TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 11

PROCEEDINGS TO ESTABLISH PATERNITY

7-1121.  Order for support — Continuance beyond age of 18 — Other payments by father. (1) In a proceeding in which the court has made an order of filiation, the court may direct a father possessed of sufficient means or able to earn such means to pay monthly or at other fixed periods a fair and reasonable sum for the support and education of the child until the child is eighteen (18) years of age. If the child continues his high school education subsequent to reaching the age of eighteen (18) years, the court may, in its discretion, order the continuation of support payments until the child discontinues his high school education or reaches the age of nineteen (19) years, whichever is sooner.

(2)  The order of filiation may direct the father to pay or reimburse amounts paid for the support of the child prior to the date of the order of filiation and may also direct him to pay or reimburse amounts paid for: (a) the funeral expenses if the child has died; (b) the necessary expenses incurred by or for the mother in connection with her confinement and recovery; and (c) such expenses in connection with the pregnancy of the mother as the court may deem proper.

(3)  If the father is a minor at the time the order is entered, the order shall continue in effect as a valid order after the father reaches majority, and cannot be disaffirmed by the minor himself or personal representatives.

(4)  Upon the receipt of a genetic test result with a probability of paternity of at least ninety-eight percent (98%) the court shall, upon motion by a party, order temporary support for the child pending a final order of paternity and support. The support shall be in accordance with the Idaho child support guidelines.

(5)   All child support orders shall notify the obligor that the order will be enforced by income withholding pursuant to chapter 12, title 32, Idaho Code. Failure to include this provision does not affect the validity of the support order. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.

History:

[7-1121, added 1969, ch. 93, sec. 20, p. 318; am. 1986, ch. 222, sec. 6, p. 606; am. 1988, ch. 132, sec. 4, p. 236; am. 1990, ch. 361, sec. 2, p. 975; am. 1990, ch. 410, sec. 2, p. 1138; am. 1996, ch. 49, sec. 3, p. 146; am. 1997, ch. 197, sec. 1, p. 555; am. 1998, ch. 292, sec. 2, p. 930.]