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S1185................................................by JUDICIARY AND RULES
INTERSTATE FAMILY SUPPORT ACT - Amends existing law relating to the
Interstate Family Support Act to revise the information required to be
provided with certain petitions; and to revise the information sent to the
district court to register certain orders of another state.
03/01 Senate intro - 1st rdg - to printing
03/02 Rpt prt - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Hill
Title apvd - to House
03/09 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews,
McGeachin, 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, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Thayn
Floor Sponsor - Wills
Title apvd - to Senate
03/23 To enrol
03/26 Rpt enrol - Pres signed - Sp signed - To Governor
03/30 Governor signed
Session Law Chapter 320
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1185
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; AMENDING SECTION
3 7-1026, IDAHO CODE, TO REVISE THE INFORMATION REQUIRED TO BE PROVIDED WITH
4 CERTAIN PETITIONS; AND AMENDING SECTION 7-1044, IDAHO CODE, TO REVISE THE
5 INFORMATION SENT TO THE DISTRICT COURT TO REGISTER CERTAIN ORDERS OF
6 ANOTHER STATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 7-1026, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 7-1026. PLEADINGS AND ACCOMPANYING DOCUMENTS. (1) In a proceeding under
11 this chapter, a petitioner seeking to establish a support order, to determine
12 parentage, or to register and modify a support order of another state must
13 file a petition. Unless otherwise ordered under section 7-1027, Idaho Code,
14 the petition or accompanying documents must provide, so far as known, the
15 name, and residential address and social security number of the obligor and
16 the obligee or the parent and alleged parent, and the name, sex, residential
17 address, social security number and date of birth of each child for whose ben-
18 efit support is sought or whose parentage is to be determined. Unless filed at
19 the time of registration, the petition must be accompanied by a copy of any
20 support order known to have been issued by another tribunal. The petition may
21 include any other information that may assist in locating or identifying the
22 respondent.
23 (2) The petition must specify the relief sought. The petition and accom-
24 panying documents must conform substantially with the requirements imposed by
25 the forms mandated by federal law for use in cases filed by a support enforce-
26 ment agency.
27 SECTION 2. That Section 7-1044, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 7-1044. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order
30 or income-withholding order of another state may be registered in this state
31 by sending the following records and information to the district court in this
32 state:
33 (a) A letter of transmittal to the tribunal requesting registration and
34 enforcement;
35 (b) Two (2) copies, including one (1) certified copy, of the order to be
36 registered, including any modification of the order;
37 (c) A sworn statement by the person requesting registration or a certi-
38 fied statement by the custodian of the records showing the amount of any
39 arrearage;
40 (d) The name of the obligor and, if known:
41 (i) The obligor's address and social security number;
2
1 (ii) The name and address of the obligor's employer and any other
2 source of income of the obligor; and
3 (iii) A description and the location of property of the obligor in
4 this state not exempt from execution; and
5 (e) Except as otherwise provided in section 7-1027, Idaho Code, the name
6 and address of the obligee and, if applicable, the person to whom support
7 payments are to be remitted.
8 (2) On receipt of a request for registration, the registering tribunal
9 shall cause the order to be filed as a foreign judgment, together with one (1)
10 copy of the documents and information, regardless of their form.
11 (3) A petition or comparable pleading seeking a remedy that must be
12 affirmatively sought under other law of this state may be filed at the same
13 time as the request for registration or later. The pleading must specify the
14 grounds for the remedy sought.
15 (4) If two (2) or more orders are in effect, the person requesting regis-
16 tration shall:
17 (a) Furnish to the tribunal a copy of every support order asserted to be
18 in effect in addition to the documents specified in this section;
19 (b) Specify the order alleged to be the controlling order, if any; and
20 (c) Specify the amount of consolidated arrears, if any.
21 (5) A request for determination of which is the controlling order may be
22 filed separately or with a request for registration and enforcement or for
23 registration and modification. The person requesting registration shall give
24 notice of the request to each party whose rights may be affected by the deter-
25 mination.
STATEMENT OF PURPOSE
RS 17133
This legislation will add language to Section 7-1026 and 7-1044
of the Idaho Code (UIFSA 2001) requiring social security numbers
be identified on the initiating documents used to establish or
register court orders for child and/or medical support.
In order to enact the UIFSA 2001 legislation we must have a
federal waiver from the Federal Office of Child Support
Enforcement. Without this amendment to the language in the
legislation the request for waiver has been denied. By adding
the language we will continue to comply with the federal
requirement and can be granted the waiver which will put us in
compliance with the Social Security Act and the Idaho State Child
Support Plan.
FISCAL NOTE
By adding the language to the legislation there is no fiscal
impact. Without the addition of the language to the legislation
we risk federal penalties and jeopardize the TANF grant.
Contact
Name: Bill Walker, Department of Health & Welfare
Phone: 334-5506
STATEMENT OF PURPOSE/FISCAL NOTE S 1185