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S1008................................................by JUDICIARY AND RULES
CHILD SUPPORT - Amends existing law relating to mandatory income
withholding for child support to remove language referencing withheld
income based upon a delinquency.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/22 Rpt out - rec d/p - to 2nd rdg
01/23 2nd rdg - to 3rd rdg
01/24 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Langhorst, Little, Lodge, Malepeai,
McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, Jorgenson, Keough
Floor Sponsor - McKague
Title apvd - to House
01/25 House intro - 1st rdg - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 67-1-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Loertscher
Absent and excused -- Edmunson, McGeachin
Floor Sponsor - Luker
Title apvd - to Senate
02/06 To enrol
02/07 Rpt enrol - Pres signed
02/08 Sp signed
02/09 To Governor
02/12 Governor signed
Session Law Chapter 2
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1008
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT; AMENDING SECTION
3 32-1215, IDAHO CODE, TO REMOVE LANGUAGE REFERENCING WITHHELD INCOME BASED
4 UPON A DELINQUENCY; AND AMENDING SECTION 32-1217, IDAHO CODE, TO PROVIDE
5 CORRECT TERMINOLOGY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 32-1215, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 32-1215. TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR'S REQUEST. (1) An
10 obligor whose income is subject to withholding upon a delinquency under this
11 chapter may request a hearing to quash, modify, or terminate the withholding,
12 by filing a motion requesting such relief before the court which issued the
13 income withholding order. A copy of the motion and a notice of hearing shall
14 be served upon the obligee at least five (5) days before the date set for the
15 hearing, by personal service or certified mail, pursuant to the Idaho rules of
16 civil procedure.
17 (2) In a hearing to quash, modify, or terminate the income withholding
18 order, the court may grant relief only upon a showing by the obligor that
19 there is a substantial probability that the obligor would suffer irreparable
20 injury and that the obligee would not suffer irreparable injury. Satisfaction
21 by the obligor of any delinquency subsequent to the issuance of the income
22 withholding order is not grounds to quash, modify, or terminate the income
23 withholding order.
24 (3) If an income withholding order has been in operation for twelve (12)
25 consecutive months and the obligor's support obligation is current, the court
26 may terminate the order upon motion of the obligor, unless the obligee can
27 show good cause as to why the income withholding order should remain in
28 effect.
29 (4) No order to quash, modify, or terminate an income withholding order
30 shall be issued unless the obligor provides proof to the court that the obli-
31 gee has been served with a copy of the motion and notice for hearing five (5)
32 days prior to the hearing, or that service is impossible because the obligee
33 has moved and failed to provide the court with a current address, as required
34 by section 32-1212, Idaho Code.
35 SECTION 2. That Section 32-1217, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 32-1217. TERMINATION OF INCOME WITHHOLDING BY THE COURT IN A JUDICIAL
38 PROCEEDING. If the clerk department is unable to deliver payments under the
39 income withholding order for a period of three (3) months due to the failure
40 of the obligee to notify the clerk department of a change of address, the
41 court shall terminate the income withholding order, and shall mail a copy of
2
1 the termination order to the employer and to the obligor. The court shall
2 return all undeliverable payments to the obligor.
STATEMENT OF PURPOSE
RS 16584
This bill is one of a series of bills that the Supreme
Court has recommended in its annual report to the Governor
concerning defects or omissions in the laws, as required
under article V, section 25 of the Idaho Constitution. It
would clarify and correct the language of statutes
concerning income withholding for child support. The
amendment to Idaho Code 32-1215 would make it clear that a
court has the authority to amend not only administrative
orders pertaining to delinquencies in child support, but
also the authority to amend the court's own child support
orders. Idaho Code 32-1217 refers to the delivery of
child support payments by the clerk. Such payments are
actually delivered through the Department of Health and
Welfare's Child Support Receipting Services. The amendment
would change the wording to reflect this.
FISCAL NOTE
This bill would have no impact on the general fund.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246 S 1008