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S1332aa..............................................by JUDICIARY AND RULES
UNIFORM INTERSTATE FAMILY SUPPORT ACT - Amends and adds to existing law to
revise provisions of the Uniform Interstate Family Support Act.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/23 Rpt out - to 14th Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burtenshaw
Floor Sponsor - Davis
Title apvd - to House
03/08 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Hart, McGeachin
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 252
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1332 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; AMENDING SECTION 3 7-1058, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 7-1001, 4 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE DEFINITIONS; AMENDING 5 SECTION 7-1002, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 6 7-1003, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS 7 APPLICABLE TO REMEDIES; AMENDING SECTION 7-1004, IDAHO CODE, TO REDESIG- 8 NATE THE SECTION, TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS 9 APPLICABLE TO BASES FOR JURISDICTION OVER NONRESIDENTS; AMENDING SECTION 10 7-1005, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LAN- 11 GUAGE AND TO SET FORTH THE DURATION OF PERSONAL JURISDICTION; AMENDING 12 SECTION 7-1006, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 13 7-1007, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LAN- 14 GUAGE AND TO REMOVE LANGUAGE REFERENCING A PETITION OR COMPARABLE PLEAD- 15 ING; AMENDING SECTION 7-1008, IDAHO CODE, TO REDESIGNATE THE SECTION, TO 16 REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO JURIS- 17 DICTION TO MODIFY CHILD SUPPORT ORDERS; AMENDING SECTION 7-1009, IDAHO 18 CODE, TO REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LANGUAGE AND TO 19 REVISE PROVISIONS APPLICABLE TO JURISDICTION TO ENFORCE CHILD SUPPORT 20 ORDERS; AMENDING SECTION 7-1010, IDAHO CODE, TO REDESIGNATE THE SECTION, 21 TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO 22 DETERMINING CONTROLLING CHILD SUPPORT ORDERS; AMENDING SECTION 7-1011, 23 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REMOVE REFERENCES TO MULTI- 24 PLE REGISTRATIONS, PETITIONS OR ORDERS; AMENDING SECTION 7-1012, IDAHO 25 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO 26 CREDIT FOR PAYMENTS; AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE 27 ADDITION OF A NEW SECTION 7-1014, IDAHO CODE, TO PROVIDE FOR APPLICATION 28 TO NONRESIDENTS SUBJECT TO PERSONAL JURISDICTION; AMENDING CHAPTER 10, 29 TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-1015, IDAHO CODE, 30 TO PROVIDE FOR JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDERS; AMENDING 31 SECTION 7-1013, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PRO- 32 VISIONS APPLICABLE TO PROCEEDINGS; AMENDING SECTION 7-1014, IDAHO CODE, TO 33 REDESIGNATE THE SECTION AND TO REVISE DESCRIPTIVE LANGUAGE; AMENDING SEC- 34 TION 7-1015, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVI- 35 SIONS RELATING TO APPLICATION OF LAW; AMENDING SECTION 7-1016, IDAHO CODE, 36 TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO DUTIES 37 OF INITIATING TRIBUNALS; AMENDING SECTION 7-1017, IDAHO CODE, TO REDESIG- 38 NATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO THE DUTIES AND 39 POWERS OF RESPONDING TRIBUNALS; AMENDING SECTION 7-1018, IDAHO CODE, TO 40 REDESIGNATE THE SECTION AND TO REFERENCE THE TRIBUNAL; AMENDING SECTION 41 7-1019, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS 42 APPLICABLE TO DUTIES OF SUPPORT ENFORCEMENT AGENCIES; AMENDING SECTION 43 7-1020, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE DUTIES OF THE 44 ATTORNEY GENERAL; AMENDING SECTION 7-1021, IDAHO CODE, TO REDESIGNATE THE 45 SECTION; AMENDING SECTION 7-1022, IDAHO CODE, TO REDESIGNATE THE SECTION 46 AND TO REVISE DUTIES OF THE STATE INFORMATION AGENCY; AMENDING SECTION 2 1 7-1023, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS 2 APPLICABLE TO PLEADINGS AND ACCOMPANYING DOCUMENTS; AMENDING SECTION 3 7-1024, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS 4 APPLICABLE TO THE NONDISCLOSURE OF CERTAIN INFORMATION; AMENDING SECTION 5 7-1025, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE CODE REFER- 6 ENCES; AMENDING SECTION 7-1026, IDAHO CODE, TO REDESIGNATE THE SECTION AND 7 TO REVISE PROVISIONS APPLICABLE TO LIMITED IMMUNITY OF PETITIONERS; AMEND- 8 ING SECTION 7-1027, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SEC- 9 TION 7-1028, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVI- 10 SIONS APPLICABLE TO SPECIAL RULES OF EVIDENCE AND PROCEDURE; AMENDING SEC- 11 TION 7-1029, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVI- 12 SIONS APPLICABLE TO COMMUNICATIONS BETWEEN TRIBUNALS; AMENDING SECTION 13 7-1030, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 7-1031, 14 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE 15 TO RECEIPT AND DISBURSEMENT OF PAYMENTS; AMENDING SECTION 7-1032, IDAHO 16 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO 17 PETITIONS TO ESTABLISH SUPPORT ORDERS; AMENDING SECTION 7-1033, IDAHO 18 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO AN 19 EMPLOYER'S RECEIPT OF AN INCOME-WITHHOLDING ORDER OF ANOTHER STATE; AMEND- 20 ING SECTION 7-1034, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE 21 PROVISIONS APPLICABLE TO AN EMPLOYER'S COMPLIANCE WITH AN INCOME- 22 WITHHOLDING ORDER OF ANOTHER STATE; AMENDING SECTION 7-1035, IDAHO CODE, 23 TO REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE 24 PROVISIONS APPLICABLE TO AN EMPLOYER'S COMPLIANCE WITH TWO OR MORE INCOME- 25 WITHHOLDING ORDERS; AMENDING SECTION 7-1036, IDAHO CODE, TO REDESIGNATE 26 THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO IMMUNITY FROM CIVIL 27 LIABILITY; AMENDING SECTION 7-1037, IDAHO CODE, TO REDESIGNATE THE SEC- 28 TION; AMENDING SECTION 7-1038, IDAHO CODE, TO REDESIGNATE THE SECTION AND 29 TO REVISE PROVISIONS APPLICABLE TO CONTESTS BY OBLIGORS; AMENDING SECTION 30 7-1039, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE A REFERENCE 31 TO A SUPPORT ENFORCEMENT AGENCY; AMENDING SECTION 7-1040, IDAHO CODE, TO 32 REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 33 TION 7-1041, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVI- 34 SIONS APPLICABLE TO THE PROCEDURE TO REGISTER AN ORDER FOR ENFORCEMENT; 35 AMENDING SECTION 7-1042, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 36 REVISE CODE REFERENCES; AMENDING SECTION 7-1043, IDAHO CODE, TO REDESIG- 37 NATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO CHOICE OF LAW; 38 AMENDING SECTION 7-1044, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 39 REVISE PROVISIONS APPLICABLE TO NOTICE OF REGISTRATION OF ORDER; AMENDING 40 SECTION 7-1045, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PRO- 41 VISIONS APPLICABLE TO THE PROCEDURE TO CONTEST THE VALIDITY OR ENFORCEMENT 42 OF A REGISTERED ORDER; AMENDING SECTION 7-1046, IDAHO CODE, TO REDESIGNATE 43 THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO CONTESTS OF REGISTRA- 44 TION OR ENFORCEMENT; AMENDING SECTION 7-1047, IDAHO CODE, TO REDESIGNATE 45 THE SECTION; AMENDING SECTION 7-1048, IDAHO CODE, TO REDESIGNATE THE SEC- 46 TION, TO REVISE CODE REFERENCES AND TO MAKE A GRAMMATICAL CHANGE; AMEND- 47 ING SECTION 7-1049, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE 48 AND PROVIDE CODE REFERENCES; AMENDING SECTION 7-1050, IDAHO CODE, TO 49 REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO THE MODIFI- 50 CATION OF A CHILD SUPPORT ORDER OF ANOTHER STATE; AMENDING SECTION 7-1051, 51 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE 52 TO THE RECOGNITION OF AN ORDER MODIFIED IN ANOTHER STATE; AMENDING SECTION 53 7-1052, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS 54 APPLICABLE TO JURISDICTION TO MODIFY SUPPORT ORDERS IN CERTAIN CASES; 55 AMENDING SECTION 7-1053, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 3 1 REVISE PROVISIONS APPLICABLE TO NOTICES OF MODIFICATION; AMENDING CHAPTER 2 10, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-1057, IDAHO 3 CODE, TO PROVIDE FOR JURISDICTION TO MODIFY A CHILD SUPPORT ORDER OF A 4 FOREIGN COUNTRY OR POLITICAL SUBDIVISION; AMENDING SECTION 7-1054, IDAHO 5 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO 6 PROCEEDINGS TO DETERMINE PARENTAGE; AMENDING SECTION 7-1055, IDAHO CODE, 7 TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO GROUNDS 8 FOR RENDITION; AMENDING SECTION 7-1056, IDAHO CODE, TO REDESIGNATE THE 9 SECTION AND TO REVISE PROVISIONS APPLICABLE TO CONDITIONS OF RENDITION; 10 AMENDING SECTION 7-1057, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO 11 REVISE PROVISIONS APPLICABLE TO UNIFORMITY OF APPLICATION AND CONSTRUC- 12 TION; AND AMENDING SECTION 7-1059, IDAHO CODE, TO REDESIGNATE THE SECTION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 7-1058, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 7-105801. SHORT TITLE. This chapter may be cited as the uniform inter- 17 state family support act. 18 SECTION 2. That Section 7-1001, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 7-10012. DEFINITIONS. In this chapter: 21 (1) "Child" means an individual, whether over or under the age of major- 22 ity, who is or is alleged to be owed a duty of support by the individual's 23 parent or who is or is alleged to be the beneficiary of a support order 24 directed to the parent. 25 (2) "Child support order" means a support order for a child, including a 26 child who has attained the age of majority under the law of the issuing state. 27 (3) "Duty of support" means an obligation imposed or imposable by law to 28 provide support for a child, spouse, or former spouse, including an unsatis- 29 fied obligation to provide support. 30 (4) "Home state" means the state in which a child lived with a parent or 31 a person acting as parent for at least six (6) consecutive months immediately 32 preceding the time of filing of a petition or comparable pleading for support 33 and, if a child is less than six (6) months old, the state in which the child 34 lived from birth with any of them. A period of temporary absence of any of 35 them is counted as part of the six (6) month or other period. 36 (5) "Income" includes earnings or other periodic entitlements to money 37 from any source and any other property subject to withholding for support 38 under the law of this state. 39 (6) "Income-withholding order" means an order or other legal process 40 directed to an obligor's employer or other debtor, as defined by chapter 12, 41 title 7, Idaho Code, to withhold support from the income of the obligor. 42 (7) "Initiating state" means a state from which a proceeding is forwarded 43 or in which a proceeding is filed for forwarding to a responding state under 44 this chapter or a law or procedure substantially similar to this chapter, or45under a law or procedure substantially similar to the uniform reciprocal46enforcement of support act, or the revised uniform reciprocal enforcement of47support act. 48 (8) "Initiating tribunal" means the authorized tribunal in an initiating 49 state. 50 (9) "Issuing state" means the state in which a tribunal issues a support 4 1 order or renders a judgment determining parentage. 2 (10) "InitiatingIssuing tribunal" means the tribunal that issues a sup- 3 port order or renders a judgment determining parentage. 4 (11) "Law" includes decisional and statutory law and rules and regulations 5 having the force of law. 6 (12) "Obligee" means: 7 (a) An individual to whom a duty of support is or is alleged to be owed 8 or in whose favor a support order has been issued or a judgment determin- 9 ing parentage has been rendered; 10 (b) A state or political subdivision to which the rights under a duty of 11 support or support order have been assigned or which has independent 12 claims based on financial assistance provided to an individual obligee; or 13 (c) An individual seeking a judgment determining parentage of the 14 individual's child. 15 (13) "Obligor" means an individual, or the estate of a decedent: 16 (a) Who owes or is alleged to owe a duty of support; 17 (b) Who is alleged but has not been adjudicated to be a parent of a 18 child; or 19 (c) Who is liable under a support order. 20 (14) "Person" means an individual, corporation, business trust, estate, 21 trust, partnership, limited liability company, association, joint venture, 22 government, governmental subdivision, agency, or instrumentality, public cor- 23 poration, or any other legal or commercial entity. 24 (15) "Record" means information that is inscribed on a tangible medium or 25 that is stored in an electronic or other medium and is retrievable in 26 perceivable form. 27 (16) "Register" means to record a support order or judgment determining 28 parentage in the district court. 29 (157) "Registering tribunal" means a tribunal in which a support order is 30 registered. 31 (168) "Responding state" means a state in which a proceeding is filed or 32 to which a proceeding is forwarded for filing from an initiating state under 33 this chapter or a law or procedure substantially similar to this chapter, or34under a law or procedure substantially similar to the uniform reciprocal35enforcement of support act, or the revised uniform reciprocal enforcement of36support act. 37 (179) "Responding tribunal" means the authorized tribunal in a responding 38 state. 39 (1820) "Spousal-support order" means a support order for a spouse or 40 former spouse of the obligor. 41 (219) "State" means a state of the United States, the District of Colum- 42 bia,the Commonwealth ofPuerto Rico, the United States Virgin Islands, or any 43 territory or insular possession subject to the jurisdiction of the United 44 States. The term "state" includes: 45 (a) An Indian tribe; and 46 (b) A foreignjurisdictioncountry or political subdivision that: 47 (i) Has been declared to be a foreign reciprocating country or 48 political subdivision under federal law; 49 (ii) Has established a reciprocal arrangement for child support with 50 this state as provided in section 7-1023, Idaho Code; or 51 (iii) Hhas enacted a law or established procedures for the issuance 52 and enforcement of support orders which are substantially similar to 53 the procedures under this chapter.or the procedures under the uni-54form reciprocal enforcement of support act or the revised uniform55enforcement of support act.5 1 (202) "Support enforcement agency" means a public official or agency 2 authorized to seek: 3 (a) Enforcement of support orders or laws relating to the duty of sup- 4 port; 5 (b) Establishment or modification of child support; 6 (c) Determination of parentage;or7 (d)To locateLocation of obligors or their assets; or 8 (e) Determination of the controlling child support order. 9 (213) "Support order" means a judgment, decree,ororder, or directive, 10 whether temporary, final, or subject to modification, issued by a tribunal for 11 the benefit of a child, a spouse, or a former spouse, which provides for mone- 12 tary support, health care, arrearages, or reimbursement, and may include 13 related costs and fees, interest, income withholding, attorney's fees, and 14 other relief. 15 (224) "Tribunal" means a court, administrative agency, or quasi-judicial 16 entity authorized to establish, enforce, or modify support orders or to deter- 17 mine parentage. 18 SECTION 3. That Section 7-1002, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 7-10023. TRIBUNALS OF THIS STATE. The district courts are the tribunals 21 of this state. 22 SECTION 4. That Section 7-1003, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 7-10034. REMEDIES CUMULATIVE. (1) Remedies provided by this chapter are 25 cumulative and do not affect the availability of remedies under other law, 26 including the recognition of a support order of a foreign country or political 27 subdivision on the basis of comity. 28 (2) This chapter does not: 29 (a) Provide the exclusive method of establishing or enforcing a support 30 order under the law of this state; or 31 (b) Grant a tribunal of this state jurisdiction to render judgment or 32 issue an order relating to child custody or visitation in a proceeding 33 under this chapter. 34 SECTION 5. That Section 7-1004, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 7-10045.BASISBASES FOR JURISDICTION OVER NONRESIDENT. (1) In a proceed- 37 ing to establish,or enforce, or modifya support order or to determine par- 38 entage, a tribunal of this state may exercise personal jurisdiction over a 39 nonresident individual or the individual's guardian or conservator if: 40 (1a) The individual is personally served with notice within this state; 41 (2b) The individual submits to the jurisdiction of this state by consent 42 in a record, by entering a general appearance, or by filing a responsive 43 document having the effect of waiving any contest to personal jurisdic- 44 tion; 45 (3c) The individual resided with the child in this state; 46 (4d) The individual resided in this state and provided prenatal expenses 47 or support for the child; 48 (5e) The child resides in this state as a result of the acts or direc- 49 tives of the individual; 6 1 (6f) The individual engaged in sexual intercourse in this state and the 2 child may have been conceived by that act of intercourse; 3 (7g) The individual asserted parentage in the registry maintained in this 4 state by the vital statistics unit of the department of health and welfare 5 provided in section 16-1513, Idaho Code; or 6 (8h) There is any other basis consistent with the constitutions of this 7 state and the United States for the exercise of personal jurisdiction. 8 (2) The bases of personal jurisdiction set forth in subsection (1) of 9 this section or in any other law of this state may not be used to acquire per- 10 sonal jurisdiction for a tribunal of the state to modify a child support order 11 of another state unless the requirements of section 7-1053 or 7-1057, Idaho 12 Code, are met. 13 SECTION 6. That Section 7-1005, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 7-10056.PROCEDURE WHEN EXERCISINGDURATION OF PERSONAL JURISDICTION. 16OVER NONRESIDENT.A tribunal of this state exercising personal jurisdiction17over a nonresident under section 7-1004, Idaho Code, may apply section 7-1028,18Idaho Code, to receive evidence from another state, section 7-1030, Idaho19Code, to obtain discovery through a tribunal of another state. In all other20respects, sections 7-1013 through 7-1054, Idaho Code, do not apply and the21tribunal shall apply the procedural and substantive law of this state, includ-22ing the rules on choice of law other than those established by this chapter23 Personal jurisdiction acquired by a tribunal of this state in a proceeding 24 under this chapter or other law of this state relating to a support order con- 25 tinues as long as a tribunal of this state has continuing, exclusive jurisdic- 26 tion to modify its order or continuing jurisdiction to enforce its order as 27 provided in sections 7-1009, 7-1010 and 7-1015, Idaho Code. 28 SECTION 7. That Section 7-1006, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 7-10067. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE. Under this 31 chapter, a tribunal of this state may serve as an initiating tribunal to for- 32 ward proceedings to another state and as a responding tribunal for proceedings 33 initiated in another state. 34 SECTION 8. That Section 7-1007, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 7-10078. SIMULTANEOUS PROCEEDINGS.IN ANOTHER STATE.(1) A tribunal of 37 this state may exercise jurisdiction to establish a support order if the peti- 38 tion or comparable pleading is filed after apetition or comparablepleading 39 is filed in another state only if: 40 (a) The petition or comparable pleading in this state is filed before the 41 expiration of the time allowed in the other state for filing a responsive 42 pleading challenging the exercise of jurisdiction by the other state; 43 (b) The contesting party timely challenges the exercise of jurisdiction 44 in the other state; and 45 (c) If relevant, this state is the home state of the child. 46 (2) A tribunal of this state may not exercise jurisdiction to establish a 47 support order if the petition or comparable pleading is filed before a peti- 48 tion or comparable pleading is filed in another state if: 49 (a) The petition or comparable pleading in the other state is filed 7 1 before the expiration of the time allowed in this state for filing a 2 responsive pleading challenging the exercise of jurisdiction by this 3 state; 4 (b) The contesting party timely challenges the exercise of jurisdiction 5 in this state; and 6 (c) If relevant, the other state is the home state of the child. 7 SECTION 9. That Section 7-1008, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 7-10089. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT 10 ORDER. (1) A tribunal of this stateissuingthat has issued a child support 11 order consistent with the law of this state has and shall exercise continuing, 12 exclusive jurisdictionover ato modify its child support order if the order 13 is the controlling order and: 14 (a)As long asAt the time of the filing of a request for modification 15 this stateremainsis the residence of the obligor, the individual obli- 16 gee, or the child for whose benefit the support order is issued; or 17 (b)Until each individual party has filed written consent with the tribu-18nal of this state for a tribunal of another state to modify the order and19assume continuing, exclusive jurisdictionEven if this state is not the 20 residence of the obligor, the individual obligee, or the child for whose 21 benefit the support order is issued, the parties consent in a record or in 22 open court that the tribunal of this state may continue to exercise juris- 23 diction to modify its order. 24 (2) A tribunal of this stateissuingthat has issued a child support 25 order consistent with the law of this state may not exerciseitscontinuing, 26 exclusive jurisdiction to modify the order if:the order has been modified by27a tribunal of another state pursuant to this chapter or a law substantially28similar to this chapter29 (a) All of the parties who are individuals file consent in a record with 30 the tribunal of this state that a tribunal of another state that has 31 jurisdiction over at least one (1) of the parties who is an individual or 32 that is located in the state of residence of the child may modify the 33 order and assume continuing, exclusive jurisdiction; or 34 (b) Its order is not the controlling order. 35 (3) If achild support order of this state is modified by a tribunal of36another state pursuant to this chapter or a law substantially similar to this37chapter, a tribunal of this state loses its continuing, exclusive jurisdiction38with regard to prospective enforcement of the order issued in this state, and39may only:40(a) Enforce the order that was modified as to amounts accruing before the41modification;42(b) Enforce nonmodified aspects of that order; and43(c) Provide other appropriate relief for violations of that order which44occurred before the effective date of the modification.45(4) A tribunal of this state shall recognize the continuing, exclusive46jurisdiction of atribunal of another statewhichhas issued a child support 47 order pursuant to this chapter or a law substantially similar to this chapter 48 that modifies a child support order of a tribunal of this state, tribunals of 49 this state shall recognize the continuing, exclusive jurisdiction of the tri- 50 bunal of the other state. 51 (4) A tribunal of this state that lacks continuing, exclusive jurisdic- 52 tion to modify a child support order may serve as an initiating tribunal to 53 request a tribunal of another state to modify a support order issued in that 8 1 state. 2 (5) A temporary support order issued ex parte or pending resolution of a 3 jurisdictional conflict does not create continuing, exclusive jurisdiction in 4 the issuing tribunal. 5(6) A tribunal of this state issuing a support order consistent with the6law of this state has continuing, exclusive jurisdiction over a spousal sup-7port order throughout the existence of the support obligation. A tribunal of8this state may not modify a spousal support order issued by a tribunal of9another state having continuing, exclusive jurisdiction over that order under10the law of that state.11 SECTION 10. That Section 7-1009, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 7-100910.ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAV-14INGCONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER. (1) A tribunal of 15 this state that has issued a child support order consistent with the law of 16 this state may serve as an initiating tribunal to request a tribunal of 17 another state to enforce:or modify a support order issued in that state18 (a) The order if the order is the controlling order and has not been mod- 19 ified by a tribunal of another state that assumed jurisdiction pursuant to 20 this chapter; or 21 (b) A money judgment for arrears of support and interest on the order 22 accrued before a determination that an order of another state is the con- 23 trolling order. 24 (2) A tribunal of this state having continuing, exclusivejurisdiction 25 over a support order may act as a responding tribunal to enforceor modify26thatthe order.If a party subject to the continuing, exclusive jurisdiction27of the tribunal no longer resides in the issuing state, in subsequent proceed-28ings the tribunal may apply section 7-1028, Idaho Code, to receive evidence29from another state and section 7-1030, Idaho Code, to obtain discovery through30a tribunal of another state.31(3) A tribunal of this state which lacks continuing, exclusive jurisdic-32tion over a spousal support order may not serve as a responding tribunal to33modify a spousal support order of another state.34 SECTION 11. That Section 7-1010, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 7-10101.RECOGNITIONDETERMINATION OF CONTROLLING CHILD SUPPORT ORDERS. 37 (1) If a proceeding is brought under this chapter and only one (1) tribunal 38 has issued a child support order, the order of that tribunalis controlling39 controls and must be so recognized. 40 (2) If a proceeding is brought under this chapter, and two (2) or more 41 child support orders have been issued by tribunals of this state or another 42 state with regard to the same obligor and same child, a tribunal of this state 43 having personal jurisdiction over both the obligor and individual obligee 44 shall apply the following rulesin determiningand by order shall determine 45 which orderto recognize for purposes of continuing, exclusive jurisdiction46 controls: 47 (a) If only one (1) of the tribunals would have continuing, exclusive 48 jurisdiction under this chapter, the order of that tribunalis controlling49 controls and must be so recognized; 50 (b) If more than one (1) of the tribunals would have continuing, exclu- 51 sive jurisdiction under this chapter,: 9 1 (i) Aan order issued by a tribunal in the current home state of 2 the childmust be recognizedcontrols, but 3 (ii) Iif an order has not been issued in the current home state of 4 the child, the ordermoremost recently issuedis controlling and5must be recognizedcontrols; 6 (c) If none of the tribunals would have continuing, exclusive jurisdic- 7 tion under this chapter, the tribunal of this statehaving jurisdiction8over the parties mustshall issue a child support order, whichis control-9ling and must be recognizedcontrols. 10 (3) If two (2) or more child support orders have been issued for the same 11 obligor and same child,and if the obligor or the individual obligee resides12in this state,upon request of a partymay requestwho is an individual or a 13 support enforcement agency, a tribunal of this statetohaving personal juris- 14 diction over both the obligor and the obligee who is an individual shall 15 determine which order controlsand must be recognizedunder subsection (2) of 16 this section.The request must be accompanied by a certified copy of every17support order in effect. Every party whose rights may be affected by a deter-18mination of the controlling order must be given notice of the request for that19determinationThe request may be filed with a registration for enforcement or 20 registration for modification pursuant to sections 7-1043 through 7-1057, 21 Idaho Code, or may be filed as a separate proceeding. 22 (4) A request to determine which is the controlling order must be accom- 23 panied by a copy of every child support order in effect and the applicable 24 record of payments. The requesting party shall give notice of the request to 25 each party whose rights may be affected by the determination. 26 (5) The tribunal that issued the controlling orderthat must be recog-27nized as controllingunder subsection (1), (2) or (3) of this sectionis the28tribunal thathas continuing, exclusivejurisdictionin accordance withto the 29 extent provided in section 7-10089 or 7-1010, Idaho Code. 30 (56) A tribunal of this statewhichthat determines by orderthe identity31ofwhich is the controllingchild supportorder under subsections (2)(a) or 32 (2)(b) or (3) of this section orwhichthat issues a new controllingchild33supportorder under subsection (2)(c) of this section, shallincludestate in 34 that order: 35 (a) Tthe basis upon which the tribunal made its determination; 36 (b) The amount of prospective support, if any; and 37 (c) The total amount of consolidated arrears and accrued interest, if 38 any, under all of the orders after all payments made are credited as pro- 39 vided in section 7-1013, Idaho Code. 40 (67) Within thirty (30) days after issuance ofthean order determining 41the identity ofwhich is the controlling order, the party obtainingthatthe 42 order shall file a certified copy of itwithin each tribunal thathadissued 43 or registered an earlier order of child support.Failure of theA party or 44 support enforcement agency obtaining the order that fails to file a certified 45 copyas required subjects that partyis subject to appropriate sanctions by a 46 tribunal in which the issue of failure to file arises., but thatThe failure 47has no effect onto file does not affect the validity or enforceability of 48 the controlling order. 49 (8) An order that has been determined to be the controlling order, or a 50 judgment for consolidated arrears of support and interest, if any, made pursu- 51 ant to this section must be recognized in proceedings under this chapter. 52 SECTION 12. That Section 7-1011, Idaho Code, be, and the same is hereby 53 amended to read as follows: 10 1 7-10112.MULTIPLECHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. In 2 responding tomultipleregistrations or petitions for enforcement of two (2) 3 or more child support orders in effect at the same time with regard to the 4 same obligor and different individual obligees, at least one (1) of which was 5 issued by a tribunal of another state, a tribunal of this state shall enforce 6 those orders in the same manner as if themultipleorders had been issued by a 7 tribunal of this state. 8 SECTION 13. That Section 7-1012, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 7-10123. CREDIT FOR PAYMENTS. A tribunal of this state shall credit 11 aAmounts collectedand creditedfor a particular period pursuant toaany 12 child support order against the amounts owed for the same period under any 13 other child support order for support of the same child issued by a tribunal 14 of this or another state.must be credited against the amounts accruing or15accrued for the same period under a support order issued by the tribunal of16this state.17 SECTION 14. That Chapter 10, Title 7, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 7-1014, Idaho Code, and to read as follows: 20 7-1014. APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURIS- 21 DICTION. A tribunal of this state exercising personal jurisdiction over a non- 22 resident in a proceeding under this chapter, under other law of this state 23 relating to a support order, or recognizing a support order of a foreign coun- 24 try or political subdivision on the basis of comity may receive evidence from 25 another state pursuant to section 7-1031, Idaho Code, communicate with a tri- 26 bunal of another state pursuant to section 7-1032, Idaho Code, and obtain dis- 27 covery through a tribunal of another state pursuant to section 7-1033, Idaho 28 Code. In all other respects, sections 7-1016 through 7-1058, Idaho Code, do 29 not apply and the tribunal shall apply the procedural and substantive law of 30 this state. 31 SECTION 15. That Chapter 10, Title 7, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 7-1015, Idaho Code, and to read as follows: 34 7-1015. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT 35 ORDER. (1) A tribunal of this state issuing a spousal support order consistent 36 with the law of this state has continuing, exclusive jurisdiction to modify 37 the spousal support order throughout the existence of the support obligation. 38 (2) A tribunal of this state may not modify a spousal support order 39 issued by a tribunal of another state having continuing, exclusive jurisdic- 40 tion over that order under the law of that state. 41 (3) A tribunal of this state that has continuing, exclusive jurisdiction 42 over a spousal support order may serve as: 43 (a) An initiating tribunal to request a tribunal of another state to 44 enforce the spousal support order issued in this state; or 45 (b) A responding tribunal to enforce or modify its own spousal support 46 order. 47 SECTION 16. That Section 7-1013, Idaho Code, be, and the same is hereby 48 amended to read as follows: 11 1 7-10136. PROCEEDINGS UNDER THIS CHAPTER. (1) Except as otherwise provided 2 in this chapter, sections 7-10136 through 7-10314, Idaho Code, apply to all 3 proceedings under the provisions of this chapter. 4 (2)This chapter provides for the following proceedings:5(a) Establishment of an order for spousal support or child support pursu-6ant to section 7-1032, Idaho Code;7(b) Enforcement of a support order and income-withholding order of8another state without registration pursuant to sections 7-1033 through97-1039, Idaho Code;10(c) Registration of an order for spousal support or child support of11another state for enforcement pursuant to sections 7-1040 through 7-1053,12Idaho Code;13(d) Modification of an order for child support or spousal support issued14by a tribunal of this state pursuant to sections 7-1006 through 7-1009,15Idaho Code;16(e) Registration of an order for child support of another state for modi-17fication pursuant to sections 7-1040 through 7-1053, Idaho Code;18(f) Determination of parentage pursuant to section 7-1054, Idaho Code;19and20(g) Assertion of jurisdiction over nonresidents pursuant to sections217-1004 and 7-1005, Idaho Code.22(3)An individual petitioner or a support enforcement agency maycommence23 initiate a proceeding authorized under this chapter by filing a petition in an 24 initiating tribunal for forwarding to a responding tribunal or by filing a 25 petition or a comparable pleading directly in a tribunal of another state 26 which has or can obtain personal jurisdiction over the respondent. 27 SECTION 17. That Section 7-1014, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 7-10147.ACTIONPROCEEDING BY MINOR PARENT. A minor parent, or a guardian 30 or other legal representative of a minor parent, may maintain a proceeding on 31 behalf of or for the benefit of the minor's child. 32 SECTION 18. That Section 7-1015, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 7-10158. APPLICATION OF LAW OF THIS STATE. Except as otherwise provided 35 in this chapter, a responding tribunal of this state shall: 36 (1)Shall aApply the procedural and substantive law, including the rule37on choice of law,generally applicable to similar proceedings originating in 38 this state and may exercise all powers and provide all remedies available in 39 those proceedings; and 40 (2)Shall dDetermine the duty of support and the amount payable in accor- 41 dance with the law and support guidelines of this state. 42 SECTION 19. That Section 7-1016, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 7-10169. DUTIES OF INITIATING TRIBUNAL. (1) Upon the filing of a petition 45 authorizedinby this chapter, an initiating tribunal of this state shall for- 46 wardthree (3) copies ofthe petition and its accompanying documents: 47 (a) To the responding tribunal or appropriate support enforcement agency 48 in the responding state; or 49 (b) If the identity of the responding tribunal is unknown, to the state 12 1 information agency of the responding state with a request that they be 2 forwarded to the appropriate tribunal and that receipt be acknowledged. 3 (2) Ifa responding state has not enacted this chapter or a law or proce-4dure substantially similar to this chapterrequested by the responding tribu- 5 nal, a tribunal of this statemayshall issue a certificate or other 6 documentsand make findings required by the law of the responding state. If 7 the responding state is a foreignjurisdictioncountry or political subdivi- 8 sion, upon request the tribunalmayshall specify the amount of support 9 sought, convert that amount into the equivalent amount in the foreign currency 10 under applicable official or market exchange rate as publicly reported, and 11 provide any other documents necessary to satisfy the requirements of the 12 responding state. 13 SECTION 20. That Section 7-1017, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 7-101720. DUTIES AND POWERS OF RESPONDING TRIBUNAL. (1) When a responding 16 tribunal of this state receives a petition or comparable pleading from an ini- 17 tiating tribunal or directly pursuant to section 7-10136(32), Idaho Code, it 18 shall cause the petition or pleading to be filed and notify the petitioner 19 where and when it was filed. 20 (2) A responding tribunal of this state, to the extentotherwise autho-21rizednot prohibited by other law, may do one (1) or more of the following: 22 (a) Issue or enforce a support order, modify a child support order, 23 determine the controlling child support order, orrender a judgmentto 24 determine parentage; 25 (b) Order an obligor to comply with a support order, specifying the 26 amount and the manner of compliance; 27 (c) Order income withholding; 28 (d) Determine the amount of any arrearages, and specify a method of pay- 29 ment; 30 (e) Enforce orders by civil or criminal contempt, or both; 31 (f) Set aside property for satisfaction of the support order; 32 (g) Place liens and order execution on the obligor's property; 33 (h) Order an obligor to keep the tribunal informed of the obligor's cur- 34 rent residential address, telephone number, employer, address of employ- 35 ment, and telephone number at the place of employment; 36 (i) Issue a bench warrant for an obligor who has failed after proper 37 notice to appear at a hearing ordered by the tribunal and enter the bench 38 warrant in any local and state computer systems for criminal warrants; 39 (j) Order the obligor to seek appropriate employment by specified meth- 40 ods; 41 (k) Award reasonable attorney's fees and other fees and costs; and 42 (l) Grant any other available remedy. 43 (3) A responding tribunal of this state shall include in a support order 44 issued under this chapter, or in the documents accompanying the order, the 45 calculations on which the support order is based. 46 (4) A responding tribunal of this state may not condition the payment of 47 a support order issued under this chapter upon compliance by a party with pro- 48 visions for visitation. 49 (5) If a responding tribunal of this state issues an order under this 50 chapter, the tribunal shall send a copy of the order to the petitioner and 51 the respondent and to the initiating tribunal, if any. 52 (6) If requested to enforce a support order, arrears, or judgment or mod- 53 ify a support order stated in a foreign currency, a responding tribunal of 13 1 this state shall convert the amount stated in the foreign currency to the 2 equivalent amount in dollars under the applicable official or market exchange 3 rate as publicly reported. 4 SECTION 21. That Section 7-1018, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 7-10218. INAPPROPRIATE TRIBUNAL. If a petition or comparable pleading is 7 received by an inappropriate tribunal of this state,itthe tribunal shall 8 forward the pleading and accompanying documents to an appropriate tribunal in 9 this state or another state and notify the petitioner where and when the 10 pleading was sent. 11 SECTION 22. That Section 7-1019, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 7-101922. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (1) A support enforcement 14 agency of this state, upon request, shall provide services to a petitioner in 15 a proceeding underthe provisions ofthis chapter. 16 (2) A support enforcement agency of this state that is providing services 17 to the petitioneras appropriateshall: 18 (a) Take all steps necessary to enable an appropriate tribunal in this 19 state or another state to obtain jurisdiction over the respondent; 20 (b) Request an appropriate tribunal to set a date, time and place for a 21 hearing; 22 (c) Make a reasonable effort to obtain all relevant information, includ- 23 ing information as to income and property of the parties; 24 (d) Within two (2) days, exclusive of Saturdays, Sundays, and legal holi- 25 days, after receipt ofa writtennotice in a record from an initiating, 26 responding, or registering tribunal, send a copy of the notice to the 27 petitioner; 28 (e) Within two (2) days, exclusive of Saturdays, Sundays, and legal holi- 29 days, after receipt ofa writtencommunication in a record from the 30 respondent or the respondent's attorney, send a copy of the communication 31 to the petitioner; and 32 (f) Notify the petitioner if jurisdiction over the respondent cannot be 33 obtained. 34 (3) A support enforcement agency of this state that requests registration 35 of a child support order in this state for enforcement or for modification 36 shall make reasonable efforts: 37 (a) To ensure that the order to be registered is the controlling order; 38 or 39 (b) If two (2) or more child support orders exist and the identity of the 40 controlling order has not been determined, to ensure that a request for 41 such a determination is made in a tribunal having jurisdiction to do so. 42 (4) A support enforcement agency of this state that requests registration 43 and enforcement of a support order, arrears, or judgment stated in a foreign 44 currency shall convert the amounts stated in the foreign currency into the 45 equivalent amounts in dollars under the applicable official or market exchange 46 rate as publicly reported. 47 (5) A support enforcement agency of this state shall issue or request a 48 tribunal of this state to issue a child support order and an income- 49 withholding order that redirect payment of current support, arrears, and 50 interest if requested to do so by a support enforcement agency of another 51 state pursuant to section 7-1034, Idaho Code. 14 1 (6) This chapter does not create or negate a relationship of attorney and 2 client or other fiduciary relationship between a support enforcement agency or 3 the attorney for the agency and the individual being assisted by the agency. 4 SECTION 23. That Section 7-1020, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 7-10203. DUTY OF ATTORNEY GENERAL. (1) If the attorney general determines 7 that the support enforcement agency is neglecting or refusing to provide ser- 8 vices to an individual, the attorney general may order the agency to perform 9 its duties under this chapter or may provide those services directly to the 10 individual. 11 (2) The attorney general may determine that a foreign country or politi- 12 cal subdivision has established a reciprocal arrangement for child support 13 with this state and take appropriate action for notification of the determina- 14 tion. 15 SECTION 24. That Section 7-1021, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 7-10214. PRIVATE COUNSEL. An individual may employ private counsel to 18 represent the individual in proceedings authorized by this chapter. 19 SECTION 25. That Section 7-1022, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 7-10225. DUTIES OF STATE INFORMATION AGENCY. (1) The central registry in 22 the bureau of child support of the department of health and welfare is the 23 state information agency under this chapter. 24 (2) The state information agency shall: 25 (a) Compile and maintain a current list, including addresses, of the tri- 26 bunals in this state which have jurisdiction under this chapter and any 27othersupport enforcement agencies in this state and transmit a copy to 28 the state information agency of every other state; 29 (b) Maintain a register of names and addresses of tribunals and support 30 enforcement agencies received from other states; 31 (c) Forward to the appropriate tribunal in theplacecounty in this state 32 in which theindividualobligee who is an individual or the obligor 33 resides, or in which the obligor's property is believed to be located, all 34 documents concerning a proceeding under this chapter received from an 35 initiating tribunal or the state information agency of the initiating 36 state; and 37 (d) Obtain information concerning the location of the obligor and the 38 obligor's property within this state not exempt from execution, by such 39 means as postal verification and federal or state locator services, exami- 40 nation of telephone directories, requests for the obligor's address from 41 employers, and examination of governmental records, including, to the 42 extent not prohibited by other law, those relating to real property, vital 43 statistics, law enforcement, taxation, motor vehicles, driver's licenses, 44 and social security. 45 SECTION 26. That Section 7-1023, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 7-10236. PLEADINGS AND ACCOMPANYING DOCUMENTS. (1)AIn a proceeding 15 1 under this chapter, a petitioner seeking to establishor modifya support 2 order,orto determine parentage,in a proceeding under this chapteror to 3 register and modify a support order of another state mustverify thefile a 4 petition. Unless otherwise ordered under section 7-10247, Idaho Code, the 5 petition or accompanying documents must provide, so far as known, the name, 6 residential address, and social security numbers of the obligor and the obli- 7 gee or the parent and alleged parent, and the name, sex, residential address, 8 social security number, and date of birth of each child forwhomwhose benefit 9 support is sought or whose parentage is to be determined. Unless filed at the 10 time of registration, tThe petition must be accompanied by acertifiedcopy of 11 any support orderin effectknown to have been issued by another tribunal. The 12 petition may include any other information that may assist in locating or 13 identifying the respondent. 14 (2) The petition must specify the relief sought. The petition and accom- 15 panying documents must conform substantially with the requirements imposed by 16 the forms mandated by federal law for use in cases filed by a support enforce- 17 ment agency. 18 SECTION 27. That Section 7-1024, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 7-10247. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.Upon21a finding, which may be made ex parte, that the health, safety, or liberty of22a party or child would be unreasonably put at risk by the disclosure of iden-23tifying information, or if an existing order so provides, a tribunal shall24order that the address of the child or party or other identifying information25not be disclosed in a pleading or other document filed in a proceeding under26this chapterIf a party alleges in an affidavit or a pleading under oath that 27 the health, safety, or liberty of a party or child would be jeopardized by 28 disclosure of specific identifying information, that information must be 29 sealed and may not be disclosed to the other party or the public. After a 30 hearing in which a tribunal takes into consideration the health, safety, or 31 liberty of the party or child, the tribunal may order disclosure of informa- 32 tion that the tribunal determines to be in the interest of justice. 33 SECTION 28. That Section 7-1025, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 7-10258. COSTS AND FEES. (1) The petitioner may not be required to pay a 36 filing fee or other costs. 37 (2) If an obligee prevails, a responding tribunal may assess against an 38 obligor filing fees, reasonable attorney's fees, other costs, and necessary 39 travel and other reasonable expenses incurred by the obligee and the obligee's 40 witnesses. The tribunal may not assess fees, costs, or expenses against the 41 obligee or the support enforcement agency of either the initiating or the 42 responding state, except as provided by other law. Attorney's fees may be 43 taxed as costs, and may be ordered paid directly to the attorney, who may 44 enforce the order in the attorney's own name. Payment of support owed to the 45 obligee has priority over fees, costs and expenses. 46 (3) The tribunal shall order the payment of costs and reasonable attor- 47 ney's fees if it determines that a hearing was requested primarily for delay. 48 In a proceeding under sections 7-10403 through 7-10537, Idaho Code, a hearing 49 is presumed to have been requested primarily for delay if a registered support 50 order is confirmed or enforced without change. 16 1 SECTION 29. That Section 7-1026, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 7-10269. LIMITED IMMUNITY OF PETITIONER. (1) Participation by a peti- 4 tioner in a proceeding under this chapter before a responding tribunal, 5 whether in person, by private attorney, or through services provided by the 6 support enforcement agency, does not confer personal jurisdiction over the 7 petitioner in another proceeding. 8 (2) A petitioner is not amenable to service of civil process while physi- 9 cally present in this state to participate in a proceeding under this chapter. 10 (3) The immunity granted by this section does not extend to civil litiga- 11 tion based on acts unrelated to a proceeding under this chapter committed by a 12 party while physically present in this state to participate in the proceeding. 13 SECTION 30. That Section 7-1027, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 7-102730. NONPARENTAGE AS DEFENSE. A party whose parentage of a child has 16 been previously determined by or pursuant to law may not plead nonparentage as 17 a defense to a proceeding under this chapter. 18 SECTION 31. That Section 7-1028, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 7-102831. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (1) The physical pres- 21 ence ofthe petitionera nonresident party who is an individual in arespond-22ingtribunal of this state is not required for the establishment, enforcement, 23 or modification of a support order or the rendition of a judgment determining 24 parentage. 25 (2)A verified petition,An affidavit, a document substantially complying 26 with federally mandated forms,andor a document incorporated by reference in 27 any of them, which would not be excluded under the hearsay rule if given in 28 person, is admissible in evidence if given underoathpenalty of perjury by a 29 party or witness residing in another state. 30 (3) A copy of the record of child support payments certified as a true 31 copy of the original by the custodian of the record may be forwarded to a 32 responding tribunal. The copy is evidence of facts asserted in it, and is 33 admissible to show whether payments were made. 34 (4) Copies of bills for testing for parentage, and for prenatal and 35 postnatal health care of the mother and child, furnished to the adverse party 36 at least ten (10) days before trial, are admissible in evidence to prove the 37 amount of the charges billed and that the charges were reasonable, necessary, 38 and customary. 39 (5) Documentary evidence transmitted from another state to a tribunal of 40 this state by telephone, telecopier, or other means that do not provide an 41 originalwritingrecord may not be excluded from evidence on an objection 42 based on the means of transmission. 43 (6) In a proceeding under this chapter, a tribunal of this statemay44 shall permit a party or witness residing in another state to be deposed or to 45 testify under penalty of perjury by telephone, audiovisual means, or other 46 electronic means at a designated tribunal or other location in that state. A 47 tribunal of this state shall cooperate with tribunals of other states in des- 48 ignating an appropriate location for the deposition or testimony. 49 (7) If a party called to testify at a civil hearing refuses to answer on 50 the ground that the testimony may be self-incriminating, the trier of fact may 17 1 draw an adverse inference from the refusal. 2 (8) A privilege against disclosure of communications between spouses does 3 not apply in a proceeding under this chapter. 4 (9) The defense of immunity based upon the relationship of husband and 5 wife or parent and child does not apply in a proceeding under this chapter. 6 (10) A voluntary acknowledgment of paternity, certified as a true copy, is 7 admissible to establish parentage of the child. 8 SECTION 32. That Section 7-1029, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 7-10329. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of this state may 11 communicate with a tribunal of another state or foreign country or political 12 subdivision inwritinga record, or by telephone or other means, to obtain 13 information concerning the laws,of that state,the legal effect of a judg- 14 ment, decree, or order of that tribunal, and the status of a proceeding in the 15 other state or foreign country or political subdivision. A tribunal of this 16 state may furnish similar information by similar means to a tribunal of 17 another state or foreign country or political subdivision. 18 SECTION 33. That Section 7-1030, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 7-10303. ASSISTANCE WITH DISCOVERY. A tribunal of this state may: 21 (1) Request a tribunal of another state to assist in obtaining discovery; 22 and 23 (2) Upon request, compel a person over whom it has jurisdiction to 24 respond to a discovery order issued by a tribunal of another state. 25 SECTION 34. That Section 7-1031, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 7-10314. RECEIPT AND DISBURSEMENT OF PAYMENTS. (1) A support enforcement 28 agency or tribunal of this state shall disburse promptly any amounts received 29 pursuant to a support order, as directed by the order. The agency or tribunal 30 shall furnish to a requesting party or tribunal of another state a certified 31 statement by the custodian of the record of the amounts and dates of all pay- 32 ments received. 33 (2) If neither the obligor, nor the obligee who is an individual, nor the 34 child resides in this state, upon request from the support enforcement agency 35 of this state or another state, the support enforcement agency of this state 36 or a tribunal of this state shall: 37 (a) Direct that the support payment be made to the support enforcement 38 agency in the state in which the obligee is receiving services; and 39 (b) Issue and send to the obligor's employer a conforming income- 40 withholding order or an administrative notice of change of payee, reflect- 41 ing the redirected payments. 42 (3) The support enforcement agency of this state receiving redirected 43 payments from another state pursuant to a law similar to subsection (2) of 44 this section shall furnish to a requesting party or tribunal of the other 45 state a certified statement by the custodian of the record of the amount and 46 dates of all payments received. 47 SECTION 35. That Section 7-1032, Idaho Code, be, and the same is hereby 48 amended to read as follows: 18 1 7-10325. PETITION TO ESTABLISH SUPPORT ORDER. (1) If a support order 2 entitled to recognition under this chapter has not been issued, a responding 3 tribunal of this state may issue a support order if: 4 (a) The individual seeking the order resides in another state; or 5 (b) The support enforcement agency seeking the order is located in 6 another state. 7 (2) The tribunal may issue a temporary child support order if the tribu- 8 nal determines that such an order is appropriate and the individual ordered to 9 pay is: 10 (a)The respondent has signed a verified statement acknowledging parent-11ageA presumed father of the child; 12 (b)The respondent has been determined by or pursuant to law to be the13parentPetitioning to have his paternity adjudicated;or14 (c)There is other clear and convincing evidence that the respondent is15the child's parentIdentified as the father of the child through genetic 16 testing; 17 (d) An alleged father who has declined to submit to genetic testing; 18 (e) Shown by clear and convincing evidence to be the father of the child; 19 (f) An acknowledged father as provided by applicable state law; 20 (g) The mother of the child; or 21 (h) An individual who has been ordered to pay child support in a previous 22 proceeding and the order has not been reversed or vacated. 23 (3) Upon finding, after notice and opportunity to be heard, that an obli- 24 gor owes a duty of support, the tribunal shall issue a support order directed 25 to the obligor and may issue other orders pursuant to section 7-101720, Idaho 26 Code. 27 SECTION 36. That Section 7-1033, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 7-10336. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE. 30 An income-withholding order issued in another state may be sent by or on 31 behalf of the obligee, or by the support enforcement agency, to the personor32entitydefined as the obligor's employer under the provisions of chapter 12, 33 title 7, Idaho Code, without first filing a petition or comparable pleading or 34 registering the order with a tribunal of this state. 35 SECTION 37. That Section 7-1034, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 7-10347. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER 38 STATE. (1) Uponthereceipt ofthean income-withholding order, the obligor's 39 employer shall immediately provide a copy of the order to the obligor. 40 (2) The employer shall treat an income-withholding order issued in 41 another state which appears regular on its face as if ithashad been issued 42 by a tribunal of this state. 43 (3) Except as otherwise providedbyin subsection (4) of this section and 44 section 7-10358, Idaho Code, the employer shall withhold and distribute the 45 funds as directed in the withholding order by complying with the terms of the 46 order, as applicable, thatwhich specify: 47 (a) The duration andtheamount of periodic payments of current child 48 support, stated as a sum certain; 49 (b) The personor agencydesignated to receive payments and the address 50 to which the payments are to be forwarded; 51 (c) Medical support, whether in the form of periodic cash payment, stated 19 1 as a sum certain, or ordering the obligor to provide health insurance cov- 2 erage for the child under a policy available through the obligor's employ- 3 ment; 4 (d) The amount of periodic payments of fees and costs for a support 5 enforcement agency, the issuing tribunal, and the obligee's attorney, 6 stated as sums certain; and 7 (e) The amount of periodic payments ofarrearsarrearages and interest on 8arrearsarrearages, stated as sums certain. 9 (4)TheAn employer shall comply with the law of the state of the 10 obligor's principal place of employment for withholding from income with 11 respect to: 12 (a) The employer's fee for processing an income-withholding order; 13 (b) The maximum amount permitted to be withheld from the obligor's 14 income; and 15 (c) The time periods within which the employer must implement the with- 16 holding order and forward the child support payment. 17 SECTION 38. That Section 7-1035, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 7-10358. EMPLOYER'S COMPLIANCE WITHMULTIPLETWO OR MORE INCOME- 20 WITHHOLDING ORDERS. Ifthean obligor's employer receivesmultipletwo (2) or 21 more income-withholding ordersto withhold support fromwith respect to the 22 earnings of the same obligor, the employershall be deemed to have satisfied23 satisfies the terms of themultipleorders if the employer complies with the 24 law of the state of the obligor's principal place of employment to establish 25 the priorities for withholding and allocating income withheld formultipletwo 26 (2) or more child support obligees.is complied with.27 SECTION 39. That Section 7-1036, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 7-10369. IMMUNITY FROM CIVIL LIABILITY. An employer who complies with an 30 income-withholding order issuedbyin another state in accordance withthis31articlesections 7-1036 through 7-1042, Idaho Code, is not subject to civil 32 liability toanyan individual or agency with regard to the employer's with- 33 holding of child support from the obligor's income. 34 SECTION 40. That Section 7-1037, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 7-103740. PENALTIES FOR NONCOMPLIANCE. An employer who willfully fails to 37 comply with an income-withholding order issued by another state and received 38 for enforcement is subject to the same penalties that may be imposed for non- 39 compliance with an order issued by a tribunal of this state. 40 SECTION 41. That Section 7-1038, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 7-103841. CONTEST BY OBLIGOR. (1) An obligor may contest the validity or 43 enforcement of an income-withholding order issued in another state and 44 received directly by an employer in this state by registering the order in a 45 tribunal of this state and filing a contest to that order as provided in sec- 46 tions 7-1043 through 7-1057, Idaho Code, or otherwise contesting the order in 47 the same manner as if the order had been issued by a tribunal of this state. 20 1Section 7-1043, Idaho Code, applies to the contest.2 (2) The obligor shall give notice of the contest to: 3 (a) A support enforcement agency providing services to the obligee; 4 (b) Each employerwhichthat has directly received an income-withholding 5 order relating to the obligor; and 6 (c) The personor agencydesignated to receive payments in the income- 7 withholding order,or, if no person is designated, to the obligee. 8 SECTION 42. That Section 7-1039, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 7-103942. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (1) A party or support 11 enforcement agency seeking to enforce a support order or an income-withholding 12 order, or both, issued by a tribunal of another state may send the documents 13 required for registering the order to a support enforcement agency of this 14 state. 15 (2) Upon receipt of the documents, the support enforcement agency, with- 16 out initially seeking to register the order, shall consider and, if appropri- 17 ate, use any administrative procedure authorized by the law of this state to 18 enforce a support order or an income-withholding order, or both. If the obli- 19 gor does not contest administrative enforcement, the order need not be regis- 20 tered. If the obligor contests the validity or administrative enforcement of 21 the order, the support enforcement agency shall register the order pursuant to 22 this chapter. 23 SECTION 43. That Section 7-1040, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 7-10403. REGISTRATION OF ORDER FOR ENFORCEMENT. A support order oran26 income-withholding order issued by a tribunal of another state may be regis- 27 tered in this state for enforcement. 28 SECTION 44. That Section 7-1041, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 7-10414. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order 31 or income-withholding order of another state may be registered in this state 32 by sending the followingdocumentsrecords and information to the district 33 court in this state: 34 (a) A letter of transmittal to the tribunal requesting registration and 35 enforcement; 36 (b) Two (2) copies, including one (1) certified copy, ofallthe orders37 to be registered, including any modification ofanthe order; 38 (c) A sworn statement by theparty seekingperson requesting registration 39 or a certified statement by the custodian of the records showing the 40 amount of any arrearage; 41 (d) The name of the obligor and, if known: 42 (i) The obligor's address and social security number; 43 (ii) The name and address of the obligor's employer and any other 44 source of income of the obligor; and 45 (iii) A description and the location of property of the obligor in 46 this state not exempt from execution; and 47 (e) Except as otherwise provided in section 7-1027, Idaho Code, tThe name 48 and address of the obligee and, if applicable, theagency orperson to 49 whom support payments are to be remitted. 21 1 (2) On receipt of a request for registration, the registering tribunal 2 shall cause the order to be filed as a foreign judgment, together with one (1) 3 copy of the documents and information, regardless of their form. 4 (3) A petition or comparable pleading seeking a remedy that must be 5 affirmatively sought under other law of this state may be filed at the same 6 time as the request for registration or later. The pleading must specify the 7 grounds for the remedy sought. 8 (4) If two (2) or more orders are in effect, the person requesting regis- 9 tration shall: 10 (a) Furnish to the tribunal a copy of every support order asserted to be 11 in effect in addition to the documents specified in this section; 12 (b) Specify the order alleged to be the controlling order, if any; and 13 (c) Specify the amount of consolidated arrears, if any. 14 (5) A request for determination of which is the controlling order may be 15 filed separately or with a request for registration and enforcement or for 16 registration and modification. The person requesting registration shall give 17 notice of the request to each party whose rights may be affected by the deter- 18 mination. 19 SECTION 45. That Section 7-1042, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 7-10425. EFFECT OF REGISTRATION FOR ENFORCEMENT. (1) A support order or 22 income-withholding order issued in another state is registered when the order 23 is filed in the registering tribunal of this state. 24 (2) A registered order issued in another state is enforceable in the same 25 manner and is subject to the same procedures as an order issued by a tribunal 26 of this state. 27 (3) Except as otherwise provided in sections 7-10403 through 7-10537, 28 Idaho Code, a tribunal of this state shall recognize and enforce, but may not 29 modify, a registered order if the issuing tribunal had jurisdiction. 30 SECTION 46. That Section 7-1043, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 7-10436. CHOICE OF LAW. (1) Except as otherwise provided in subsection 33 (4) of this section, tThe law of the issuing state governs: 34 (a) Tthe nature, extent, amount, and duration of current paymentsand35other obligations of support and theunder a registered support order; 36 (b) The computation and payment of arrearages and accrual of interest on 37 the arrearages under the support order; and 38 (c) The existence and satisfaction of other obligations under the support 39 order. 40 (2) In a proceeding forarrearagesarrears under a registered support 41 order, the statute of limitationunder the lawsof this state or of the issu- 42 ing state, whichever is longer, applies. 43 (3) A responding tribunal of this state shall apply the procedures and 44 remedies of this state to enforce current support and collect arrears and 45 interest due on a support order of another state registered in this state. 46 (4) After a tribunal of this or another state determines which is the 47 controlling order and issues an order consolidating arrears, if any, a tribu- 48 nal of this state shall prospectively apply the law of the state issuing the 49 controlling order, including its law on interest on arrears, on current and 50 future support, and on consolidated arrears. 22 1 SECTION 47. That Section 7-1044, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 7-10447. NOTICE OF REGISTRATION OF ORDER. (1) When a support order or 4 income-withholding order issued in another state is registered, the register- 5 ing tribunal shall notify the nonregistering party. The notice must be accom- 6 panied by a copy of the registered order and the documents and relevant infor- 7 mation accompanying the order. 8 (2)TheA notice must inform the nonregistering party: 9 (a) That a registered order is enforceable as of the date of registration 10 in the same manner as an order issued by a tribunal of this state; 11 (b) That a hearing to contest the validity or enforcement of the regis- 12 tered order must be requested within twenty (20) days afterthe date of13mailing or personal service of thenotice; 14 (c) That failure to contest the validity or enforcement of the registered 15 order in a timely manner will result in confirmation of the order and 16 enforcement of the order and the alleged arrearages;and precludes further17contest of that order with respect to any matter that could have been18asserted;and 19 (d) Of the amount of any alleged arrearages. 20 (3) If the registering party asserts that two (2) or more orders are in 21 effect, a notice must also: 22 (a) Identify the two (2) or more orders and the order alleged by the reg- 23 istering person to be the controlling order and the consolidated arrears, 24 if any; 25 (b) Notify the nonregistering party of the right to a determination of 26 which is the controlling order; 27 (c) State that the procedures provided in subsection (2) of this section 28 apply to the determination of which is the controlling order; and 29 (d) State that failure to contest the validity or enforcement of the 30 order alleged to be the controlling order in a timely manner may result in 31 confirmation that the order is the controlling order. 32 (4) Upon registration of an income-withholding order for enforcement, the 33 registering tribunal shall notify the obligor's employer pursuant to the pro- 34 visions of chapter 12, title 7, Idaho Code. 35 SECTION 48. That Section 7-1045, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 7-10458. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED 38 ORDER. (1) A nonregistering party seeking to contest the validity or enforce- 39 ment of a registered order in this state shall request a hearing within twenty 40 (20) days afterthe date of mailing or personal service ofnotice of the reg- 41 istration. The nonregistering party may seek to vacate the registration, to 42 assert any defense to an allegation of noncompliance with the registered 43 order, or to contest the remedies being sought or the amount of any alleged 44 arrearages pursuant to section 7-10469, Idaho Code. 45 (2) If the nonregistering party fails to contest the validity or enforce- 46 ment of the registered order in a timely manner, the order is confirmed by 47 operation of law. 48 (3) If a nonregistering party requests a hearing to contest the validity 49 or enforcement ofathe registered order, the registering tribunal shall 50 schedule the matter for hearing and give notice to the parties of the date, 51 time, and place of the hearing. 23 1 SECTION 49. That Section 7-1046, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 7-10469. CONTEST OF REGISTRATION OR ENFORCEMENT. (1) A party contesting 4 the validity or enforcement of a registered order or seeking to vacate the 5 registration has the burden of proving one (1) or more of the following 6 defenses: 7 (a) The issuing tribunal lacked personal jurisdiction over the contesting 8 party; 9 (b) The order was obtained by fraud; 10 (c) The order has been vacated, suspended, or modified by a later order; 11 (d) The issuing tribunal has stayed the order pending appeal; 12 (e) There is a defense under the law of this state to the remedy sought; 13 (f) Full or partial payment has been made;or14 (g) The statute of limitation under section 7-10436, Idaho Code, pre- 15 cludes enforcement of some or all of the alleged arrearages; or 16 (h) The alleged controlling order is not the controlling order. 17 (2) If a party presents evidence establishing a full or partial defense 18 under subsection (1) of this section, a tribunal may stay enforcement of the 19 registered order, continue the proceeding to permit production of additional 20 relevant evidence, and issue other appropriate orders. An uncontested portion 21 of the registered order may be enforced by all remedies available under the 22 law of this state. 23 (3) If the contesting party does not establish a defense under subsection 24 (1) of this section to the validity or enforcement of the order, the register- 25 ing tribunal shall issue an order confirming the order. 26 SECTION 50. That Section 7-1047, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 7-104750. CONFIRMED ORDER. Confirmation of a registered order, whether by 29 operation of law or after notice and hearing, precludes further contest of the 30 order with respect to any matter that could have been asserted at the time of 31 registration. 32 SECTION 51. That Section 7-1048, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 7-104851. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR 35 MODIFICATION. A party or support enforcement agency seeking to modify, or to 36 modify and enforce, a child support order issued in another state shall regis- 37 terthethat order in this state in the same manner provided in sections 38 7-10403 through 7-105346, Idaho Code, if the order has not been registered. A 39 petition for modification may be filed at the same time as a request for reg- 40 istration, or later. The pleading must specify the grounds for modification. 41 SECTION 52. That Section 7-1049, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 7-104952. EFFECT OF REGISTRATION FOR MODIFICATION. A tribunal of this 44 state may enforce a child support order of another state registered for pur- 45 poses of modification, in the same manner as if the order had been issued by a 46 tribunal of this state, but the registered order may be modified only if the 47 requirements of section 7-10503, 7-1055 or 7-1057, Idaho Code, have been met. 24 1 SECTION 53. That Section 7-1050, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 7-10503. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (1)After4 If section 7-1055, Idaho Code, does not apply, except as otherwise provided in 5 section 7-1057, Idaho Code, upon petition a tribunal of this state may modify 6 a child support order issued in another statehas beenwhich is registered in 7 this state, unless the provisions of section 7-1052, Idaho Code, apply, the8responding tribunal of this state may modify that order onlyif, after notice 9 and hearing,itthe tribunal finds that: 10 (a) The following requirements are met: 11 (i) Neither tThe child, nor theindividualobligee who is an indi- 12 vidual,andnor the obligordo notresides in the issuing state; 13 (ii) A petitioner who is a nonresident ofthethis state seeks modi- 14 fication; and 15 (iii) The respondent is subject to the personal jurisdiction of the 16 tribunal of this state; or 17 (b)An individual party orThis state is the state of residence of the 18 child, or a party who is an individual is subject to the personal juris- 19 diction of the tribunal of this state, and all of theindividualparties 20 who are individuals have fileda writtenconsents in a record in the issu- 21 ing tribunalproviding thatfor a tribunal of this statemayto modify the 22 support order and assume continuing, exclusive jurisdiction.over the23order. However, if the issuing state is a foreign jurisdiction which has24not enacted this chapter, the written consent of the individual party25residing in this state is not required for the tribunal to assume juris-26diction to modify the child support order.27 (2) Modification of a registered child support order is subject to the 28 same requirements, procedures, and defenses that apply to the modification of 29 an order issued by a tribunal of this state and the order may be enforced and 30 satisfied in the same manner. 31 (3)AExcept as otherwise provided in section 7-1057, Idaho Code, a tri- 32 bunal of this state may not modify any aspect of a child support order that 33 may not be modified under the law of the issuing state, including the duration 34 of the obligation to support. If two (2) or more tribunals have issued child 35 support orders for the same obligor and same child, the order thatis control-36lingcontrols and must be so recognized underthe provisions ofsection 37 7-10101, Idaho Code, establishes thenonmodifiableaspects of the support 38 order which are nonmodifiable. 39 (4) In a proceeding to modify a child support order, the law of the state 40 that is determined to have issued the initial controlling order governs the 41 duration of the obligation of support. The obligor's fulfillment of the duty 42 of support established by that order precludes imposition of a further obliga- 43 tion of support by a tribunal of this state. 44 (5) On the issuance of an order by a tribunal of this state modifying a 45 child support order issued in another state,athe tribunal of this state 46 becomes the tribunalofhaving continuing, exclusive jurisdiction. 47 SECTION 54. That Section 7-1051, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 7-10514. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.AIf a child 50 support order issued by a tribunal of this stateshall recognize a modifica-51tion of its earlier child support orderis modified by a tribunal of another 52 state which assumed jurisdiction pursuant tothis chapterthe uniform inter- 25 1 state family support act,or a law substantially similar to this chapter and,2upon request, except as otherwise provided in this chapter, shalla tribunal 3 of this state: 4 (1) May eEnforcetheits order that was modified only as toamounts5 arrears and interest accruing before the modification; 6 (2)Enforce only nonmodifiable aspects of that order;7(3)May pProvideotherappropriate reliefonlyfor violations ofthat8 its order which occurred before the effective date of the modification; and 9 (43) Shall rRecognize the modifying order of the other state, upon regis- 10 tration, for the purpose of enforcement. 11 SECTION 55. That Section 7-1052, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 7-10525. JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDI- 14 VIDUAL PARTIES RESIDE IN THIS STATE. (1) If all of theindividualparties who 15 are individuals reside in this state and the child does not reside in the 16 issuing state, a tribunal of this state has jurisdiction to enforce and to 17 modify the issuing state's child support order in a proceeding to register 18 that order. 19 (2) A tribunal of this state exercising jurisdictionas provided inunder 20 this section shall apply the provisions of sections 7-1001 through 7-10125 and 21 sections 7-1043 through 7-1057, Idaho Code,and this sectionand the proce- 22 dural and substantive law of this state to the proceeding for enforcement or 23 modification.proceeding.Sections 7-10136 through 7-103942, Idaho Code, and 24 sections 7-10548 through 7-10560, Idaho Code, do not apply.and the tribunal25shall apply the procedural and substantive law of this state.26 SECTION 56. That Section 7-1053, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 7-10536. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. Within thirty (30) 29 days after issuance of a modified child support order, the party obtaining the 30 modification shall file a certified copy of the order with the issuing tribu- 31 nalwhichthat had continuing, exclusive jurisdiction over the earlier order 32 and in each tribunal in which the party knowsthatthe earlier order has been 33 registered.Failure of theA partyobtainingwho obtains the order and fails 34 to file a certified copyas requiredsubjects that partyis subject to appro- 35 priate sanctions by a tribunal in which the issue of failure to file arises.,36but thatThe failurehas no effect onto file does not affect the validity or 37 enforceability of the modified order of the new tribunalofhaving continuing, 38 exclusive jurisdiction. 39 SECTION 57. That Chapter 10, Title 7, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 41 ignated as Section 7-1057, Idaho Code, and to read as follows: 42 7-1057. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY OR 43 POLITICAL SUBDIVISION. (1) If a foreign country or political subdivision that 44 is a state will not or may not modify its order pursuant to its laws, a tribu- 45 nal of this state may assume jurisdiction to modify the child support order 46 and bind all individuals subject to the personal jurisdiction of the tribunal 47 whether or not the consent to modification of a child support order otherwise 48 required of the individual pursuant to section 7-1053, Idaho Code, has been 49 given or whether the individual seeking modification is a resident of this 26 1 state or of the foreign country or political subdivision. 2 (2) An order issued pursuant to this section is the controlling order. 3 SECTION 58. That Section 7-1054, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 7-10548. PROCEEDING TO DETERMINE PARENTAGE. (1) Atribunalcourt of this 6 state authorized to determine parentage of a child may serve asan initiating7ora responding tribunal in a proceeding to determine parentage brought under 8 this chapter or a law or procedure substantially similar to this chapter., or9under a law or procedure substantially similar to the uniform reciprocal10enforcement of support act, or the revised uniform reciprocal enforcement of11support act to determine that the petitioner is a parent of a particular child12or to determine that a respondent is a parent of that child.13(2) In a proceeding to determine parentage, a responding tribunal of this14state shall apply the provisions of chapter 11, title 7, Idaho Code, and the15rules of this state on choice of law.16 SECTION 59. That Section 7-1055, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 7-10559. GROUNDS FOR RENDITION. (1) For purposes of sections 7-10559 and 19 7-10560, Idaho Code, "governor" includes an individual performing the func- 20 tions of governor or the executive authority of a state covered by this chap- 21 ter. 22 (2) The governor of this state may: 23 (a) Demand that the governor of another state surrender an individual 24 found in the other state who is charged criminally in this state with hav- 25 ing failed to provide for the support of an obligee; or 26 (b) On the demandbyof the governor of another state, surrender an indi- 27 vidual found in this state who is charged criminally in the other state 28 with having failed to provide for the support of an obligee. 29 (3) A provision for extradition of individuals not inconsistent with this 30 chapter applies to the demand even if the individual whose surrender is 31 demanded was not in the demanding state when the crime was allegedly committed 32 and has not fled therefrom. 33 SECTION 60. That Section 7-1056, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 7-10560. CONDITIONS OF RENDITION. (1) Before making a demand that the 36 governor of another state surrender an individual charged criminally in this 37 state with having failed to provide for the support of an obligee, the gover- 38 nor of this state may require a prosecutor of this state to demonstrate that 39 at least sixty (60) days previously the obligee had initiated proceedings for 40 support pursuant to this chapter or that the proceeding would be of no avail. 41 (2) If, under this chapter or a law substantially similar to this chap- 42 ter,the uniform reciprocal enforcement of support act, or the revised uniform43reciprocal enforcement of support act,the governor of another state makes a 44 demand that the governor of this state surrender an individual charged crimi- 45 nally in that state with having failed to provide for the support of a child 46 or other individual to whom a duty of support is owed, the governor may 47 require a prosecutor to investigate the demand and report whether a proceed- 48 ing for support has been initiated or would be effective. If it appears that a 49 proceeding would be effective but has not been initiated, the governor may 27 1 delay honoring the demand for a reasonable time to permit the initiation of a 2 proceeding. 3 (3) If a proceeding for support has been initiated and the individual 4 whose rendition is demanded prevails, the governor may decline to honor the 5 demand. If the petitioner prevails and the individual whose rendition is 6 demanded is subject to a support order, the governor may decline to honor the 7 demand if the individual is complying with the support order. 8 SECTION 61. That Section 7-1057, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 7-105761. UNIFORMITY OF APPLICATION AND CONSTRUCTION.ThisIn applying 11 and construing this chaptershall be applied and construed to effectuate its12general purpose to make uniformconsideration must be given to the need to 13 promote uniformity of the law with respect totheits subjectof this chapter14 matter amongthestatesenactingthat enact it. 15 SECTION 62. That Section 7-1059, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 7-105962. SEVERABILITY. If any provision of this chapter or its applica- 18 tion to any person or circumstance is held invalid, the invalidity does not 19 affect other provisions or applications of this chapter which can be given 20 effect without the invalid provision or application, and to this end the pro- 21 visions of this chapter are severable.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Davis
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1332
1 AMENDMENT TO SECTION 2
2 On page 3 of the printed bill, in line 41, delete "title 7" and insert:
3 "title 732".
4 AMENDMENTS TO SECTION 26
5 On page 15, in line 4, delete "name," and insert: "name, and"; in line 5,
6 delete ", and social security numbers" and insert: ", and social security num-
7 bers"; and in line 7, delete "social security number," and insert: "social
8 security number,".
9 AMENDMENT TO SECTION 36
10 On page 18, in line 33, delete "title 7" and insert: "title 732".
11 AMENDMENT TO SECTION 44
12 On page 20, in line 42, delete "and social security number" and insert:
13 "and social security number".
14 AMENDMENT TO SECTION 47
15 On page 22, in line 34, delete "title 7" and insert: "title 732".
16 AMENDMENT TO THE BILL
17 On page 27, following line 21, insert:
18 "SECTION 63. This act shall be in full force and effect on and after July
19 1, 2007.".
20 CORRECTIONS TO TITLE
21 On page 1, in line 4, delete "AND TO REVISE DEFINITIONS" and insert: ", TO
22 REVISE DEFINITIONS AND TO REVISE A CODE REFERENCE"; on page 3, in line 12,
23 delete "AND AMENDING" and insert: "AMENDING"; and also in line 12, following
24 "REDESIGNATE THE SECTION" insert: "; AND PROVIDING AN EFFECTIVE DATE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1332, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; AMENDING SECTION
3 7-1058, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 7-1001,
4 IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE DEFINITIONS AND TO
5 REVISE A CODE REFERENCE; AMENDING SECTION 7-1002, IDAHO CODE, TO REDESIG-
6 NATE THE SECTION; AMENDING SECTION 7-1003, IDAHO CODE, TO REDESIGNATE THE
7 SECTION AND TO REVISE PROVISIONS APPLICABLE TO REMEDIES; AMENDING SECTION
8 7-1004, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LAN-
9 GUAGE AND TO REVISE PROVISIONS APPLICABLE TO BASES FOR JURISDICTION OVER
10 NONRESIDENTS; AMENDING SECTION 7-1005, IDAHO CODE, TO REDESIGNATE THE SEC-
11 TION, TO REVISE DESCRIPTIVE LANGUAGE AND TO SET FORTH THE DURATION OF PER-
12 SONAL JURISDICTION; AMENDING SECTION 7-1006, IDAHO CODE, TO REDESIGNATE
13 THE SECTION; AMENDING SECTION 7-1007, IDAHO CODE, TO REDESIGNATE THE SEC-
14 TION, TO REVISE DESCRIPTIVE LANGUAGE AND TO REMOVE LANGUAGE REFERENCING A
15 PETITION OR COMPARABLE PLEADING; AMENDING SECTION 7-1008, IDAHO CODE, TO
16 REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PRO-
17 VISIONS APPLICABLE TO JURISDICTION TO MODIFY CHILD SUPPORT ORDERS; AMEND-
18 ING SECTION 7-1009, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE
19 DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO JURISDICTION
20 TO ENFORCE CHILD SUPPORT ORDERS; AMENDING SECTION 7-1010, IDAHO CODE, TO
21 REDESIGNATE THE SECTION, TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PRO-
22 VISIONS APPLICABLE TO DETERMINING CONTROLLING CHILD SUPPORT ORDERS; AMEND-
23 ING SECTION 7-1011, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REMOVE
24 REFERENCES TO MULTIPLE REGISTRATIONS, PETITIONS OR ORDERS; AMENDING SEC-
25 TION 7-1012, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVI-
26 SIONS APPLICABLE TO CREDIT FOR PAYMENTS; AMENDING CHAPTER 10, TITLE 7,
27 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-1014, IDAHO CODE, TO PRO-
28 VIDE FOR APPLICATION TO NONRESIDENTS SUBJECT TO PERSONAL JURISDICTION;
29 AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
30 7-1015, IDAHO CODE, TO PROVIDE FOR JURISDICTION TO MODIFY SPOUSAL SUPPORT
31 ORDERS; AMENDING SECTION 7-1013, IDAHO CODE, TO REDESIGNATE THE SECTION
32 AND TO REVISE PROVISIONS APPLICABLE TO PROCEEDINGS; AMENDING SECTION
33 7-1014, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE DESCRIPTIVE
34 LANGUAGE; AMENDING SECTION 7-1015, IDAHO CODE, TO REDESIGNATE THE SECTION
35 AND TO REVISE PROVISIONS RELATING TO APPLICATION OF LAW; AMENDING SECTION
36 7-1016, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS
37 APPLICABLE TO DUTIES OF INITIATING TRIBUNALS; AMENDING SECTION 7-1017,
38 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE
39 TO THE DUTIES AND POWERS OF RESPONDING TRIBUNALS; AMENDING SECTION 7-1018,
40 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REFERENCE THE TRIBUNAL;
41 AMENDING SECTION 7-1019, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
42 REVISE PROVISIONS APPLICABLE TO DUTIES OF SUPPORT ENFORCEMENT AGENCIES;
43 AMENDING SECTION 7-1020, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
44 REVISE DUTIES OF THE ATTORNEY GENERAL; AMENDING SECTION 7-1021, IDAHO
45 CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 7-1022, IDAHO CODE, TO
46 REDESIGNATE THE SECTION AND TO REVISE DUTIES OF THE STATE INFORMATION
2
1 AGENCY; AMENDING SECTION 7-1023, IDAHO CODE, TO REDESIGNATE THE SECTION
2 AND TO REVISE PROVISIONS APPLICABLE TO PLEADINGS AND ACCOMPANYING DOCU-
3 MENTS; AMENDING SECTION 7-1024, IDAHO CODE, TO REDESIGNATE THE SECTION
4 AND TO REVISE PROVISIONS APPLICABLE TO THE NONDISCLOSURE OF CERTAIN INFOR-
5 MATION; AMENDING SECTION 7-1025, IDAHO CODE, TO REDESIGNATE THE SECTION
6 AND TO REVISE CODE REFERENCES; AMENDING SECTION 7-1026, IDAHO CODE, TO
7 REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO LIMITED
8 IMMUNITY OF PETITIONERS; AMENDING SECTION 7-1027, IDAHO CODE, TO REDESIG-
9 NATE THE SECTION; AMENDING SECTION 7-1028, IDAHO CODE, TO REDESIGNATE THE
10 SECTION AND TO REVISE PROVISIONS APPLICABLE TO SPECIAL RULES OF EVIDENCE
11 AND PROCEDURE; AMENDING SECTION 7-1029, IDAHO CODE, TO REDESIGNATE THE
12 SECTION AND TO REVISE PROVISIONS APPLICABLE TO COMMUNICATIONS BETWEEN TRI-
13 BUNALS; AMENDING SECTION 7-1030, IDAHO CODE, TO REDESIGNATE THE SECTION;
14 AMENDING SECTION 7-1031, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
15 REVISE PROVISIONS APPLICABLE TO RECEIPT AND DISBURSEMENT OF PAYMENTS;
16 AMENDING SECTION 7-1032, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
17 REVISE PROVISIONS APPLICABLE TO PETITIONS TO ESTABLISH SUPPORT ORDERS;
18 AMENDING SECTION 7-1033, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
19 REVISE PROVISIONS APPLICABLE TO AN EMPLOYER'S RECEIPT OF AN INCOME-
20 WITHHOLDING ORDER OF ANOTHER STATE; AMENDING SECTION 7-1034, IDAHO CODE,
21 TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO AN
22 EMPLOYER'S COMPLIANCE WITH AN INCOME-WITHHOLDING ORDER OF ANOTHER STATE;
23 AMENDING SECTION 7-1035, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE
24 DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO AN EMPLOYER'S
25 COMPLIANCE WITH TWO OR MORE INCOME-WITHHOLDING ORDERS; AMENDING SECTION
26 7-1036, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS
27 APPLICABLE TO IMMUNITY FROM CIVIL LIABILITY; AMENDING SECTION 7-1037,
28 IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 7-1038, IDAHO
29 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO
30 CONTESTS BY OBLIGORS; AMENDING SECTION 7-1039, IDAHO CODE, TO REDESIGNATE
31 THE SECTION AND TO PROVIDE A REFERENCE TO A SUPPORT ENFORCEMENT AGENCY;
32 AMENDING SECTION 7-1040, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
33 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 7-1041, IDAHO CODE, TO
34 REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO THE PROCE-
35 DURE TO REGISTER AN ORDER FOR ENFORCEMENT; AMENDING SECTION 7-1042, IDAHO
36 CODE, TO REDESIGNATE THE SECTION AND TO REVISE CODE REFERENCES; AMENDING
37 SECTION 7-1043, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PRO-
38 VISIONS APPLICABLE TO CHOICE OF LAW; AMENDING SECTION 7-1044, IDAHO CODE,
39 TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO NOTICE
40 OF REGISTRATION OF ORDER; AMENDING SECTION 7-1045, IDAHO CODE, TO REDESIG-
41 NATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO THE PROCEDURE TO
42 CONTEST THE VALIDITY OR ENFORCEMENT OF A REGISTERED ORDER; AMENDING SEC-
43 TION 7-1046, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVI-
44 SIONS APPLICABLE TO CONTESTS OF REGISTRATION OR ENFORCEMENT; AMENDING SEC-
45 TION 7-1047, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION
46 7-1048, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE CODE REFERENCES
47 AND TO MAKE A GRAMMATICAL CHANGE; AMENDING SECTION 7-1049, IDAHO CODE, TO
48 REDESIGNATE THE SECTION AND TO REVISE AND PROVIDE CODE REFERENCES; AMEND-
49 ING SECTION 7-1050, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE
50 PROVISIONS APPLICABLE TO THE MODIFICATION OF A CHILD SUPPORT ORDER OF
51 ANOTHER STATE; AMENDING SECTION 7-1051, IDAHO CODE, TO REDESIGNATE THE
52 SECTION AND TO REVISE PROVISIONS APPLICABLE TO THE RECOGNITION OF AN ORDER
53 MODIFIED IN ANOTHER STATE; AMENDING SECTION 7-1052, IDAHO CODE, TO REDES-
54 IGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO JURISDICTION TO
55 MODIFY SUPPORT ORDERS IN CERTAIN CASES; AMENDING SECTION 7-1053, IDAHO
3
1 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO
2 NOTICES OF MODIFICATION; AMENDING CHAPTER 10, TITLE 7, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 7-1057, IDAHO CODE, TO PROVIDE FOR JURISDICTION
4 TO MODIFY A CHILD SUPPORT ORDER OF A FOREIGN COUNTRY OR POLITICAL SUBDIVI-
5 SION; AMENDING SECTION 7-1054, IDAHO CODE, TO REDESIGNATE THE SECTION AND
6 TO REVISE PROVISIONS APPLICABLE TO PROCEEDINGS TO DETERMINE PARENTAGE;
7 AMENDING SECTION 7-1055, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
8 REVISE PROVISIONS APPLICABLE TO GROUNDS FOR RENDITION; AMENDING SECTION
9 7-1056, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS
10 APPLICABLE TO CONDITIONS OF RENDITION; AMENDING SECTION 7-1057, IDAHO
11 CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS APPLICABLE TO
12 UNIFORMITY OF APPLICATION AND CONSTRUCTION; AMENDING SECTION 7-1059, IDAHO
13 CODE, TO REDESIGNATE THE SECTION; AND PROVIDING AN EFFECTIVE DATE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 7-1058, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 7-105801. SHORT TITLE. This chapter may be cited as the uniform inter-
18 state family support act.
19 SECTION 2. That Section 7-1001, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 7-10012. DEFINITIONS. In this chapter:
22 (1) "Child" means an individual, whether over or under the age of major-
23 ity, who is or is alleged to be owed a duty of support by the individual's
24 parent or who is or is alleged to be the beneficiary of a support order
25 directed to the parent.
26 (2) "Child support order" means a support order for a child, including a
27 child who has attained the age of majority under the law of the issuing state.
28 (3) "Duty of support" means an obligation imposed or imposable by law to
29 provide support for a child, spouse, or former spouse, including an unsatis-
30 fied obligation to provide support.
31 (4) "Home state" means the state in which a child lived with a parent or
32 a person acting as parent for at least six (6) consecutive months immediately
33 preceding the time of filing of a petition or comparable pleading for support
34 and, if a child is less than six (6) months old, the state in which the child
35 lived from birth with any of them. A period of temporary absence of any of
36 them is counted as part of the six (6) month or other period.
37 (5) "Income" includes earnings or other periodic entitlements to money
38 from any source and any other property subject to withholding for support
39 under the law of this state.
40 (6) "Income-withholding order" means an order or other legal process
41 directed to an obligor's employer or other debtor, as defined by chapter 12,
42 title 732, Idaho Code, to withhold support from the income of the obligor.
43 (7) "Initiating state" means a state from which a proceeding is forwarded
44 or in which a proceeding is filed for forwarding to a responding state under
45 this chapter or a law or procedure substantially similar to this chapter, or
46 under a law or procedure substantially similar to the uniform reciprocal
47 enforcement of support act, or the revised uniform reciprocal enforcement of
48 support act.
49 (8) "Initiating tribunal" means the authorized tribunal in an initiating
50 state.
4
1 (9) "Issuing state" means the state in which a tribunal issues a support
2 order or renders a judgment determining parentage.
3 (10) "Initiating Issuing tribunal" means the tribunal that issues a sup-
4 port order or renders a judgment determining parentage.
5 (11) "Law" includes decisional and statutory law and rules and regulations
6 having the force of law.
7 (12) "Obligee" means:
8 (a) An individual to whom a duty of support is or is alleged to be owed
9 or in whose favor a support order has been issued or a judgment determin-
10 ing parentage has been rendered;
11 (b) A state or political subdivision to which the rights under a duty of
12 support or support order have been assigned or which has independent
13 claims based on financial assistance provided to an individual obligee; or
14 (c) An individual seeking a judgment determining parentage of the
15 individual's child.
16 (13) "Obligor" means an individual, or the estate of a decedent:
17 (a) Who owes or is alleged to owe a duty of support;
18 (b) Who is alleged but has not been adjudicated to be a parent of a
19 child; or
20 (c) Who is liable under a support order.
21 (14) "Person" means an individual, corporation, business trust, estate,
22 trust, partnership, limited liability company, association, joint venture,
23 government, governmental subdivision, agency, or instrumentality, public cor-
24 poration, or any other legal or commercial entity.
25 (15) "Record" means information that is inscribed on a tangible medium or
26 that is stored in an electronic or other medium and is retrievable in
27 perceivable form.
28 (16) "Register" means to record a support order or judgment determining
29 parentage in the district court.
30 (157) "Registering tribunal" means a tribunal in which a support order is
31 registered.
32 (168) "Responding state" means a state in which a proceeding is filed or
33 to which a proceeding is forwarded for filing from an initiating state under
34 this chapter or a law or procedure substantially similar to this chapter, or
35 under a law or procedure substantially similar to the uniform reciprocal
36 enforcement of support act, or the revised uniform reciprocal enforcement of
37 support act.
38 (179) "Responding tribunal" means the authorized tribunal in a responding
39 state.
40 (1820) "Spousal-support order" means a support order for a spouse or
41 former spouse of the obligor.
42 (219) "State" means a state of the United States, the District of Colum-
43 bia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any
44 territory or insular possession subject to the jurisdiction of the United
45 States. The term "state" includes:
46 (a) An Indian tribe; and
47 (b) A foreign jurisdiction country or political subdivision that:
48 (i) Has been declared to be a foreign reciprocating country or
49 political subdivision under federal law;
50 (ii) Has established a reciprocal arrangement for child support with
51 this state as provided in section 7-1023, Idaho Code; or
52 (iii) Hhas enacted a law or established procedures for the issuance
53 and enforcement of support orders which are substantially similar to
54 the procedures under this chapter. or the procedures under the uni-
55 form reciprocal enforcement of support act or the revised uniform
5
1 enforcement of support act.
2 (202) "Support enforcement agency" means a public official or agency
3 authorized to seek:
4 (a) Enforcement of support orders or laws relating to the duty of sup-
5 port;
6 (b) Establishment or modification of child support;
7 (c) Determination of parentage; or
8 (d) To locate Location of obligors or their assets; or
9 (e) Determination of the controlling child support order.
10 (213) "Support order" means a judgment, decree, or order, or directive,
11 whether temporary, final, or subject to modification, issued by a tribunal for
12 the benefit of a child, a spouse, or a former spouse, which provides for mone-
13 tary support, health care, arrearages, or reimbursement, and may include
14 related costs and fees, interest, income withholding, attorney's fees, and
15 other relief.
16 (224) "Tribunal" means a court, administrative agency, or quasi-judicial
17 entity authorized to establish, enforce, or modify support orders or to deter-
18 mine parentage.
19 SECTION 3. That Section 7-1002, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 7-10023. TRIBUNALS OF THIS STATE. The district courts are the tribunals
22 of this state.
23 SECTION 4. That Section 7-1003, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 7-10034. REMEDIES CUMULATIVE. (1) Remedies provided by this chapter are
26 cumulative and do not affect the availability of remedies under other law,
27 including the recognition of a support order of a foreign country or political
28 subdivision on the basis of comity.
29 (2) This chapter does not:
30 (a) Provide the exclusive method of establishing or enforcing a support
31 order under the law of this state; or
32 (b) Grant a tribunal of this state jurisdiction to render judgment or
33 issue an order relating to child custody or visitation in a proceeding
34 under this chapter.
35 SECTION 5. That Section 7-1004, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 7-10045. BASIS BASES FOR JURISDICTION OVER NONRESIDENT. (1) In a proceed-
38 ing to establish, or enforce, or modify a support order or to determine par-
39 entage, a tribunal of this state may exercise personal jurisdiction over a
40 nonresident individual or the individual's guardian or conservator if:
41 (1a) The individual is personally served with notice within this state;
42 (2b) The individual submits to the jurisdiction of this state by consent
43 in a record, by entering a general appearance, or by filing a responsive
44 document having the effect of waiving any contest to personal jurisdic-
45 tion;
46 (3c) The individual resided with the child in this state;
47 (4d) The individual resided in this state and provided prenatal expenses
48 or support for the child;
49 (5e) The child resides in this state as a result of the acts or direc-
6
1 tives of the individual;
2 (6f) The individual engaged in sexual intercourse in this state and the
3 child may have been conceived by that act of intercourse;
4 (7g) The individual asserted parentage in the registry maintained in this
5 state by the vital statistics unit of the department of health and welfare
6 provided in section 16-1513, Idaho Code; or
7 (8h) There is any other basis consistent with the constitutions of this
8 state and the United States for the exercise of personal jurisdiction.
9 (2) The bases of personal jurisdiction set forth in subsection (1) of
10 this section or in any other law of this state may not be used to acquire per-
11 sonal jurisdiction for a tribunal of the state to modify a child support order
12 of another state unless the requirements of section 7-1053 or 7-1057, Idaho
13 Code, are met.
14 SECTION 6. That Section 7-1005, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 7-10056. PROCEDURE WHEN EXERCISING DURATION OF PERSONAL JURISDICTION.
17 OVER NONRESIDENT. A tribunal of this state exercising personal jurisdiction
18 over a nonresident under section 7-1004, Idaho Code, may apply section 7-1028,
19 Idaho Code, to receive evidence from another state, section 7-1030, Idaho
20 Code, to obtain discovery through a tribunal of another state. In all other
21 respects, sections 7-1013 through 7-1054, Idaho Code, do not apply and the
22 tribunal shall apply the procedural and substantive law of this state, includ-
23 ing the rules on choice of law other than those established by this chapter
24 Personal jurisdiction acquired by a tribunal of this state in a proceeding
25 under this chapter or other law of this state relating to a support order con-
26 tinues as long as a tribunal of this state has continuing, exclusive jurisdic-
27 tion to modify its order or continuing jurisdiction to enforce its order as
28 provided in sections 7-1009, 7-1010 and 7-1015, Idaho Code.
29 SECTION 7. That Section 7-1006, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 7-10067. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE. Under this
32 chapter, a tribunal of this state may serve as an initiating tribunal to for-
33 ward proceedings to another state and as a responding tribunal for proceedings
34 initiated in another state.
35 SECTION 8. That Section 7-1007, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 7-10078. SIMULTANEOUS PROCEEDINGS. IN ANOTHER STATE. (1) A tribunal of
38 this state may exercise jurisdiction to establish a support order if the peti-
39 tion or comparable pleading is filed after a petition or comparable pleading
40 is filed in another state only if:
41 (a) The petition or comparable pleading in this state is filed before the
42 expiration of the time allowed in the other state for filing a responsive
43 pleading challenging the exercise of jurisdiction by the other state;
44 (b) The contesting party timely challenges the exercise of jurisdiction
45 in the other state; and
46 (c) If relevant, this state is the home state of the child.
47 (2) A tribunal of this state may not exercise jurisdiction to establish a
48 support order if the petition or comparable pleading is filed before a peti-
49 tion or comparable pleading is filed in another state if:
7
1 (a) The petition or comparable pleading in the other state is filed
2 before the expiration of the time allowed in this state for filing a
3 responsive pleading challenging the exercise of jurisdiction by this
4 state;
5 (b) The contesting party timely challenges the exercise of jurisdiction
6 in this state; and
7 (c) If relevant, the other state is the home state of the child.
8 SECTION 9. That Section 7-1008, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-10089. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT
11 ORDER. (1) A tribunal of this state issuing that has issued a child support
12 order consistent with the law of this state has and shall exercise continuing,
13 exclusive jurisdiction over a to modify its child support order if the order
14 is the controlling order and:
15 (a) As long as At the time of the filing of a request for modification
16 this state remains is the residence of the obligor, the individual obli-
17 gee, or the child for whose benefit the support order is issued; or
18 (b) Until each individual party has filed written consent with the tribu-
19 nal of this state for a tribunal of another state to modify the order and
20 assume continuing, exclusive jurisdiction Even if this state is not the
21 residence of the obligor, the individual obligee, or the child for whose
22 benefit the support order is issued, the parties consent in a record or in
23 open court that the tribunal of this state may continue to exercise juris-
24 diction to modify its order.
25 (2) A tribunal of this state issuing that has issued a child support
26 order consistent with the law of this state may not exercise its continuing,
27 exclusive jurisdiction to modify the order if: the order has been modified by
28 a tribunal of another state pursuant to this chapter or a law substantially
29 similar to this chapter
30 (a) All of the parties who are individuals file consent in a record with
31 the tribunal of this state that a tribunal of another state that has
32 jurisdiction over at least one (1) of the parties who is an individual or
33 that is located in the state of residence of the child may modify the
34 order and assume continuing, exclusive jurisdiction; or
35 (b) Its order is not the controlling order.
36 (3) If a child support order of this state is modified by a tribunal of
37 another state pursuant to this chapter or a law substantially similar to this
38 chapter, a tribunal of this state loses its continuing, exclusive jurisdiction
39 with regard to prospective enforcement of the order issued in this state, and
40 may only:
41 (a) Enforce the order that was modified as to amounts accruing before the
42 modification;
43 (b) Enforce nonmodified aspects of that order; and
44 (c) Provide other appropriate relief for violations of that order which
45 occurred before the effective date of the modification.
46 (4) A tribunal of this state shall recognize the continuing, exclusive
47 jurisdiction of a tribunal of another state which has issued a child support
48 order pursuant to this chapter or a law substantially similar to this chapter
49 that modifies a child support order of a tribunal of this state, tribunals of
50 this state shall recognize the continuing, exclusive jurisdiction of the tri-
51 bunal of the other state.
52 (4) A tribunal of this state that lacks continuing, exclusive jurisdic-
53 tion to modify a child support order may serve as an initiating tribunal to
8
1 request a tribunal of another state to modify a support order issued in that
2 state.
3 (5) A temporary support order issued ex parte or pending resolution of a
4 jurisdictional conflict does not create continuing, exclusive jurisdiction in
5 the issuing tribunal.
6 (6) A tribunal of this state issuing a support order consistent with the
7 law of this state has continuing, exclusive jurisdiction over a spousal sup-
8 port order throughout the existence of the support obligation. A tribunal of
9 this state may not modify a spousal support order issued by a tribunal of
10 another state having continuing, exclusive jurisdiction over that order under
11 the law of that state.
12 SECTION 10. That Section 7-1009, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 7-100910. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAV-
15 ING CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER. (1) A tribunal of
16 this state that has issued a child support order consistent with the law of
17 this state may serve as an initiating tribunal to request a tribunal of
18 another state to enforce: or modify a support order issued in that state
19 (a) The order if the order is the controlling order and has not been mod-
20 ified by a tribunal of another state that assumed jurisdiction pursuant to
21 this chapter; or
22 (b) A money judgment for arrears of support and interest on the order
23 accrued before a determination that an order of another state is the con-
24 trolling order.
25 (2) A tribunal of this state having continuing, exclusive jurisdiction
26 over a support order may act as a responding tribunal to enforce or modify
27 that the order. If a party subject to the continuing, exclusive jurisdiction
28 of the tribunal no longer resides in the issuing state, in subsequent proceed-
29 ings the tribunal may apply section 7-1028, Idaho Code, to receive evidence
30 from another state and section 7-1030, Idaho Code, to obtain discovery through
31 a tribunal of another state.
32 (3) A tribunal of this state which lacks continuing, exclusive jurisdic-
33 tion over a spousal support order may not serve as a responding tribunal to
34 modify a spousal support order of another state.
35 SECTION 11. That Section 7-1010, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 7-10101. RECOGNITION DETERMINATION OF CONTROLLING CHILD SUPPORT ORDERS.
38 (1) If a proceeding is brought under this chapter and only one (1) tribunal
39 has issued a child support order, the order of that tribunal is controlling
40 controls and must be so recognized.
41 (2) If a proceeding is brought under this chapter, and two (2) or more
42 child support orders have been issued by tribunals of this state or another
43 state with regard to the same obligor and same child, a tribunal of this state
44 having personal jurisdiction over both the obligor and individual obligee
45 shall apply the following rules in determining and by order shall determine
46 which order to recognize for purposes of continuing, exclusive jurisdiction
47 controls:
48 (a) If only one (1) of the tribunals would have continuing, exclusive
49 jurisdiction under this chapter, the order of that tribunal is controlling
50 controls and must be so recognized;
51 (b) If more than one (1) of the tribunals would have continuing, exclu-
9
1 sive jurisdiction under this chapter,:
2 (i) Aan order issued by a tribunal in the current home state of
3 the child must be recognized controls, but
4 (ii) Iif an order has not been issued in the current home state of
5 the child, the order more most recently issued is controlling and
6 must be recognized controls;
7 (c) If none of the tribunals would have continuing, exclusive jurisdic-
8 tion under this chapter, the tribunal of this state having jurisdiction
9 over the parties must shall issue a child support order, which is control-
10 ling and must be recognized controls.
11 (3) If two (2) or more child support orders have been issued for the same
12 obligor and same child, and if the obligor or the individual obligee resides
13 in this state, upon request of a party may request who is an individual or a
14 support enforcement agency, a tribunal of this state to having personal juris-
15 diction over both the obligor and the obligee who is an individual shall
16 determine which order controls and must be recognized under subsection (2) of
17 this section. The request must be accompanied by a certified copy of every
18 support order in effect. Every party whose rights may be affected by a deter-
19 mination of the controlling order must be given notice of the request for that
20 determination The request may be filed with a registration for enforcement or
21 registration for modification pursuant to sections 7-1043 through 7-1057,
22 Idaho Code, or may be filed as a separate proceeding.
23 (4) A request to determine which is the controlling order must be accom-
24 panied by a copy of every child support order in effect and the applicable
25 record of payments. The requesting party shall give notice of the request to
26 each party whose rights may be affected by the determination.
27 (5) The tribunal that issued the controlling order that must be recog-
28 nized as controlling under subsection (1), (2) or (3) of this section is the
29 tribunal that has continuing, exclusive jurisdiction in accordance with to the
30 extent provided in section 7-10089 or 7-1010, Idaho Code.
31 (56) A tribunal of this state which that determines by order the identity
32 of which is the controlling child support order under subsections (2)(a) or
33 (2)(b) or (3) of this section or which that issues a new controlling child
34 support order under subsection (2)(c) of this section, shall include state in
35 that order:
36 (a) Tthe basis upon which the tribunal made its determination;
37 (b) The amount of prospective support, if any; and
38 (c) The total amount of consolidated arrears and accrued interest, if
39 any, under all of the orders after all payments made are credited as pro-
40 vided in section 7-1013, Idaho Code.
41 (67) Within thirty (30) days after issuance of the an order determining
42 the identity of which is the controlling order, the party obtaining that the
43 order shall file a certified copy of it with in each tribunal that had issued
44 or registered an earlier order of child support. Failure of the A party or
45 support enforcement agency obtaining the order that fails to file a certified
46 copy as required subjects that party is subject to appropriate sanctions by a
47 tribunal in which the issue of failure to file arises., but that The failure
48 has no effect on to file does not affect the validity or enforceability of
49 the controlling order.
50 (8) An order that has been determined to be the controlling order, or a
51 judgment for consolidated arrears of support and interest, if any, made pursu-
52 ant to this section must be recognized in proceedings under this chapter.
53 SECTION 12. That Section 7-1011, Idaho Code, be, and the same is hereby
54 amended to read as follows:
10
1 7-10112. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. In
2 responding to multiple registrations or petitions for enforcement of two (2)
3 or more child support orders in effect at the same time with regard to the
4 same obligor and different individual obligees, at least one (1) of which was
5 issued by a tribunal of another state, a tribunal of this state shall enforce
6 those orders in the same manner as if the multiple orders had been issued by a
7 tribunal of this state.
8 SECTION 13. That Section 7-1012, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-10123. CREDIT FOR PAYMENTS. A tribunal of this state shall credit
11 aAmounts collected and credited for a particular period pursuant to a any
12 child support order against the amounts owed for the same period under any
13 other child support order for support of the same child issued by a tribunal
14 of this or another state. must be credited against the amounts accruing or
15 accrued for the same period under a support order issued by the tribunal of
16 this state.
17 SECTION 14. That Chapter 10, Title 7, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 7-1014, Idaho Code, and to read as follows:
20 7-1014. APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURIS-
21 DICTION. A tribunal of this state exercising personal jurisdiction over a non-
22 resident in a proceeding under this chapter, under other law of this state
23 relating to a support order, or recognizing a support order of a foreign coun-
24 try or political subdivision on the basis of comity may receive evidence from
25 another state pursuant to section 7-1031, Idaho Code, communicate with a tri-
26 bunal of another state pursuant to section 7-1032, Idaho Code, and obtain dis-
27 covery through a tribunal of another state pursuant to section 7-1033, Idaho
28 Code. In all other respects, sections 7-1016 through 7-1058, Idaho Code, do
29 not apply and the tribunal shall apply the procedural and substantive law of
30 this state.
31 SECTION 15. That Chapter 10, Title 7, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 7-1015, Idaho Code, and to read as follows:
34 7-1015. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT
35 ORDER. (1) A tribunal of this state issuing a spousal support order consistent
36 with the law of this state has continuing, exclusive jurisdiction to modify
37 the spousal support order throughout the existence of the support obligation.
38 (2) A tribunal of this state may not modify a spousal support order
39 issued by a tribunal of another state having continuing, exclusive jurisdic-
40 tion over that order under the law of that state.
41 (3) A tribunal of this state that has continuing, exclusive jurisdiction
42 over a spousal support order may serve as:
43 (a) An initiating tribunal to request a tribunal of another state to
44 enforce the spousal support order issued in this state; or
45 (b) A responding tribunal to enforce or modify its own spousal support
46 order.
47 SECTION 16. That Section 7-1013, Idaho Code, be, and the same is hereby
48 amended to read as follows:
11
1 7-10136. PROCEEDINGS UNDER THIS CHAPTER. (1) Except as otherwise provided
2 in this chapter, sections 7-10136 through 7-10314, Idaho Code, apply to all
3 proceedings under the provisions of this chapter.
4 (2) This chapter provides for the following proceedings:
5 (a) Establishment of an order for spousal support or child support pursu-
6 ant to section 7-1032, Idaho Code;
7 (b) Enforcement of a support order and income-withholding order of
8 another state without registration pursuant to sections 7-1033 through
9 7-1039, Idaho Code;
10 (c) Registration of an order for spousal support or child support of
11 another state for enforcement pursuant to sections 7-1040 through 7-1053,
12 Idaho Code;
13 (d) Modification of an order for child support or spousal support issued
14 by a tribunal of this state pursuant to sections 7-1006 through 7-1009,
15 Idaho Code;
16 (e) Registration of an order for child support of another state for modi-
17 fication pursuant to sections 7-1040 through 7-1053, Idaho Code;
18 (f) Determination of parentage pursuant to section 7-1054, Idaho Code;
19 and
20 (g) Assertion of jurisdiction over nonresidents pursuant to sections
21 7-1004 and 7-1005, Idaho Code.
22 (3) An individual petitioner or a support enforcement agency may commence
23 initiate a proceeding authorized under this chapter by filing a petition in an
24 initiating tribunal for forwarding to a responding tribunal or by filing a
25 petition or a comparable pleading directly in a tribunal of another state
26 which has or can obtain personal jurisdiction over the respondent.
27 SECTION 17. That Section 7-1014, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 7-10147. ACTION PROCEEDING BY MINOR PARENT. A minor parent, or a guardian
30 or other legal representative of a minor parent, may maintain a proceeding on
31 behalf of or for the benefit of the minor's child.
32 SECTION 18. That Section 7-1015, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 7-10158. APPLICATION OF LAW OF THIS STATE. Except as otherwise provided
35 in this chapter, a responding tribunal of this state shall:
36 (1) Shall aApply the procedural and substantive law, including the rule
37 on choice of law, generally applicable to similar proceedings originating in
38 this state and may exercise all powers and provide all remedies available in
39 those proceedings; and
40 (2) Shall dDetermine the duty of support and the amount payable in accor-
41 dance with the law and support guidelines of this state.
42 SECTION 19. That Section 7-1016, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 7-10169. DUTIES OF INITIATING TRIBUNAL. (1) Upon the filing of a petition
45 authorized in by this chapter, an initiating tribunal of this state shall for-
46 ward three (3) copies of the petition and its accompanying documents:
47 (a) To the responding tribunal or appropriate support enforcement agency
48 in the responding state; or
49 (b) If the identity of the responding tribunal is unknown, to the state
12
1 information agency of the responding state with a request that they be
2 forwarded to the appropriate tribunal and that receipt be acknowledged.
3 (2) If a responding state has not enacted this chapter or a law or proce-
4 dure substantially similar to this chapter requested by the responding tribu-
5 nal, a tribunal of this state may shall issue a certificate or other
6 documents and make findings required by the law of the responding state. If
7 the responding state is a foreign jurisdiction country or political subdivi-
8 sion, upon request the tribunal may shall specify the amount of support
9 sought, convert that amount into the equivalent amount in the foreign currency
10 under applicable official or market exchange rate as publicly reported, and
11 provide any other documents necessary to satisfy the requirements of the
12 responding state.
13 SECTION 20. That Section 7-1017, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 7-101720. DUTIES AND POWERS OF RESPONDING TRIBUNAL. (1) When a responding
16 tribunal of this state receives a petition or comparable pleading from an ini-
17 tiating tribunal or directly pursuant to section 7-10136(32), Idaho Code, it
18 shall cause the petition or pleading to be filed and notify the petitioner
19 where and when it was filed.
20 (2) A responding tribunal of this state, to the extent otherwise autho-
21 rized not prohibited by other law, may do one (1) or more of the following:
22 (a) Issue or enforce a support order, modify a child support order,
23 determine the controlling child support order, or render a judgment to
24 determine parentage;
25 (b) Order an obligor to comply with a support order, specifying the
26 amount and the manner of compliance;
27 (c) Order income withholding;
28 (d) Determine the amount of any arrearages, and specify a method of pay-
29 ment;
30 (e) Enforce orders by civil or criminal contempt, or both;
31 (f) Set aside property for satisfaction of the support order;
32 (g) Place liens and order execution on the obligor's property;
33 (h) Order an obligor to keep the tribunal informed of the obligor's cur-
34 rent residential address, telephone number, employer, address of employ-
35 ment, and telephone number at the place of employment;
36 (i) Issue a bench warrant for an obligor who has failed after proper
37 notice to appear at a hearing ordered by the tribunal and enter the bench
38 warrant in any local and state computer systems for criminal warrants;
39 (j) Order the obligor to seek appropriate employment by specified meth-
40 ods;
41 (k) Award reasonable attorney's fees and other fees and costs; and
42 (l) Grant any other available remedy.
43 (3) A responding tribunal of this state shall include in a support order
44 issued under this chapter, or in the documents accompanying the order, the
45 calculations on which the support order is based.
46 (4) A responding tribunal of this state may not condition the payment of
47 a support order issued under this chapter upon compliance by a party with pro-
48 visions for visitation.
49 (5) If a responding tribunal of this state issues an order under this
50 chapter, the tribunal shall send a copy of the order to the petitioner and
51 the respondent and to the initiating tribunal, if any.
52 (6) If requested to enforce a support order, arrears, or judgment or mod-
53 ify a support order stated in a foreign currency, a responding tribunal of
13
1 this state shall convert the amount stated in the foreign currency to the
2 equivalent amount in dollars under the applicable official or market exchange
3 rate as publicly reported.
4 SECTION 21. That Section 7-1018, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 7-10218. INAPPROPRIATE TRIBUNAL. If a petition or comparable pleading is
7 received by an inappropriate tribunal of this state, it the tribunal shall
8 forward the pleading and accompanying documents to an appropriate tribunal in
9 this state or another state and notify the petitioner where and when the
10 pleading was sent.
11 SECTION 22. That Section 7-1019, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 7-101922. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (1) A support enforcement
14 agency of this state, upon request, shall provide services to a petitioner in
15 a proceeding under the provisions of this chapter.
16 (2) A support enforcement agency of this state that is providing services
17 to the petitioner as appropriate shall:
18 (a) Take all steps necessary to enable an appropriate tribunal in this
19 state or another state to obtain jurisdiction over the respondent;
20 (b) Request an appropriate tribunal to set a date, time and place for a
21 hearing;
22 (c) Make a reasonable effort to obtain all relevant information, includ-
23 ing information as to income and property of the parties;
24 (d) Within two (2) days, exclusive of Saturdays, Sundays, and legal holi-
25 days, after receipt of a written notice in a record from an initiating,
26 responding, or registering tribunal, send a copy of the notice to the
27 petitioner;
28 (e) Within two (2) days, exclusive of Saturdays, Sundays, and legal holi-
29 days, after receipt of a written communication in a record from the
30 respondent or the respondent's attorney, send a copy of the communication
31 to the petitioner; and
32 (f) Notify the petitioner if jurisdiction over the respondent cannot be
33 obtained.
34 (3) A support enforcement agency of this state that requests registration
35 of a child support order in this state for enforcement or for modification
36 shall make reasonable efforts:
37 (a) To ensure that the order to be registered is the controlling order;
38 or
39 (b) If two (2) or more child support orders exist and the identity of the
40 controlling order has not been determined, to ensure that a request for
41 such a determination is made in a tribunal having jurisdiction to do so.
42 (4) A support enforcement agency of this state that requests registration
43 and enforcement of a support order, arrears, or judgment stated in a foreign
44 currency shall convert the amounts stated in the foreign currency into the
45 equivalent amounts in dollars under the applicable official or market exchange
46 rate as publicly reported.
47 (5) A support enforcement agency of this state shall issue or request a
48 tribunal of this state to issue a child support order and an income-
49 withholding order that redirect payment of current support, arrears, and
50 interest if requested to do so by a support enforcement agency of another
51 state pursuant to section 7-1034, Idaho Code.
14
1 (6) This chapter does not create or negate a relationship of attorney and
2 client or other fiduciary relationship between a support enforcement agency or
3 the attorney for the agency and the individual being assisted by the agency.
4 SECTION 23. That Section 7-1020, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 7-10203. DUTY OF ATTORNEY GENERAL. (1) If the attorney general determines
7 that the support enforcement agency is neglecting or refusing to provide ser-
8 vices to an individual, the attorney general may order the agency to perform
9 its duties under this chapter or may provide those services directly to the
10 individual.
11 (2) The attorney general may determine that a foreign country or politi-
12 cal subdivision has established a reciprocal arrangement for child support
13 with this state and take appropriate action for notification of the determina-
14 tion.
15 SECTION 24. That Section 7-1021, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 7-10214. PRIVATE COUNSEL. An individual may employ private counsel to
18 represent the individual in proceedings authorized by this chapter.
19 SECTION 25. That Section 7-1022, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 7-10225. DUTIES OF STATE INFORMATION AGENCY. (1) The central registry in
22 the bureau of child support of the department of health and welfare is the
23 state information agency under this chapter.
24 (2) The state information agency shall:
25 (a) Compile and maintain a current list, including addresses, of the tri-
26 bunals in this state which have jurisdiction under this chapter and any
27 other support enforcement agencies in this state and transmit a copy to
28 the state information agency of every other state;
29 (b) Maintain a register of names and addresses of tribunals and support
30 enforcement agencies received from other states;
31 (c) Forward to the appropriate tribunal in the place county in this state
32 in which the individual obligee who is an individual or the obligor
33 resides, or in which the obligor's property is believed to be located, all
34 documents concerning a proceeding under this chapter received from an
35 initiating tribunal or the state information agency of the initiating
36 state; and
37 (d) Obtain information concerning the location of the obligor and the
38 obligor's property within this state not exempt from execution, by such
39 means as postal verification and federal or state locator services, exami-
40 nation of telephone directories, requests for the obligor's address from
41 employers, and examination of governmental records, including, to the
42 extent not prohibited by other law, those relating to real property, vital
43 statistics, law enforcement, taxation, motor vehicles, driver's licenses,
44 and social security.
45 SECTION 26. That Section 7-1023, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 7-10236. PLEADINGS AND ACCOMPANYING DOCUMENTS. (1) A In a proceeding
15
1 under this chapter, a petitioner seeking to establish or modify a support
2 order, or to determine parentage, in a proceeding under this chapter or to
3 register and modify a support order of another state must verify the file a
4 petition. Unless otherwise ordered under section 7-10247, Idaho Code, the
5 petition or accompanying documents must provide, so far as known, the name,
6 and residential address, and social security numbers of the obligor and the
7 obligee or the parent and alleged parent, and the name, sex, residential
8 address, social security number, and date of birth of each child for whom
9 whose benefit support is sought or whose parentage is to be determined. Unless
10 filed at the time of registration, tThe petition must be accompanied by a cer-
11 tified copy of any support order in effect known to have been issued by
12 another tribunal. The petition may include any other information that may
13 assist in locating or identifying the respondent.
14 (2) The petition must specify the relief sought. The petition and accom-
15 panying documents must conform substantially with the requirements imposed by
16 the forms mandated by federal law for use in cases filed by a support enforce-
17 ment agency.
18 SECTION 27. That Section 7-1024, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 7-10247. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES. Upon
21 a finding, which may be made ex parte, that the health, safety, or liberty of
22 a party or child would be unreasonably put at risk by the disclosure of iden-
23 tifying information, or if an existing order so provides, a tribunal shall
24 order that the address of the child or party or other identifying information
25 not be disclosed in a pleading or other document filed in a proceeding under
26 this chapter If a party alleges in an affidavit or a pleading under oath that
27 the health, safety, or liberty of a party or child would be jeopardized by
28 disclosure of specific identifying information, that information must be
29 sealed and may not be disclosed to the other party or the public. After a
30 hearing in which a tribunal takes into consideration the health, safety, or
31 liberty of the party or child, the tribunal may order disclosure of informa-
32 tion that the tribunal determines to be in the interest of justice.
33 SECTION 28. That Section 7-1025, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 7-10258. COSTS AND FEES. (1) The petitioner may not be required to pay a
36 filing fee or other costs.
37 (2) If an obligee prevails, a responding tribunal may assess against an
38 obligor filing fees, reasonable attorney's fees, other costs, and necessary
39 travel and other reasonable expenses incurred by the obligee and the obligee's
40 witnesses. The tribunal may not assess fees, costs, or expenses against the
41 obligee or the support enforcement agency of either the initiating or the
42 responding state, except as provided by other law. Attorney's fees may be
43 taxed as costs, and may be ordered paid directly to the attorney, who may
44 enforce the order in the attorney's own name. Payment of support owed to the
45 obligee has priority over fees, costs and expenses.
46 (3) The tribunal shall order the payment of costs and reasonable attor-
47 ney's fees if it determines that a hearing was requested primarily for delay.
48 In a proceeding under sections 7-10403 through 7-10537, Idaho Code, a hearing
49 is presumed to have been requested primarily for delay if a registered support
50 order is confirmed or enforced without change.
16
1 SECTION 29. That Section 7-1026, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 7-10269. LIMITED IMMUNITY OF PETITIONER. (1) Participation by a peti-
4 tioner in a proceeding under this chapter before a responding tribunal,
5 whether in person, by private attorney, or through services provided by the
6 support enforcement agency, does not confer personal jurisdiction over the
7 petitioner in another proceeding.
8 (2) A petitioner is not amenable to service of civil process while physi-
9 cally present in this state to participate in a proceeding under this chapter.
10 (3) The immunity granted by this section does not extend to civil litiga-
11 tion based on acts unrelated to a proceeding under this chapter committed by a
12 party while physically present in this state to participate in the proceeding.
13 SECTION 30. That Section 7-1027, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 7-102730. NONPARENTAGE AS DEFENSE. A party whose parentage of a child has
16 been previously determined by or pursuant to law may not plead nonparentage as
17 a defense to a proceeding under this chapter.
18 SECTION 31. That Section 7-1028, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 7-102831. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (1) The physical pres-
21 ence of the petitioner a nonresident party who is an individual in a respond-
22 ing tribunal of this state is not required for the establishment, enforcement,
23 or modification of a support order or the rendition of a judgment determining
24 parentage.
25 (2) A verified petition, An affidavit, a document substantially complying
26 with federally mandated forms, and or a document incorporated by reference in
27 any of them, which would not be excluded under the hearsay rule if given in
28 person, is admissible in evidence if given under oath penalty of perjury by a
29 party or witness residing in another state.
30 (3) A copy of the record of child support payments certified as a true
31 copy of the original by the custodian of the record may be forwarded to a
32 responding tribunal. The copy is evidence of facts asserted in it, and is
33 admissible to show whether payments were made.
34 (4) Copies of bills for testing for parentage, and for prenatal and
35 postnatal health care of the mother and child, furnished to the adverse party
36 at least ten (10) days before trial, are admissible in evidence to prove the
37 amount of the charges billed and that the charges were reasonable, necessary,
38 and customary.
39 (5) Documentary evidence transmitted from another state to a tribunal of
40 this state by telephone, telecopier, or other means that do not provide an
41 original writing record may not be excluded from evidence on an objection
42 based on the means of transmission.
43 (6) In a proceeding under this chapter, a tribunal of this state may
44 shall permit a party or witness residing in another state to be deposed or to
45 testify under penalty of perjury by telephone, audiovisual means, or other
46 electronic means at a designated tribunal or other location in that state. A
47 tribunal of this state shall cooperate with tribunals of other states in des-
48 ignating an appropriate location for the deposition or testimony.
49 (7) If a party called to testify at a civil hearing refuses to answer on
50 the ground that the testimony may be self-incriminating, the trier of fact may
17
1 draw an adverse inference from the refusal.
2 (8) A privilege against disclosure of communications between spouses does
3 not apply in a proceeding under this chapter.
4 (9) The defense of immunity based upon the relationship of husband and
5 wife or parent and child does not apply in a proceeding under this chapter.
6 (10) A voluntary acknowledgment of paternity, certified as a true copy, is
7 admissible to establish parentage of the child.
8 SECTION 32. That Section 7-1029, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-10329. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of this state may
11 communicate with a tribunal of another state or foreign country or political
12 subdivision in writing a record, or by telephone or other means, to obtain
13 information concerning the laws, of that state, the legal effect of a judg-
14 ment, decree, or order of that tribunal, and the status of a proceeding in the
15 other state or foreign country or political subdivision. A tribunal of this
16 state may furnish similar information by similar means to a tribunal of
17 another state or foreign country or political subdivision.
18 SECTION 33. That Section 7-1030, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 7-10303. ASSISTANCE WITH DISCOVERY. A tribunal of this state may:
21 (1) Request a tribunal of another state to assist in obtaining discovery;
22 and
23 (2) Upon request, compel a person over whom it has jurisdiction to
24 respond to a discovery order issued by a tribunal of another state.
25 SECTION 34. That Section 7-1031, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 7-10314. RECEIPT AND DISBURSEMENT OF PAYMENTS. (1) A support enforcement
28 agency or tribunal of this state shall disburse promptly any amounts received
29 pursuant to a support order, as directed by the order. The agency or tribunal
30 shall furnish to a requesting party or tribunal of another state a certified
31 statement by the custodian of the record of the amounts and dates of all pay-
32 ments received.
33 (2) If neither the obligor, nor the obligee who is an individual, nor the
34 child resides in this state, upon request from the support enforcement agency
35 of this state or another state, the support enforcement agency of this state
36 or a tribunal of this state shall:
37 (a) Direct that the support payment be made to the support enforcement
38 agency in the state in which the obligee is receiving services; and
39 (b) Issue and send to the obligor's employer a conforming income-
40 withholding order or an administrative notice of change of payee, reflect-
41 ing the redirected payments.
42 (3) The support enforcement agency of this state receiving redirected
43 payments from another state pursuant to a law similar to subsection (2) of
44 this section shall furnish to a requesting party or tribunal of the other
45 state a certified statement by the custodian of the record of the amount and
46 dates of all payments received.
47 SECTION 35. That Section 7-1032, Idaho Code, be, and the same is hereby
48 amended to read as follows:
18
1 7-10325. PETITION TO ESTABLISH SUPPORT ORDER. (1) If a support order
2 entitled to recognition under this chapter has not been issued, a responding
3 tribunal of this state may issue a support order if:
4 (a) The individual seeking the order resides in another state; or
5 (b) The support enforcement agency seeking the order is located in
6 another state.
7 (2) The tribunal may issue a temporary child support order if the tribu-
8 nal determines that such an order is appropriate and the individual ordered to
9 pay is:
10 (a) The respondent has signed a verified statement acknowledging parent-
11 age A presumed father of the child;
12 (b) The respondent has been determined by or pursuant to law to be the
13 parent Petitioning to have his paternity adjudicated; or
14 (c) There is other clear and convincing evidence that the respondent is
15 the child's parent Identified as the father of the child through genetic
16 testing;
17 (d) An alleged father who has declined to submit to genetic testing;
18 (e) Shown by clear and convincing evidence to be the father of the child;
19 (f) An acknowledged father as provided by applicable state law;
20 (g) The mother of the child; or
21 (h) An individual who has been ordered to pay child support in a previous
22 proceeding and the order has not been reversed or vacated.
23 (3) Upon finding, after notice and opportunity to be heard, that an obli-
24 gor owes a duty of support, the tribunal shall issue a support order directed
25 to the obligor and may issue other orders pursuant to section 7-101720, Idaho
26 Code.
27 SECTION 36. That Section 7-1033, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 7-10336. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
30 An income-withholding order issued in another state may be sent by or on
31 behalf of the obligee, or by the support enforcement agency, to the person or
32 entity defined as the obligor's employer under the provisions of chapter 12,
33 title 732, Idaho Code, without first filing a petition or comparable pleading
34 or registering the order with a tribunal of this state.
35 SECTION 37. That Section 7-1034, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 7-10347. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER
38 STATE. (1) Upon the receipt of the an income-withholding order, the obligor's
39 employer shall immediately provide a copy of the order to the obligor.
40 (2) The employer shall treat an income-withholding order issued in
41 another state which appears regular on its face as if it has had been issued
42 by a tribunal of this state.
43 (3) Except as otherwise provided by in subsection (4) of this section and
44 section 7-10358, Idaho Code, the employer shall withhold and distribute the
45 funds as directed in the withholding order by complying with the terms of the
46 order, as applicable, that which specify:
47 (a) The duration and the amount of periodic payments of current child
48 support, stated as a sum certain;
49 (b) The person or agency designated to receive payments and the address
50 to which the payments are to be forwarded;
51 (c) Medical support, whether in the form of periodic cash payment, stated
19
1 as a sum certain, or ordering the obligor to provide health insurance cov-
2 erage for the child under a policy available through the obligor's employ-
3 ment;
4 (d) The amount of periodic payments of fees and costs for a support
5 enforcement agency, the issuing tribunal, and the obligee's attorney,
6 stated as sums certain; and
7 (e) The amount of periodic payments of arrears arrearages and interest on
8 arrears arrearages, stated as sums certain.
9 (4) The An employer shall comply with the law of the state of the
10 obligor's principal place of employment for withholding from income with
11 respect to:
12 (a) The employer's fee for processing an income-withholding order;
13 (b) The maximum amount permitted to be withheld from the obligor's
14 income; and
15 (c) The time periods within which the employer must implement the with-
16 holding order and forward the child support payment.
17 SECTION 38. That Section 7-1035, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 7-10358. EMPLOYER'S COMPLIANCE WITH MULTIPLE TWO OR MORE INCOME-
20 WITHHOLDING ORDERS. If the an obligor's employer receives multiple two (2) or
21 more income-withholding orders to withhold support from with respect to the
22 earnings of the same obligor, the employer shall be deemed to have satisfied
23 satisfies the terms of the multiple orders if the employer complies with the
24 law of the state of the obligor's principal place of employment to establish
25 the priorities for withholding and allocating income withheld for multiple two
26 (2) or more child support obligees. is complied with.
27 SECTION 39. That Section 7-1036, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 7-10369. IMMUNITY FROM CIVIL LIABILITY. An employer who complies with an
30 income-withholding order issued by in another state in accordance with this
31 article sections 7-1036 through 7-1042, Idaho Code, is not subject to civil
32 liability to any an individual or agency with regard to the employer's with-
33 holding of child support from the obligor's income.
34 SECTION 40. That Section 7-1037, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 7-103740. PENALTIES FOR NONCOMPLIANCE. An employer who willfully fails to
37 comply with an income-withholding order issued by another state and received
38 for enforcement is subject to the same penalties that may be imposed for non-
39 compliance with an order issued by a tribunal of this state.
40 SECTION 41. That Section 7-1038, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 7-103841. CONTEST BY OBLIGOR. (1) An obligor may contest the validity or
43 enforcement of an income-withholding order issued in another state and
44 received directly by an employer in this state by registering the order in a
45 tribunal of this state and filing a contest to that order as provided in sec-
46 tions 7-1043 through 7-1057, Idaho Code, or otherwise contesting the order in
47 the same manner as if the order had been issued by a tribunal of this state.
20
1 Section 7-1043, Idaho Code, applies to the contest.
2 (2) The obligor shall give notice of the contest to:
3 (a) A support enforcement agency providing services to the obligee;
4 (b) Each employer which that has directly received an income-withholding
5 order relating to the obligor; and
6 (c) The person or agency designated to receive payments in the income-
7 withholding order, or, if no person is designated, to the obligee.
8 SECTION 42. That Section 7-1039, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-103942. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (1) A party or support
11 enforcement agency seeking to enforce a support order or an income-withholding
12 order, or both, issued by a tribunal of another state may send the documents
13 required for registering the order to a support enforcement agency of this
14 state.
15 (2) Upon receipt of the documents, the support enforcement agency, with-
16 out initially seeking to register the order, shall consider and, if appropri-
17 ate, use any administrative procedure authorized by the law of this state to
18 enforce a support order or an income-withholding order, or both. If the obli-
19 gor does not contest administrative enforcement, the order need not be regis-
20 tered. If the obligor contests the validity or administrative enforcement of
21 the order, the support enforcement agency shall register the order pursuant to
22 this chapter.
23 SECTION 43. That Section 7-1040, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 7-10403. REGISTRATION OF ORDER FOR ENFORCEMENT. A support order or an
26 income-withholding order issued by a tribunal of another state may be regis-
27 tered in this state for enforcement.
28 SECTION 44. That Section 7-1041, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 7-10414. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order
31 or income-withholding order of another state may be registered in this state
32 by sending the following documents records and information to the district
33 court in this state:
34 (a) A letter of transmittal to the tribunal requesting registration and
35 enforcement;
36 (b) Two (2) copies, including one (1) certified copy, of all the orders
37 to be registered, including any modification of an the order;
38 (c) A sworn statement by the party seeking person requesting registration
39 or a certified statement by the custodian of the records showing the
40 amount of any arrearage;
41 (d) The name of the obligor and, if known:
42 (i) The obligor's address and social security number;
43 (ii) The name and address of the obligor's employer and any other
44 source of income of the obligor; and
45 (iii) A description and the location of property of the obligor in
46 this state not exempt from execution; and
47 (e) Except as otherwise provided in section 7-1027, Idaho Code, tThe name
48 and address of the obligee and, if applicable, the agency or person to
49 whom support payments are to be remitted.
21
1 (2) On receipt of a request for registration, the registering tribunal
2 shall cause the order to be filed as a foreign judgment, together with one (1)
3 copy of the documents and information, regardless of their form.
4 (3) A petition or comparable pleading seeking a remedy that must be
5 affirmatively sought under other law of this state may be filed at the same
6 time as the request for registration or later. The pleading must specify the
7 grounds for the remedy sought.
8 (4) If two (2) or more orders are in effect, the person requesting regis-
9 tration shall:
10 (a) Furnish to the tribunal a copy of every support order asserted to be
11 in effect in addition to the documents specified in this section;
12 (b) Specify the order alleged to be the controlling order, if any; and
13 (c) Specify the amount of consolidated arrears, if any.
14 (5) A request for determination of which is the controlling order may be
15 filed separately or with a request for registration and enforcement or for
16 registration and modification. The person requesting registration shall give
17 notice of the request to each party whose rights may be affected by the deter-
18 mination.
19 SECTION 45. That Section 7-1042, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 7-10425. EFFECT OF REGISTRATION FOR ENFORCEMENT. (1) A support order or
22 income-withholding order issued in another state is registered when the order
23 is filed in the registering tribunal of this state.
24 (2) A registered order issued in another state is enforceable in the same
25 manner and is subject to the same procedures as an order issued by a tribunal
26 of this state.
27 (3) Except as otherwise provided in sections 7-10403 through 7-10537,
28 Idaho Code, a tribunal of this state shall recognize and enforce, but may not
29 modify, a registered order if the issuing tribunal had jurisdiction.
30 SECTION 46. That Section 7-1043, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 7-10436. CHOICE OF LAW. (1) Except as otherwise provided in subsection
33 (4) of this section, tThe law of the issuing state governs:
34 (a) Tthe nature, extent, amount, and duration of current payments and
35 other obligations of support and the under a registered support order;
36 (b) The computation and payment of arrearages and accrual of interest on
37 the arrearages under the support order; and
38 (c) The existence and satisfaction of other obligations under the support
39 order.
40 (2) In a proceeding for arrearages arrears under a registered support
41 order, the statute of limitation under the laws of this state or of the issu-
42 ing state, whichever is longer, applies.
43 (3) A responding tribunal of this state shall apply the procedures and
44 remedies of this state to enforce current support and collect arrears and
45 interest due on a support order of another state registered in this state.
46 (4) After a tribunal of this or another state determines which is the
47 controlling order and issues an order consolidating arrears, if any, a tribu-
48 nal of this state shall prospectively apply the law of the state issuing the
49 controlling order, including its law on interest on arrears, on current and
50 future support, and on consolidated arrears.
22
1 SECTION 47. That Section 7-1044, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 7-10447. NOTICE OF REGISTRATION OF ORDER. (1) When a support order or
4 income-withholding order issued in another state is registered, the register-
5 ing tribunal shall notify the nonregistering party. The notice must be accom-
6 panied by a copy of the registered order and the documents and relevant infor-
7 mation accompanying the order.
8 (2) The A notice must inform the nonregistering party:
9 (a) That a registered order is enforceable as of the date of registration
10 in the same manner as an order issued by a tribunal of this state;
11 (b) That a hearing to contest the validity or enforcement of the regis-
12 tered order must be requested within twenty (20) days after the date of
13 mailing or personal service of the notice;
14 (c) That failure to contest the validity or enforcement of the registered
15 order in a timely manner will result in confirmation of the order and
16 enforcement of the order and the alleged arrearages; and precludes further
17 contest of that order with respect to any matter that could have been
18 asserted; and
19 (d) Of the amount of any alleged arrearages.
20 (3) If the registering party asserts that two (2) or more orders are in
21 effect, a notice must also:
22 (a) Identify the two (2) or more orders and the order alleged by the reg-
23 istering person to be the controlling order and the consolidated arrears,
24 if any;
25 (b) Notify the nonregistering party of the right to a determination of
26 which is the controlling order;
27 (c) State that the procedures provided in subsection (2) of this section
28 apply to the determination of which is the controlling order; and
29 (d) State that failure to contest the validity or enforcement of the
30 order alleged to be the controlling order in a timely manner may result in
31 confirmation that the order is the controlling order.
32 (4) Upon registration of an income-withholding order for enforcement, the
33 registering tribunal shall notify the obligor's employer pursuant to the pro-
34 visions of chapter 12, title 732, Idaho Code.
35 SECTION 48. That Section 7-1045, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 7-10458. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED
38 ORDER. (1) A nonregistering party seeking to contest the validity or enforce-
39 ment of a registered order in this state shall request a hearing within twenty
40 (20) days after the date of mailing or personal service of notice of the reg-
41 istration. The nonregistering party may seek to vacate the registration, to
42 assert any defense to an allegation of noncompliance with the registered
43 order, or to contest the remedies being sought or the amount of any alleged
44 arrearages pursuant to section 7-10469, Idaho Code.
45 (2) If the nonregistering party fails to contest the validity or enforce-
46 ment of the registered order in a timely manner, the order is confirmed by
47 operation of law.
48 (3) If a nonregistering party requests a hearing to contest the validity
49 or enforcement of a the registered order, the registering tribunal shall
50 schedule the matter for hearing and give notice to the parties of the date,
51 time, and place of the hearing.
23
1 SECTION 49. That Section 7-1046, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 7-10469. CONTEST OF REGISTRATION OR ENFORCEMENT. (1) A party contesting
4 the validity or enforcement of a registered order or seeking to vacate the
5 registration has the burden of proving one (1) or more of the following
6 defenses:
7 (a) The issuing tribunal lacked personal jurisdiction over the contesting
8 party;
9 (b) The order was obtained by fraud;
10 (c) The order has been vacated, suspended, or modified by a later order;
11 (d) The issuing tribunal has stayed the order pending appeal;
12 (e) There is a defense under the law of this state to the remedy sought;
13 (f) Full or partial payment has been made; or
14 (g) The statute of limitation under section 7-10436, Idaho Code, pre-
15 cludes enforcement of some or all of the alleged arrearages; or
16 (h) The alleged controlling order is not the controlling order.
17 (2) If a party presents evidence establishing a full or partial defense
18 under subsection (1) of this section, a tribunal may stay enforcement of the
19 registered order, continue the proceeding to permit production of additional
20 relevant evidence, and issue other appropriate orders. An uncontested portion
21 of the registered order may be enforced by all remedies available under the
22 law of this state.
23 (3) If the contesting party does not establish a defense under subsection
24 (1) of this section to the validity or enforcement of the order, the register-
25 ing tribunal shall issue an order confirming the order.
26 SECTION 50. That Section 7-1047, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 7-104750. CONFIRMED ORDER. Confirmation of a registered order, whether by
29 operation of law or after notice and hearing, precludes further contest of the
30 order with respect to any matter that could have been asserted at the time of
31 registration.
32 SECTION 51. That Section 7-1048, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 7-104851. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR
35 MODIFICATION. A party or support enforcement agency seeking to modify, or to
36 modify and enforce, a child support order issued in another state shall regis-
37 ter the that order in this state in the same manner provided in sections
38 7-10403 through 7-105346, Idaho Code, if the order has not been registered. A
39 petition for modification may be filed at the same time as a request for reg-
40 istration, or later. The pleading must specify the grounds for modification.
41 SECTION 52. That Section 7-1049, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 7-104952. EFFECT OF REGISTRATION FOR MODIFICATION. A tribunal of this
44 state may enforce a child support order of another state registered for pur-
45 poses of modification, in the same manner as if the order had been issued by a
46 tribunal of this state, but the registered order may be modified only if the
47 requirements of section 7-10503, 7-1055 or 7-1057, Idaho Code, have been met.
24
1 SECTION 53. That Section 7-1050, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 7-10503. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (1) After
4 If section 7-1055, Idaho Code, does not apply, except as otherwise provided in
5 section 7-1057, Idaho Code, upon petition a tribunal of this state may modify
6 a child support order issued in another state has been which is registered in
7 this state, unless the provisions of section 7-1052, Idaho Code, apply, the
8 responding tribunal of this state may modify that order only if, after notice
9 and hearing, it the tribunal finds that:
10 (a) The following requirements are met:
11 (i) Neither tThe child, nor the individual obligee who is an indi-
12 vidual, and nor the obligor do not resides in the issuing state;
13 (ii) A petitioner who is a nonresident of the this state seeks modi-
14 fication; and
15 (iii) The respondent is subject to the personal jurisdiction of the
16 tribunal of this state; or
17 (b) An individual party or This state is the state of residence of the
18 child, or a party who is an individual is subject to the personal juris-
19 diction of the tribunal of this state, and all of the individual parties
20 who are individuals have filed a written consents in a record in the issu-
21 ing tribunal providing that for a tribunal of this state may to modify the
22 support order and assume continuing, exclusive jurisdiction. over the
23 order. However, if the issuing state is a foreign jurisdiction which has
24 not enacted this chapter, the written consent of the individual party
25 residing in this state is not required for the tribunal to assume juris-
26 diction to modify the child support order.
27 (2) Modification of a registered child support order is subject to the
28 same requirements, procedures, and defenses that apply to the modification of
29 an order issued by a tribunal of this state and the order may be enforced and
30 satisfied in the same manner.
31 (3) A Except as otherwise provided in section 7-1057, Idaho Code, a tri-
32 bunal of this state may not modify any aspect of a child support order that
33 may not be modified under the law of the issuing state, including the duration
34 of the obligation to support. If two (2) or more tribunals have issued child
35 support orders for the same obligor and same child, the order that is control-
36 ling controls and must be so recognized under the provisions of section
37 7-10101, Idaho Code, establishes the nonmodifiable aspects of the support
38 order which are nonmodifiable.
39 (4) In a proceeding to modify a child support order, the law of the state
40 that is determined to have issued the initial controlling order governs the
41 duration of the obligation of support. The obligor's fulfillment of the duty
42 of support established by that order precludes imposition of a further obliga-
43 tion of support by a tribunal of this state.
44 (5) On the issuance of an order by a tribunal of this state modifying a
45 child support order issued in another state, a the tribunal of this state
46 becomes the tribunal of having continuing, exclusive jurisdiction.
47 SECTION 54. That Section 7-1051, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 7-10514. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. A If a child
50 support order issued by a tribunal of this state shall recognize a modifica-
51 tion of its earlier child support order is modified by a tribunal of another
52 state which assumed jurisdiction pursuant to this chapter the uniform inter-
25
1 state family support act, or a law substantially similar to this chapter and,
2 upon request, except as otherwise provided in this chapter, shall a tribunal
3 of this state:
4 (1) May eEnforce the its order that was modified only as to amounts
5 arrears and interest accruing before the modification;
6 (2) Enforce only nonmodifiable aspects of that order;
7 (3) May pProvide other appropriate relief only for violations of that
8 its order which occurred before the effective date of the modification; and
9 (43) Shall rRecognize the modifying order of the other state, upon regis-
10 tration, for the purpose of enforcement.
11 SECTION 55. That Section 7-1052, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 7-10525. JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDI-
14 VIDUAL PARTIES RESIDE IN THIS STATE. (1) If all of the individual parties who
15 are individuals reside in this state and the child does not reside in the
16 issuing state, a tribunal of this state has jurisdiction to enforce and to
17 modify the issuing state's child support order in a proceeding to register
18 that order.
19 (2) A tribunal of this state exercising jurisdiction as provided in under
20 this section shall apply the provisions of sections 7-1001 through 7-10125 and
21 sections 7-1043 through 7-1057, Idaho Code, and this section and the proce-
22 dural and substantive law of this state to the proceeding for enforcement or
23 modification. proceeding. Sections 7-10136 through 7-103942, Idaho Code, and
24 sections 7-10548 through 7-10560, Idaho Code, do not apply. and the tribunal
25 shall apply the procedural and substantive law of this state.
26 SECTION 56. That Section 7-1053, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 7-10536. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. Within thirty (30)
29 days after issuance of a modified child support order, the party obtaining the
30 modification shall file a certified copy of the order with the issuing tribu-
31 nal which that had continuing, exclusive jurisdiction over the earlier order
32 and in each tribunal in which the party knows that the earlier order has been
33 registered. Failure of the A party obtaining who obtains the order and fails
34 to file a certified copy as required subjects that party is subject to appro-
35 priate sanctions by a tribunal in which the issue of failure to file arises.,
36 but that The failure has no effect on to file does not affect the validity or
37 enforceability of the modified order of the new tribunal of having continuing,
38 exclusive jurisdiction.
39 SECTION 57. That Chapter 10, Title 7, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 7-1057, Idaho Code, and to read as follows:
42 7-1057. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY OR
43 POLITICAL SUBDIVISION. (1) If a foreign country or political subdivision that
44 is a state will not or may not modify its order pursuant to its laws, a tribu-
45 nal of this state may assume jurisdiction to modify the child support order
46 and bind all individuals subject to the personal jurisdiction of the tribunal
47 whether or not the consent to modification of a child support order otherwise
48 required of the individual pursuant to section 7-1053, Idaho Code, has been
49 given or whether the individual seeking modification is a resident of this
26
1 state or of the foreign country or political subdivision.
2 (2) An order issued pursuant to this section is the controlling order.
3 SECTION 58. That Section 7-1054, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 7-10548. PROCEEDING TO DETERMINE PARENTAGE. (1) A tribunal court of this
6 state authorized to determine parentage of a child may serve as an initiating
7 or a responding tribunal in a proceeding to determine parentage brought under
8 this chapter or a law or procedure substantially similar to this chapter., or
9 under a law or procedure substantially similar to the uniform reciprocal
10 enforcement of support act, or the revised uniform reciprocal enforcement of
11 support act to determine that the petitioner is a parent of a particular child
12 or to determine that a respondent is a parent of that child.
13 (2) In a proceeding to determine parentage, a responding tribunal of this
14 state shall apply the provisions of chapter 11, title 7, Idaho Code, and the
15 rules of this state on choice of law.
16 SECTION 59. That Section 7-1055, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 7-10559. GROUNDS FOR RENDITION. (1) For purposes of sections 7-10559 and
19 7-10560, Idaho Code, "governor" includes an individual performing the func-
20 tions of governor or the executive authority of a state covered by this chap-
21 ter.
22 (2) The governor of this state may:
23 (a) Demand that the governor of another state surrender an individual
24 found in the other state who is charged criminally in this state with hav-
25 ing failed to provide for the support of an obligee; or
26 (b) On the demand by of the governor of another state, surrender an indi-
27 vidual found in this state who is charged criminally in the other state
28 with having failed to provide for the support of an obligee.
29 (3) A provision for extradition of individuals not inconsistent with this
30 chapter applies to the demand even if the individual whose surrender is
31 demanded was not in the demanding state when the crime was allegedly committed
32 and has not fled therefrom.
33 SECTION 60. That Section 7-1056, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 7-10560. CONDITIONS OF RENDITION. (1) Before making a demand that the
36 governor of another state surrender an individual charged criminally in this
37 state with having failed to provide for the support of an obligee, the gover-
38 nor of this state may require a prosecutor of this state to demonstrate that
39 at least sixty (60) days previously the obligee had initiated proceedings for
40 support pursuant to this chapter or that the proceeding would be of no avail.
41 (2) If, under this chapter or a law substantially similar to this chap-
42 ter, the uniform reciprocal enforcement of support act, or the revised uniform
43 reciprocal enforcement of support act, the governor of another state makes a
44 demand that the governor of this state surrender an individual charged crimi-
45 nally in that state with having failed to provide for the support of a child
46 or other individual to whom a duty of support is owed, the governor may
47 require a prosecutor to investigate the demand and report whether a proceed-
48 ing for support has been initiated or would be effective. If it appears that a
49 proceeding would be effective but has not been initiated, the governor may
27
1 delay honoring the demand for a reasonable time to permit the initiation of a
2 proceeding.
3 (3) If a proceeding for support has been initiated and the individual
4 whose rendition is demanded prevails, the governor may decline to honor the
5 demand. If the petitioner prevails and the individual whose rendition is
6 demanded is subject to a support order, the governor may decline to honor the
7 demand if the individual is complying with the support order.
8 SECTION 61. That Section 7-1057, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-105761. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This In applying
11 and construing this chapter shall be applied and construed to effectuate its
12 general purpose to make uniform consideration must be given to the need to
13 promote uniformity of the law with respect to the its subject of this chapter
14 matter among the states enacting that enact it.
15 SECTION 62. That Section 7-1059, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 7-105962. SEVERABILITY. If any provision of this chapter or its applica-
18 tion to any person or circumstance is held invalid, the invalidity does not
19 affect other provisions or applications of this chapter which can be given
20 effect without the invalid provision or application, and to this end the pro-
21 visions of this chapter are severable.
22 SECTION 63. This act shall be in full force and effect on and after July
23 1, 2007.
STATEMENT OF PURPOSE
RS 15717
The Uniform Interstate Family Support Act limits child and family
support orders to a single state, eliminating interstate jurisdictional
disputes. Amendments were added in 2001 by the National Conference of
Commissioners on Uniform State Laws to clarify many of the provisions
of the Act, increasing its usefulness.
FISCAL NOTE
There will be no impact on the state s general fund.
Contact
Name: Senator Bart M. Davis
Phone: 208.332.1305
Dale G. Higer, Uniform Law Commissioner
208.345.1432
STATEMENT OF PURPOSE/FISCAL NOTE S 1332