 16    with  the  law  of this state has continuing, exclusive jurisdiction to modify
 17    the spousal-support order throughout the existence of the support obligation.
 18        (2)  A tribunal of this state  may  not  modify  a  spousal-support  order
 19    issued  by  a tribunal of another state having continuing, exclusive jurisdic-
 20    tion over that order under the law of that state.
 21        (3)  A tribunal of this state that has continuing, exclusive  jurisdiction
 22    over a spousal-support order may serve as:
 23        (a)  An  initiating  tribunal  to  request  a tribunal of another state to
 24        enforce the spousal-support order issued in this state; or
 25        (b)  A responding tribunal to enforce or modify  its  own  spousal-support
 26        order.
                                                                        
 27        SECTION  10.  That  Section 7-1010, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        7-1010.  RECOGNITION DETERMINATION OF CONTROLLING  CHILD  SUPPORT  ORDERS.
 30    (1)  If  a  proceeding is brought under this chapter and only one (1) tribunal
 31    has issued a child support order, the order of that  tribunal  is  controlling
 32    and must be so recognized.
 33        (2)  If  a  proceeding  is brought under this chapter, and two (2) or more
 34    child support orders have been issued by tribunals of this  state  or  another
 35    state with regard to the same obligor and same child, a tribunal of this state
 36    having  personal  jurisdiction  over  both  the obligor and individual obligee
 37    shall apply the following rules in determining and by  order  shall  determine
 38    which  order  to  recognize for purposes of continuing, exclusive jurisdiction
 39    controls:
 40        (a)  If only one (1) of the tribunals  would  have  continuing,  exclusive
 41        jurisdiction under this chapter, the order of that tribunal is controlling
 42        and must be so recognized;
 43        (b)  If  more  than one (1) of the tribunals would have continuing, exclu-
 44        sive jurisdiction under this chapter,:
 45             (i)   Aan order issued by a tribunal in the current home state of the
 46             child must be recognized, controls; but
 47             (ii)  Iif an order has not been issued in the current home  state  of
 48             the  child,  the  order  more most recently issued is controlling and
 49             must be recognized controls;
 50        (c)  If none of the tribunals would have continuing,  exclusive  jurisdic-
 51        tion  under  this  chapter, the tribunal of this state having jurisdiction
                                                                        
                                         9
                                                                        
  1        over the parties must shall issue a child support order, which is control-
  2        ling and must be recognized controls.
  3        (3)  If two (2) or more child support orders have been issued for the same
  4    obligor and same child, and if the obligor or the individual  obligee  resides
  5    in this state, upon request of a party may request who is an individual  or  a
  6    support enforcement agency, a tribunal of this state to having personal juris-
  7    diction  over  both  the  obligor  and  the obligee who is an individual shall
  8    determine which order controls and must be recognized under subsection (2)  of
  9    this  section.  The  request  must be accompanied by a certified copy of every
 10    support order in effect. Every party whose rights may be affected by a  deter-
 11    mination of the controlling order must be given notice of the request for that
 12    determination. The request may be filed with a registration for enforcement or
 13    registration  for  modification  pursuant  to  sections 7-1040 through 7-1053,
 14    Idaho Code, or may be filed as a separate proceeding.
 15        (4)  A request to determine which is the controlling order must be  accom-
 16    panied  by  a  copy  of every child support order in effect and the applicable
 17    record of payments. The requesting party shall give notice of the  request  to
 18    each party whose rights may be affected by the determination.
 19        (5)  The  tribunal  that  issued the controlling order that must be recog-
 20    nized as controlling under subsection (1), (2) or (3) of this section  is  the
 21    tribunal that has continuing, exclusive jurisdiction in accordance with to the
 22    extent provided in section 7-1008 or 7-1009, Idaho Code.
 23        (56)  A tribunal of this state which that determines by order the identity
 24    of  which  is the controlling child support order under subsections (2)(a), or
 25    (2)(b), or (3) of this section or which that issues a  new  controlling  child
 26    support  order  under subsection (2)(c) of this section shall include state in
 27    that order:
 28        (a)  Tthe basis upon which the tribunal made its determination;
 29        (b)  The amount of prospective support, if any; and
 30        (c)  The total amount of consolidated arrears  and  accrued  interest,  if
 31        any,  under all of the orders after all payments made are credited as pro-
 32        vided by section 7-1012, Idaho Code.
 33        (67)  Within thirty (30) days after issuance of the an  order  determining
 34    the identity of which is the controlling order, the party obtaining that order
 35    shall  file  a  certified  copy of it with in each tribunal that had issued or
 36    registered an earlier order of child support. Failure of the A party  or  sup-
 37    port  enforcement  agency  obtaining  the order that fails to file a certified
 38    copy as required is subjects that party to appropriate sanctions by a tribunal
 39    in which the issue of failure to file arises., but that  The  failure  has  no
 40    effect  on  to file does not affect the validity or enforceability of the con-
 41    trolling order.
 42        (8)  An order that has been determined to be the controlling order,  or  a
 43    judgment for consolidated arrears of support and interest, if any, made pursu-
 44    ant to this section must be recognized in proceedings under this chapter.
                                                                        
 45        SECTION  11.  That  Section 7-1011, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        7-1011.  MULTIPLE CHILD SUPPORT  ORDERS  FOR  TWO  OR  MORE  OBLIGEES.  In
 48    responding  to  multiple registrations or petitions for enforcement of two (2)
 49    or more child support orders in effect at the same time  with  regard  to  the
 50    same  obligor and different individual obligees, at least one (1) of which was
 51    issued by a tribunal of another state, a tribunal of this state shall  enforce
 52    those orders in the same manner as if the multiple orders had been issued by a
 53    tribunal of this state.
                                                                        
                                         10
                                                                        
  1        SECTION  12.  That  Section 7-1012, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        7-1012.  CREDIT FOR PAYMENTS.  A  tribunal  of  this  state  shall  credit
  4    aAmounts  collected and credited for a particular period pursuant to any child
  5    support order against the amounts owed for the same  period  under  any  other
  6    child support order for support of the same child issued by a tribunal of this
  7    or another state. must be credited against the amounts accruing or accrued for
  8    the same period under a support order issued by the tribunal of this state.
                                                                        
  9        SECTION  13.  That  Section 7-1013, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        7-1013.  PROCEEDINGS UNDER THIS CHAPTER. (1) Except as otherwise  provided
 12    in this chapter, sections 7-1013 through 7-1031, Idaho Code, apply to all pro-
 13    ceedings under the provisions of this chapter.
 14        (2)  This chapter provides for the following proceedings:
 15        (a)  Establishment of an order for spousal support or child support pursu-
 16        ant to section 7-1032, Idaho Code;
 17        (b)  Enforcement  of  a  support  order  and  income-withholding  order of
 18        another state without registration pursuant  to  sections  7-1033  through
 19        7-1039, Idaho Code;
 20        (c)  Registration  of  an  order  for  spousal support or child support of
 21        another state for enforcement pursuant to sections 7-1040 through  7-1053,
 22        Idaho Code;
 23        (d)  Modification  of an order for child support or spousal support issued
 24        by a tribunal of this state pursuant to sections  7-1006  through  7-1009,
 25        Idaho Code;
 26        (e)  Registration of an order for child support of another state for modi-
 27        fication pursuant to sections 7-1040 through 7-1053, Idaho Code;
 28        (f)  Determination  of  parentage  pursuant to section 7-1054, Idaho Code;
 29        and
 30        (g)  Assertion of jurisdiction  over  nonresidents  pursuant  to  sections
 31        7-1004 and 7-1005, Idaho Code.
 32        (3)  An individual petitioner or a support enforcement agency may commence
 33    initiate a proceeding authorized under this chapter by filing a petition in an
 34    initiating  tribunal  for  forwarding  to a responding tribunal or by filing a
 35    petition or a comparable pleading directly in  a  tribunal  of  another  state
 36    which has or can obtain personal jurisdiction over the respondent.
                                                                        
 37        SECTION  14.  That  Section 7-1014, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        7-1014.  ACTION PROCEEDING BY MINOR PARENT. A minor parent, or a  guardian
 40    or  other legal representative of a minor parent, may maintain a proceeding on
 41    behalf of or for the benefit of the minor's child.
                                                                        
 42        SECTION 15.  That Section 7-1015, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        7-1015.  APPLICATION OF LAW OF THIS STATE. Except as otherwise provided in
 45    this chapter, a responding tribunal of this state shall:
 46        (1)  Shall  aApply  the procedural and substantive law, including the rule
 47    on choice of law, generally applicable to similar proceedings  originating  in
 48    this  state  and may exercise all powers and provide all remedies available in
                                                                        
                                         11
                                                                        
  1    those proceedings; and
  2        (2)  Shall dDetermine the duty of support and the amount payable in accor-
  3    dance with the law and support guidelines of this state.
                                                                        
  4        SECTION 16.  That Section 7-1016, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:
                                                                        
  6        7-1016.  DUTIES  OF INITIATING TRIBUNAL. (1) Upon the filing of a petition
  7    authorized in this chapter, an  initiating  tribunal of this state shall  for-
  8    ward three (3) copies of the petition and its accompanying documents:
  9        (a)  To  the responding tribunal or appropriate support enforcement agency
 10        in the responding state; or
 11        (b)  If the identity of the responding tribunal is unknown, to  the  state
 12        information  agency  of  the  responding state with a request that they be
 13        forwarded to the appropriate tribunal and that receipt be acknowledged.
 14        (2)  If a responding state has not enacted this chapter or a law or proce-
 15    dure substantially similar to this chapter requested by the responding  tribu-
 16    nal,  a    tribunal  of  this  state  may  shall  issue a certificate or other
 17    documents and make findings required by the law of the  responding  state.  If
 18    the  responding  state is a foreign jurisdiction country or political subdivi-
 19    sion, upon request the tribunal  may  shall  specify  the  amount  of  support
 20    sought, convert that amount into the equivalent amount in the foreign currency
 21    under  applicable  official  or market exchange rate as publicly reported, and
 22    provide any other documents necessary  to  satisfy  the  requirements  of  the
 23    responding state.
                                                                        
 24        SECTION  17.  That  Section 7-1017, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        7-1017.  DUTIES AND POWERS OF RESPONDING TRIBUNAL. (1) When  a  responding
 27    tribunal of this state receives a petition or comparable pleading from an ini-
 28    tiating  tribunal  or  directly pursuant to section 7-1013(32), Idaho Code, it
 29    shall cause the petition or pleading to be filed  and  notify  the  petitioner
 30    where and when it was filed.
 31        (2)  A  responding  tribunal of this state, to the extent otherwise autho-
 32    rized not prohibited by other law, may do one (1) or more of the following:
 33        (a)  Issue or enforce a support  order,  modify  a  child  support  order,
 34        determine  the  controlling  child  support order, or render a judgment to
 35        determine parentage;
 36        (b)  Order an obligor to comply  with  a  support  order,  specifying  the
 37        amount and the manner of compliance;
 38        (c)  Order income withholding;
 39        (d)  Determine  the amount of any arrearages, and specify a method of pay-
 40        ment;
 41        (e)  Enforce orders by civil or criminal contempt, or both;
 42        (f)  Set aside property for satisfaction of the support order;
 43        (g)  Place liens and order execution on the obligor's property;
 44        (h)  Order an obligor to keep the tribunal informed of the obligor's  cur-
 45        rent  residential  address, telephone number, employer, address of employ-
 46        ment, and telephone number at the place of employment;
 47        (i)  Issue a bench warrant for an obligor  who  has  failed  after  proper
 48        notice  to appear at a hearing ordered by the tribunal and enter the bench
 49        warrant in any local and state computer systems for criminal warrants;
 50        (j)  Order the obligor to seek appropriate employment by  specified  meth-
 51        ods;
                                                                        
                                         12
                                                                        
  1        (k)  Award reasonable attorney's fees and other fees and costs; and
  2        (l)  Grant any other available remedy.
  3        (3)  A  responding tribunal of this state shall include in a support order
  4    issued under this chapter, or in the documents  accompanying  the  order,  the
  5    calculations on which the support order is based.
  6        (4)  A  responding tribunal of this state may not condition the payment of
  7    a support order issued under this chapter upon compliance by a party with pro-
  8    visions for visitation.
  9        (5)  If a responding tribunal of this state issues  an  order  under  this
 10    chapter,  the  tribunal  shall send a copy of the order to the petitioner  and
 11    the respondent and to the initiating tribunal, if any.
 12        (6)  If requested to enforce a support order, arrears, or judgment or mod-
 13    ify a support order stated in a foreign currency,  a  responding  tribunal  of
 14    this  state  shall  convert  the  amount stated in the foreign currency to the
 15    equivalent amount in dollars under applicable official or market exchange rate
 16    as publicly reported.
                                                                        
 17        SECTION 18.  That Section 7-1018, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        7-1018.  INAPPROPRIATE  TRIBUNAL.  If a petition or comparable pleading is
 20    received by an inappropriate tribunal of this state,  it  the  tribunal  shall
 21    forward  the pleading and accompanying documents to an appropriate tribunal in
 22    this state or another state and notify  the  petitioner  where  and  when  the
 23    pleading was sent.
                                                                        
 24        SECTION  19.  That  Section 7-1019, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        7-1019.  DUTIES OF SUPPORT ENFORCEMENT AGENCY. (1) A  support  enforcement
 27    agency  of this state, upon request, shall provide services to a petitioner in
 28    a proceeding under the provisions of this chapter.
 29        (2)  A support enforcement agency of this state that is providing services
 30    to the petitioner as appropriate shall:
 31        (a)  Take all steps necessary to enable an appropriate  tribunal  in  this
 32        state or another state to obtain jurisdiction over the respondent;
 33        (b)  Request  an  appropriate tribunal to set a date, time and place for a
 34        hearing;
 35        (c)  Make a reasonable effort to obtain all relevant information,  includ-
 36        ing information as to income and property of the parties;
 37        (d)  Within two (2) days, exclusive of Saturdays, Sundays, and legal holi-
 38        days,  after  receipt  of a written notice in a record from an initiating,
 39        responding, or registering tribunal, send a copy  of  the  notice  to  the
 40        petitioner;
 41        (e)  Within two (2) days, exclusive of Saturdays, Sundays, and legal holi-
 42        days,  after  receipt  of  a  written  communication  in a record from the
 43        respondent or the respondent's attorney, send a copy of the  communication
 44        to the petitioner; and
 45        (f)  Notify  the  petitioner if jurisdiction over the respondent cannot be
 46        obtained.
 47        (3)  A support enforcement agency of this state that requests registration
 48    of a child support order in this state for  enforcement  or  for  modification
 49    shall make reasonable efforts:
 50        (a)  To  ensure  that the order to be registered is the controlling order;
 51        or
                                                                        
                                         13
                                                                        
  1        (b)  If two (2) or more child support orders exist and the identity of the
  2        controlling order has not been determined, to ensure that  a  request  for
  3        such a determination is made in a tribunal having jurisdiction to do so.
  4        (4)  A support enforcement agency of this state that requests registration
  5    and  enforcement  of a support order, arrears, or judgment stated in a foreign
  6    currency shall convert the amounts stated in the  foreign  currency  into  the
  7    equivalent amounts in dollars under the applicable official or market exchange
  8    rate as publicly reported.
  9        (5)  A  support  enforcement agency of this state shall request a tribunal
 10    of this state to issue a child support order and an  income-withholding  order
 11    that  redirect  payment of current support, arrears, and interest if requested
 12    to do so by a support enforcement agency of another state pursuant to  section
 13    7-1031, Idaho Code.
 14        (6)  This chapter does not create or negate a relationship of attorney and
 15    client or other fiduciary relationship between a support enforcement agency or
 16    the attorney for the agency and the individual being assisted by the agency.
                                                                        
 17        SECTION  20.  That  Section 7-1020, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        7-1020.  DUTY OF ATTORNEY GENERAL STATE OFFICIAL OR  AGENCY.  (1)  If  the
 20    attorney general appropriate state official or agency determines that the sup-
 21    port  enforcement  agency  is neglecting or refusing to provide services to an
 22    individual, the attorney general state official or agency may order the agency
 23    to perform its duties  under  this  chapter  or  may  provide  those  services
 24    directly to the individual.
 25        (2)  The appropriate state official or agency may determine that a foreign
 26    country  or political subdivision has established a reciprocal arrangement for
 27    child support with this state and take appropriate action for notification  of
 28    the determination.
                                                                        
 29        SECTION  21.  That  Section 7-1022, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        7-1022.  DUTIES OF STATE INFORMATION AGENCY. (1) The central  registry  in
 32    the  bureau  of  child  support of the department of health and welfare is the
 33    state information agency under this chapter.
 34        (2)  The state information agency shall:
 35        (a)  Compile and maintain a current list, including addresses, of the tri-
 36        bunals  in this state which have jurisdiction under this chapter  and  any
 37        other  support  enforcement  agencies in this state and transmit a copy to
 38        the state information agency of every other state;
 39        (b)  Maintain a register of names and addresses of tribunals  and  support
 40        enforcement agencies received from other states;
 41        (c)  Forward to the appropriate tribunal in the place county in this state
 42        in  which  the  individual  obligee  who  is  an individual or the obligor
 43        resides, or in which the obligor's property is believed to be located, all
 44        documents concerning a proceeding under this chapter received from an ini-
 45        tiating tribunal or the state information agency of the initiating  state;
 46        and
 47        (d)  Obtain  information  concerning  the  location of the obligor and the
 48        obligor's property within this state not exempt from  execution,  by  such
 49        means as postal verification and federal or state locator services, exami-
 50        nation  of  telephone directories, requests for the obligor's address from
 51        employers, and examination of  governmental  records,  including,  to  the
                                                                        
                                         14
                                                                        
  1        extent not prohibited by other law, those relating to real property, vital
  2        statistics,  law enforcement, taxation, motor vehicles, driver's licenses,
  3        and social security.
                                                                        
  4        SECTION 22.  That Section 7-1023, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:
                                                                        
  6        7-1023.  PLEADINGS  AND  ACCOMPANYING DOCUMENTS. (1) In a proceeding under
  7    this chapter, aA petitioner seeking to establish or modify a support order, or
  8    to determine parentage, in a proceeding under this chapter or to register  and
  9    modify  a  support  order  of  another  state must verify the file a petition.
 10    Unless otherwise ordered under section 7-1024, Idaho  Code,  the  petition  or
 11    accompanying  documents  must  provide, so far as known, the name, residential
 12    address, and social security numbers of the obligor and  the  obligee  or  the
 13    parent  and  alleged  parent,  and  the name, sex, residential address, social
 14    security number, and date of birth of each child for whom whose  benefit  sup-
 15    port  is  sought  or  whose parentage is to be determined. Unless filed at the
 16    time of registration, tThe petition must be accompanied by a certified copy of
 17    any support order in effect known to have been issued by another tribunal. The
 18    petition may include any other information that  may  assist  in  locating  or
 19    identifying the respondent.
 20        (2)  The  petition must specify the relief sought. The petition and accom-
 21    panying documents must conform substantially with the requirements imposed  by
 22    the forms mandated by federal law for use in cases filed by a support enforce-
 23    ment agency.
                                                                        
 24        SECTION  23.  That  Section 7-1024, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        7-1024.  NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES. Upon a
 27    finding, which may be made ex parte, If a party alleges in an affidavit  or  a
 28    pleading  under  oath  that the health, safety, or liberty of a party or child
 29    would be unreasonably put at risk jeopardized by the  disclosure  of  specific
 30    identifying information, or if an existing order so provides, a tribunal shall
 31    order  that the address of the child or party or other identifying information
 32    not be disclosed in a pleading or other document filed in a  proceeding  under
 33    this  chapter  that information must be sealed and may not be disclosed to the
 34    other party or the public. After a hearing in which a tribunal takes into con-
 35    sideration the health, safety, or liberty of the party or child, the  tribunal
 36    may  order disclosure of information that the tribunal determines to be in the
 37    interest of justice.
                                                                        
 38        SECTION 24.  That Section 7-1026, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        7-1026.  LIMITED IMMUNITY OF PETITIONER. (1) Participation by a petitioner
 41    in  a  proceeding  under this chapter before a responding tribunal, whether in
 42    person, by private attorney, or  through  services  provided  by  the  support
 43    enforcement  agency, does not confer personal jurisdiction over the petitioner
 44    in another proceeding.
 45        (2)  A petitioner is not amenable to service of civil process while physi-
 46    cally present in this state to participate in a proceeding under this chapter.
 47        (3)  The immunity granted by this section does not extend to civil litiga-
 48    tion based on acts unrelated to a proceeding under this chapter committed by a
 49    party while physically present in this state to participate in the proceeding.
                                                                        
                                         15
                                                                        
  1        SECTION 25.  That Section 7-1028, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        7-1028.  SPECIAL  RULES  OF EVIDENCE AND PROCEDURE. (1) The physical pres-
  4    ence of the petitioner a nonresident party who is an individual in a  respond-
  5    ing tribunal of this state is not required for the establishment, enforcement,
  6    or  modification of a support order or the rendition of a judgment determining
  7    parentage.
  8        (2)  A verified petition, An affidavit, a document substantially complying
  9    with federally mandated forms, and or a document incorporated by reference  in
 10    any  of  them,  which would not be excluded under the hearsay rule if given in
 11    person, is admissible in evidence if given under oath penalty of perjury by  a
 12    party or witness residing in another state.
 13        (3)  A  copy  of  the record of child support payments certified as a true
 14    copy of the original by the custodian of the record  may  be  forwarded  to  a
 15    responding  tribunal.  The  copy  is  evidence of facts asserted in it, and is
 16    admissible to show whether payments were made.
 17        (4)  Copies of bills for testing  for  parentage,  and  for  prenatal  and
 18    postnatal  health care of the mother and child, furnished to the adverse party
 19    at least ten (10) days before trial, are admissible in evidence to  prove  the
 20    amount  of the charges billed and that the charges were reasonable, necessary,
 21    and customary.
 22        (5)  Documentary evidence transmitted from another state to a tribunal  of
 23    this  state  by  telephone,  telecopier, or other means that do not provide an
 24    original writing record may not be excluded  from  evidence  on  an  objection
 25    based on the means of transmission.
 26        (6)  In  a  proceeding  under  this  chapter, a tribunal of this state may
 27    shall permit a party or witness residing in another state to be deposed or  to
 28    testify by telephone, audiovisual means, or other electronic means at a desig-
 29    nated tribunal or other location in that state. A tribunal of this state shall
 30    cooperate  with  tribunals of other states in designating an appropriate loca-
 31    tion for the deposition or testimony.
 32        (7)  If a party called to testify at a civil hearing refuses to answer  on
 33    the ground that the testimony may be self-incriminating, the trier of fact may
 34    draw an adverse inference from the refusal.
 35        (8)  A privilege against disclosure of communications between spouses does
 36    not apply in a proceeding under this chapter.
 37        (9)  The  defense  of  immunity based upon the relationship of husband and
 38    wife or parent and child does not apply in a proceeding under this chapter.
 39        (10) A voluntary acknowledgment of paternity, certified as a true copy, is
 40    admissible to establish parentage of the child.
                                                                        
 41        SECTION 26.  That Section 7-1029, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        7-1029.  COMMUNICATIONS  BETWEEN  TRIBUNALS.  A tribunal of this state may
 44    communicate with a tribunal of another state or foreign country  or  political
 45    subdivision  in  writing  a  record, or by telephone or other means, to obtain
 46    information concerning the laws, of that state, the legal effect  of  a  judg-
 47    ment, decree, or order of that tribunal, and the status of a proceeding in the
 48    other  state  or  foreign country or political subdivision. A tribunal of this
 49    state may furnish similar information  by  similar  means  to  a  tribunal  of
 50    another state or foreign country or political subdivision.
                                                                        
 51        SECTION  27.  That  Section 7-1031, Idaho Code, be, and the same is hereby
                                                                        
                                         16
                                                                        
  1    amended to read as follows:
                                                                        
  2        7-1031.  RECEIPT AND DISBURSEMENT OF PAYMENTS. (1) A  support  enforcement
  3    agency  or tribunal of this state shall disburse promptly any amounts received
  4    pursuant to a support order, as directed by the order. The agency or  tribunal
  5    shall  furnish  to a requesting party or tribunal of another state a certified
  6    statement by the custodian of the record of the amounts and dates of all  pay-
  7    ments received.
  8        (2)  If neither the obligor, nor the obligee who is an individual, nor the
  9    child  resides in this state, upon request from the support enforcement agency
 10    of this state or another state, the support enforcement agency of  this  state
 11    or a tribunal of this state shall:
 12        (a)  Direct  that  the  support payment be made to the support enforcement
 13        agency in the state in which the obligee is receiving services; and
 14        (b)  Issue and  send  to  the  obligor's  employer  a  conforming  income-
 15        withholding order or an administrative notice of change of payee, reflect-
 16        ing the redirected payments.
 17        (3)  The  support  enforcement  agency  of this state receiving redirected
 18    payments from another state pursuant to subsection (2) of this  section  shall
 19    furnish  to  a  requesting  party  or  tribunal of the other state a certified
 20    statement by the custodian of the record of the amount and date  of  all  pay-
 21    ments received.
                                                                        
 22        SECTION  28.  That  Section 7-1032, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        7-1032.  PETITION TO ESTABLISH SUPPORT ORDER. (1) If a support order enti-
 25    tled to recognition under this chapter has not been issued, a responding  tri-
 26    bunal of this state may issue a support order if:
 27        (a)  The individual seeking the order resides in another state; or
 28        (b)  The  support  enforcement  agency  seeking  the  order  is located in
 29        another state.
 30        (2)  The tribunal may issue a temporary child support order if the  tribu-
 31    nal determines that such an order is appropriate and the individual ordered to
 32    pay is:
 33        (a)  The  respondent has signed a verified statement acknowledging parent-
 34        age A presumed father of the child;
 35        (b)  The respondent has been determined by or pursuant to law  to  be  the
 36        parent Petitioning to have his paternity adjudicated; or
 37        (c)  There  is  other clear and convincing evidence that the respondent is
 38        the child's parent Identified as the father of the child  through  genetic
 39        testing;
 40        (d)  An alleged father who has declined to submit to genetic testing;
 41        (e)  Shown by clear and convincing evidence to be the father of the child;
 42        (f)  An acknowledged father as provided by applicable state law;
 43        (g)  The mother of the child; or
 44        (h)  An individual who has been ordered to pay child support in a previous
 45        proceeding and the order has not been reversed or vacated.
 46        (3)  Upon finding, after notice and opportunity to be heard, that an obli-
 47    gor  owes a duty of support, the tribunal shall issue a support order directed
 48    to the obligor and may issue other orders pursuant to  section  7-1017,  Idaho
 49    Code.
                                                                        
 50        SECTION  29.  That  Section 7-1033, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
                                         17
                                                                        
  1        7-1033.  EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER  STATE.
  2    An  income-withholding  order  issued  in  another  state may be sent by or on
  3    behalf of the obligee, or by the support enforcement agency, to the person  or
  4    entity  defined  as the obligor's employer under the provisions of chapter 12,
  5    title 7, Idaho Code, without first filing a petition or comparable pleading or
  6    registering the order with a tribunal of this state.
                                                                        
  7        SECTION 30.  That Section 7-1034, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        7-1034.  EMPLOYER'S  COMPLIANCE  WITH  INCOME-WITHHOLDING ORDER OF ANOTHER
 10    STATE. (1) Upon the receipt of the an income-withholding order, the  obligor's
 11    employer shall immediately provide a copy of the order to the obligor.
 12        (2)  The  employer  shall  treat  an  income-withholding  order  issued in
 13    another state which appears regular on its face as if it has had  been  issued
 14    by a tribunal of this state.
 15        (3)  Except  as  provided  by  subsection  (4) of this section and section
 16    7-1035, Idaho Code, the employer shall withhold and distribute  the  funds  as
 17    directed in the withholding order by complying with the terms of the order, as
 18    applicable, that which specify:
 19        (a)  The  duration  and  the  amount of periodic payments of current child
 20        support, stated as a sum certain;
 21        (b)  The person or agency designated to receive payments and  the  address
 22        to which the payments are to be forwarded;
 23        (c)  Medical support, whether in the form of periodic cash payment, stated
 24        as a sum certain, or ordering the obligor to provide health insurance cov-
 25        erage for the child under a policy available through the obligor's employ-
 26        ment;
 27        (d)  The  amount  of  periodic  payments  of  fees and costs for a support
 28        enforcement agency, the issuing  tribunal,  and  the  obligee's  attorney,
 29        stated as sums certain; and
 30        (e)  The  amount  of periodic payments of arrears and interest on arrears,
 31        stated as sums certain.
 32        (4)  The employer shall comply with the law of the state of the  obligor's
 33    principal place of employment for withholding from income with respect to:
 34        (a)  The employer's fee for processing an income-withholding order;
 35        (b)  The  maximum  amount  permitted  to  be  withheld  from the obligor's
 36        income; and
 37        (c)  The times periods within which the employer must implement the  with-
 38        holding order and forward the child support payment.
                                                                        
 39        SECTION  31.  That  Section 7-1035, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        7-1035.  EMPLOYER'S  COMPLIANCE  WITH  MULTIPLE  TWO   OR   MORE   INCOME-
 42    WITHHOLDING  ORDERS. If the an obligor's employer receives multiple two (2) or
 43    more income-withholding orders with respect to withhold support from the earn-
 44    ings of the same obligor, the employer shall be deemed to have satisfied  sat-
 45    isfies  the terms of the multiple orders if the employer complies with the law
 46    of the state of the obligor's principal place of employment to  establish  the
 47    priorities for withholding and allocating income withheld for multiple two (2)
 48    or more child support obligees. is complied with.
                                                                        
 49        SECTION  32.  That  Section 7-1036, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
                                         18
                                                                        
  1        7-1036.  IMMUNITY FROM CIVIL LIABILITY. An employer who complies  with  an
  2    income-withholding  order issued by in another state in  accordance  with this
  3    article chapter is not subject to civil liability to any individual or  agency
  4    with  regard to the employer's withholding of child support from the obligor's
  5    income.
                                                                        
  6        SECTION 33.  That Section 7-1038, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        7-1038.  CONTEST  BY  OBLIGOR.  (1) An obligor may contest the validity or
  9    enforcement of  an  income-withholding  order  issued  in  another  state  and
 10    received  directly  by an employer in this state by registering the order in a
 11    tribunal of this state and filing a contest to that order as provided in  sec-
 12    tions  7-1040 through 7-1053, Idaho Code, or otherwise contesting the order in
 13    the same manner as if the order had been issued by a tribunal of  this  state.
 14    Section 7-1043, Idaho Code, applies to the contest.
 15        (2)  The obligor shall give notice of the contest to:
 16        (a)  A support enforcement agency providing services to the obligee;
 17        (b)  Each  employer which that has directly received an income-withholding
 18        order relating to the obligor; and
 19        (c)  The person or agency designated to receive payments  in  the  income-
 20        withholding order, or, if no person is designated, to the obligee.
                                                                        
 21        SECTION  34.  That  Section 7-1039, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        7-1039.  ADMINISTRATIVE ENFORCEMENT OF ORDERS.  (1)  A  party  or  support
 24    enforcement agency seeking to enforce a support order or an income-withholding
 25    order,  or  both, issued by a tribunal of another state may send the documents
 26    required for registering the order to a support  enforcement  agency  of  this
 27    state.
 28        (2)  Upon  receipt of the documents, the support enforcement agency, with-
 29    out initially seeking to register the order, shall consider and, if  appropri-
 30    ate,  use  any administrative procedure authorized by the law of this state to
 31    enforce a support order or an income-withholding order, or both. If the  obli-
 32    gor  does not contest administrative enforcement, the order need not be regis-
 33    tered. If the obligor contests the validity or administrative  enforcement  of
 34    the order, the support enforcement agency shall register the order pursuant to
 35    this chapter.
                                                                        
 36        SECTION  35.  That  Section 7-1040, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        7-1040.  REGISTRATION OF ORDER FOR ENFORCEMENT.  A  support  order  or  an
 39    income-withholding  order  issued by a tribunal of another state may be regis-
 40    tered in this state for enforcement.
                                                                        
 41        SECTION 36.  That Section 7-1041, Idaho Code, be, and the same  is  hereby
 42    amended to read as follows:
                                                                        
 43        7-1041.  PROCEDURE  TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order
 44    or income-withholding order of another state may be registered in  this  state
 45    by  sending  the  following  documents records and information to the district
 46    court in this state:
 47        (a)  A letter of transmittal to the tribunal requesting  registration  and
                                                                        
                                         19
                                                                        
  1        enforcement;
  2        (b)  Two  (2)  copies, including one (1) certified copy, of all the orders
  3        to be registered, including any modification of an the order;
  4        (c)  A sworn statement by the party seeking person requesting registration
  5        or a certified statement by the  custodian  of  the  records  showing  the
  6        amount of any arrearage;
  7        (d)  The name of the obligor and, if known:
  8             (i)   The obligor's address and social security number;
  9             (ii)  The  name  and  address of the obligor's employer and any other
 10             source of income of the obligor; and
 11             (iii) A description and the location of property of  the  obligor  in
 12             this state not exempt from execution; and
 13        (e)  Except as otherwise provided in section 7-1024, Idaho Code, tThe name
 14        and  address  of  the  obligee and, if applicable, the agency or person to
 15        whom support payments are to be remitted.
 16        (2)  On receipt of a request for registration,  the  registering  tribunal
 17    shall cause the order to be filed as a foreign judgment, together with one (1)
 18    copy of the documents and information, regardless of their form.
 19        (3)  A  petition  or  comparable  pleading  seeking  a remedy that must be
 20    affirmatively sought under other law of this state may be filed  at  the  same
 21    time  as  the request for registration or later. The pleading must specify the
 22    grounds for the remedy sought.
 23        (4)  If two (2) or more orders are in effect, the person requesting regis-
 24    tration shall:
 25        (a)  Furnish to the tribunal a copy of every support order asserted to  be
 26        in effect in addition to the documents specified in this section;
 27        (b)  Specify the order alleged to be the controlling order, if any; and
 28        (c)  Specify the amount of consolidated arrears, if any.
 29        (5)  A  request  for a determination of which is the controlling order may
 30    be filed separately or with a request for registration and enforcement or  for
 31    registration  and  modification. The person requesting registration shall give
 32    notice of the request to each party whose rights may be affected by the deter-
 33    mination.
                                                                        
 34        SECTION 37.  That Section 7-1043, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        7-1043.  CHOICE OF LAW. (1) Except as otherwise provided in subsection (4)
 37    of this section, tThe law of the issuing state governs:
 38        (a)  Tthe  nature,  extent,  amount, and duration of  current payments and
 39        other obligations of support and under a registered support order;
 40        (b)  Tthe computation and payment of arrearages and accrual of interest on
 41        the arrearages under the support order; and
 42        (c)  The existence and satisfaction of other obligations under the support
 43        order.
 44        (2)  In a proceeding for arrearages arrears  under  a  registered  support
 45    order,  the statute of limitation under the laws of this state or of the issu-
 46    ing state, whichever is longer, applies.
 47        (3)  A responding tribunal of this state shall apply  the  procedures  and
 48    remedies  of  this  state  to  enforce current support and collect arrears and
 49    interest due on a support order of another state registered in this state.
 50        (4)  After a tribunal of this or another state  determines  which  is  the
 51    controlling  order and issues an order consolidating arrears, if any, a tribu-
 52    nal of this state shall prospectively apply the law of the state  issuing  the
 53    controlling  order,  including  its law on interest on arrears, on current and
                                                                        
                                         20
                                                                        
  1    future support, and on consolidated arrears.
                                                                        
  2        SECTION 38.  That Section 7-1044, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        7-1044.  NOTICE  OF  REGISTRATION  OF  ORDER.  (1) When a support order or
  5    income-withholding order issued in another state is registered, the  register-
  6    ing  tribunal shall notify the nonregistering party. The notice must be accom-
  7    panied by a copy of the registered order and the documents and relevant infor-
  8    mation accompanying the order.
  9        (2)  The A notice must inform the nonregistering party:
 10        (a)  That a registered order is enforceable as of the date of registration
 11        in the same manner as an order issued by a tribunal of this state;
 12        (b)  That a hearing to contest the validity or enforcement of  the  regis-
 13        tered  order  must  be requested within twenty (20) days after the date of
 14        mailing or personal service of the notice;
 15        (c)  That failure to contest the validity or enforcement of the registered
 16        order in a timely manner will result in  confirmation  of  the  order  and
 17        enforcement of the order and the alleged arrearages; and precludes further
 18        contest  of  that  order  with  respect to any matter that could have been
 19        asserted; and
 20        (d)  Of the amount of any alleged arrearages.
 21        (3)  If the registering party asserts that two (2) or more orders  are  in
 22    effect, a notice must also:
 23        (a)  Identify the two (2) or more orders and the order alleged by the reg-
 24        istering person to be the controlling order  and the consolidated arrears,
 25        if any;
 26        (b)  Notify  the  nonregistering  party of the right to a determination of
 27        which is the controlling order;
 28        (c)  State that the procedures provided in subsection (2) of this  section
 29        apply to the determination of which is the controlling order; and
 30        (d)  State  that  failure  to  contest  the validity or enforcement of the
 31        order alleged to be the controlling order in a timely manner may result in
 32        confirmation that the order is the controlling order.
 33        (4)  Upon registration of an income-withholding order for enforcement, the
 34    registering tribunal shall notify the obligor's employer pursuant to the  pro-
 35    visions of chapter 12, title 7, Idaho Code.
                                                                        
 36        SECTION  39.  That  Section 7-1046, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        7-1046.  CONTEST OF REGISTRATION OR ENFORCEMENT. (1)  A  party  contesting
 39    the  validity  or enforcement of a   registered order or seeking to vacate the
 40    registration has the burden of proving  one  (1)  or  more  of  the  following
 41    defenses:
 42        (a)  The issuing tribunal lacked personal jurisdiction over the contesting
 43        party;
 44        (b)  The order was obtained by fraud;
 45        (c)  The order has been vacated, suspended, or modified by a later order;
 46        (d)  The issuing tribunal has stayed the order pending appeal;
 47        (e)  There is a defense under the law of this state to the remedy sought;
 48        (f)  Full or partial payment has been made; or
 49        (g)  The statute of limitation under section 7-1043, Idaho Code, precludes
 50        enforcement of some or all of the alleged arrearages; or
 51        (h)  The alleged controlling order is not the controlling order.
                                                                        
                                         21
                                                                        
  1        (2)  If  a  party presents evidence establishing a full or partial defense
  2    under subsection (1) of this section, a tribunal may stay enforcement  of  the
  3    registered  order,  continue the proceeding to permit production of additional
  4    relevant evidence, and issue other appropriate orders. An uncontested  portion
  5    of  the  registered  order may be enforced by all remedies available under the
  6    law of this state.
  7        (3)  If the contesting party does not establish a defense under subsection
  8    (1) of this section to the validity or enforcement of the order, the register-
  9    ing tribunal shall issue an order confirming the order.
                                                                        
 10        SECTION 40.  That Section 7-1049, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        7-1049.  EFFECT OF REGISTRATION FOR MODIFICATION. A tribunal of this state
 13    may  enforce a child support order of another state registered for purposes of
 14    modification, in the same manner as if the order had been issued by a tribunal
 15    of this state, but the registered order may be modified only if  the  require-
 16    ments of section 7-1050, 7-1050A or 7-1052, Idaho Code, have been met.
                                                                        
 17        SECTION  41.  That  Section 7-1050, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        7-1050.  MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.  (1)  After
 20    If section 7-1052, Idaho Code, does not apply, except as otherwise provided in
 21    section 7-1050A, Idaho Code, upon petition a tribunal of this state may modify
 22    a  child support order issued in another state has been which is registered in
 23    this state, unless the provisions of section 7-1052, Idaho  Code,  apply,  the
 24    responding  tribunal of this state may modify that order only if, after notice
 25    and hearing, it the tribunal finds that:
 26        (a)  The following requirements are met:
 27             (i)   Neither tThe child, nor the individual  obligee who is an indi-
 28             vidual, and nor the obligor do not resides in the issuing state;
 29             (ii)  A petitioner who is a nonresident of the this state seeks modi-
 30             fication; and
 31             (iii) The respondent is subject to the personal jurisdiction  of  the
 32             tribunal of this state; or
 33        (b)  An  individual  party  or This state is the state of residence of the
 34        child, or a party who is an individual is subject to the  personal  juris-
 35        diction  of  the tribunal of this state, and all of the individual parties
 36        who are individuals have filed a written consents in a record in the issu-
 37        ing tribunal providing that for a tribunal of this state may to modify the
 38        support order and assume  continuing,  exclusive  jurisdiction.  over  the
 39        order.  However,  if the issuing state is a foreign jurisdiction which has
 40        not enacted this chapter, the written  consent  of  the  individual  party
 41        residing  in  this state is not required for the tribunal to assume juris-
 42        diction to modify the child support order.
 43        (2)  Modification of a registered child support order is  subject  to  the
 44    same  requirements, procedures, and defenses that apply to the modification of
 45    an order issued by a tribunal of this state and the order may be enforced  and
 46    satisfied in the same manner.
 47        (3)  Except  as otherwise provided in section 7-1050A, Idaho Code, aA tri-
 48    bunal of this state may not modify any aspect of a child  support  order  that
 49    may not be modified under the law of the issuing state, including the duration
 50    of  the  obligation of support. If two (2) or more tribunals have issued child
 51    support orders for the same obligor and same child, the order that is control-
                                                                        
                                         22
                                                                        
  1    ling controls and must be  so  recognized  under  the  provisions  of  section
  2    7-1010, Idaho Code, establishes the nonmodifiable aspects of the support order
  3    which are nonmodifiable.
  4        (4)  In a proceeding to modify a child support order, the law of the state
  5    that  is  determined  to have issued the initial controlling order governs the
  6    duration of the obligation of support. The obligor's fulfillment of  the  duty
  7    of support established by that order precludes imposition of a further obliga-
  8    tion of support by a tribunal of this state.
  9        (5)  On  the  issuance of an order by a tribunal of this state modifying a
 10    child support order issued in another state, a  the  tribunal  of  this  state
 11    becomes the tribunal of having continuing, exclusive jurisdiction.
                                                                        
 12        SECTION  42.  That  Chapter  10,  Title 7, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 7-1050A, Idaho Code, and to read as follows:
                                                                        
 15        7-1050A.  JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY OR
 16    POLITICAL  SUBDIVISION. (1) If a foreign country or political subdivision that
 17    is a state will not or may not modify its order pursuant to its laws, a tribu-
 18    nal of this state may assume jurisdiction to modify the  child  support  order
 19    and  bind all individuals subject to the personal jurisdiction of the tribunal
 20    whether or not the consent to modification of a child support order  otherwise
 21    required  of  the  individual pursuant to section 7-1050, Idaho Code, has been
 22    given or whether the individual seeking modification is  a  resident  of  this
 23    state or of the foreign country or political subdivision.
 24        (2)  An order issued pursuant to this section is the controlling order.
                                                                        
 25        SECTION  43.  That  Section 7-1051, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        7-1051.  RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. If a  child  sup-
 28    port  order issued by aA tribunal of this state shall recognize a modification
 29    of its earlier child support order is modified by a tribunal of another  state
 30    which  assumed  jurisdiction  pursuant to this chapter, or a law substantially
 31    similar to this chapter and, upon request, except  as  otherwise  provided  in
 32    this chapter, shall a tribunal of this state:
 33        (1)  May  eEnforce  the  its  order  that  was modified only as to amounts
 34    arrears and interest accruing before the modification;
 35        (2)  Enforce only nonmodifiable aspects of that order;
 36        (3)  May pProvide other appropriate relief only for violations of that its
 37    order which occurred before the effective date of the modification; and
 38        (43)  Shall rRecognize the modifying order of the other state, upon regis-
 39    tration, for the purpose of enforcement.
                                                                        
 40        SECTION 44.  That Section 7-1052, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        7-1052.  JURISDICTION  TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDI-
 43    VIDUAL PARTIES RESIDE IN THIS STATE. (1) If all of the individual parties  who
 44    are  individuals  reside  in  this  state and the child does not reside in the
 45    issuing state, a tribunal of this state has jurisdiction  to  enforce  and  to
 46    modify  the  issuing  state's child support order in a  proceeding to register
 47    that order.
 48        (2)  A tribunal of this state exercising jurisdiction as provided in under
 49    this section shall apply the provisions of  sections  7-1001  through  7-1012,
                                                                        
                                         23
                                                                        
  1    Idaho  Code,  and this section, and the procedural and substantive law of this
  2    state to the enforcement or modification proceeding for enforcement and  modi-
  3    fication.  Sections  7-1013  through  7-1039,  Idaho Code, and sections 7-1054
  4    through 7-1056, Idaho Code, do not apply. and the  tribunal  shall  apply  the
  5    procedural and substantive law of this state.
                                                                        
  6        SECTION  45.  That  Section 7-1053, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        7-1053.  NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.  Within  thirty  (30)
  9    days after issuance of a modified child support order, the party obtaining the
 10    modification  shall file a certified copy of the order with the issuing tribu-
 11    nal which that had continuing, exclusive jurisdiction over the earlier  order,
 12    and  in each tribunal in which the party knows that the earlier order has been
 13    registered. Failure of the A party obtaining who obtains  the order and  fails
 14    to  file a certified copy as required subjects that party is subject to appro-
 15    priate sanctions by a tribunal in which the issue of failure to file  arises.,
 16    but that The failure has  no effect on to file does not affect the validity or
 17    enforceability of the modified order of the new tribunal of having continuing,
 18    exclusive jurisdiction.
                                                                        
 19        SECTION  46.  That  Section 7-1054, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        7-1054.  PROCEEDING TO DETERMINE PARENTAGE. (1) A tribunal court  of  this
 22    state  authorized to determine parentage of a child may serve as an initiating
 23    or a responding tribunal in a proceeding to determine parentage brought  under
 24    this  chapter or a law or procedure substantially similar to this chapter., or
 25    under a law or procedure  substantially  similar  to  the  uniform  reciprocal
 26    enforcement  of  support act, or the revised uniform reciprocal enforcement of
 27    support act to determine that the petitioner is a parent of a particular child
 28    or to determine that a respondent is a parent of that child.
 29        (2)  In a proceeding to determine parentage, a responding tribunal of this
 30    state shall apply the provisions of chapter 11, title 7, Idaho Code,  and  the
 31    rules of this state on choice of law.
                                                                        
 32        SECTION  47.  That  Section 7-1055, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        7-1055.  GROUNDS FOR RENDITION. (1) For purposes of  sections  7-1055  and
 35    7-1056, Idaho Code, "governor" includes an individual performing the functions
 36    of governor or the executive authority of a state covered by this chapter.
 37        (2)  The governor of this state may:
 38        (a)  Demand  that  the  governor  of another state surrender an individual
 39        found in the other state who is charged criminally in this state with hav-
 40        ing failed to provide for the support of an obligee; or
 41        (b)  On the demand by of the governor of another state, surrender an indi-
 42        vidual found in this state who is charged criminally in  the  other  state
 43        with having failed to provide for the support of an obligee.
 44        (3)  A provision for extradition of individuals not inconsistent with this
 45    chapter  applies  to  the  demand  even  if  the individual whose surrender is
 46    demanded was not in the demanding state when the crime was allegedly committed
 47    and has not fled therefrom.
                                                                        
 48        SECTION 48.  That Section 7-1056, Idaho Code, be, and the same  is  hereby
                                                                        
                                         24
                                                                        
  1    amended to read as follows:
                                                                        
  2        7-1056.  CONDITIONS OF RENDITION. (1) Before making a demand that the gov-
  3    ernor  of  another  state surrender an   individual charged criminally in this
  4    state with  having failed to provide for the support of an obligee, the gover-
  5    nor of this state  may require a prosecutor of this state to demonstrate  that
  6    at  least sixty (60) days previously the obligee had initiated proceedings for
  7    support pursuant to this chapter or that the proceeding would be of no avail.
  8        (2)  If, under this chapter or a law substantially similar to  this  chap-
  9    ter, the uniform reciprocal enforcement of support act, or the revised uniform
 10    reciprocal  enforcement  of support act, the governor of another state makes a
 11    demand that the governor of this state surrender an individual charged  crimi-
 12    nally  in  that state with having failed to provide for the support of a child
 13    or other individual to whom a duty  of  support  is  owed,  the  governor  may
 14    require a prosecutor to investigate the demand and report whether a proceeding
 15    for  support  has  been  initiated or would be effective. If it appears that a
 16    proceeding would be effective but has not been  initiated,  the  governor  may
 17    delay  honoring the demand for a reasonable time to permit the initiation of a
 18    proceeding.
 19        (3)  If a proceeding for support has been  initiated  and  the  individual
 20    whose  rendition  is  demanded prevails, the governor may decline to honor the
 21    demand. If the petitioner prevails  and  the  individual  whose  rendition  is
 22    demanded  is subject to a support order, the governor may decline to honor the
 23    demand if the individual is complying with the support order.
                                                                        
 24        SECTION 49.  That Section 7-1057, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        7-1057.  UNIFORMITY  OF APPLICATION AND CONSTRUCTION. In applying and con-
 27    struing tThis chapter shall be applied and construed to effectuate its general
 28    purpose to make uniform consideration must be given to  the  need  to  promote
 29    uniformity  of  the law with respect to the its subject of this chapter matter
 30    among the states enacting that enact it.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12409
This legislation proposes to modify Idaho's version of the
Uniform Interstate Family Support Act to make it consistent with
the adopted modifications by the National Conference of
Commissioners on uniform state laws.FISCAL IMPACT
No fiscal impact anticipated.  

Contact
Name: Senator Bart M. Davis, Attorney's William J. Batt, Rex
Blackburn and Dale Higer
Phone: 332-1305, 331-1000- 489-8989, 389-9000 respectively


STATEMENT OF PURPOSE/FISCAL NOTE                        S1015