TITLE 32

DOMESTIC RELATIONS

CHAPTER 12

MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT

32-1211.  Penalties for employers. (1) An employer may not discharge, discipline, or refuse to employ an obligor on the basis of an income withholding order issued under this chapter. If an employer discharges, disciplines, or refuses to employ an obligor because of an income withholding obligation, the obligor shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and other damages suffered as a result of the violation and for costs and reasonable attorney’s fees, and may be subject to a civil penalty of up to three hundred dollars ($300) for each violation. In addition, the employer may also be ordered to hire, rehire, or reinstate the aggrieved obligor.

(2)  An employer who knowingly fails to retain and remit to the department an amount pursuant to the income withholding order shall be liable to the department for the amount to be retained specified in the income withholding order and may be subject to a fine of up to one hundred dollars ($100), which is a debt due and owing to the department unless:

(a)  The employer notifies the department that the obligor is not in his employ and the department verifies the obligor’s nonemployment and withdraws its income withholding order; or

(b)  The obligor’s income is not sufficient and therefore the restrictions in section 11-207, Idaho Code, apply and a lesser amount must be withheld.

(3)  No employer who complies with an income withholding order that is regular on its face shall be subject to civil liability to any individual or agency for conduct in compliance with the income withholding order.

History:

[32-1211, added 1998, ch. 292, sec. 15, p. 944.]