TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 10

UNIFORM INTERSTATE FAMILY SUPPORT ACT

7-1062.  INITIATION BY department of health and welfare OF SUPPORT PROCEEDING UNDER CONVENTION. (1) In a support proceeding under sections 7-1059 through 7-1071, Idaho Code, the department of health and welfare shall:

(a)  Transmit and receive applications; and

(b)  Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2)  The following support proceedings are available to an obligee under the convention:

(a)  Recognition or recognition and enforcement of a foreign support order;

(b)  Enforcement of a support order issued or recognized in this state;

(c)  Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d)  Establishment of a support order if recognition of a foreign support order is refused under section 7-1066(2)(b), (d) or (i), Idaho Code;

(e)  Modification of a support order of a tribunal of this state; and

(f)  Modification of a support order of a tribunal of another state or a foreign country.

(3)  The following support proceedings are available under the convention to an obligor against which there is an existing support order:

(a)  Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(b)  Modification of a support order of a tribunal of this state; and

(c)  Modification of a support order of a tribunal of another state or a foreign country.

(4)  A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

History:

[7-1062, added 2015, 1st E.S., ch. 1, sec. 50, p. 26.]