TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 10

UNIFORM INTERSTATE FAMILY SUPPORT ACT

7-1022.  Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(2)  A support enforcement agency of this state that is providing services to the petitioner shall:

(a)  Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent;

(b)  Request an appropriate tribunal to set a date, time and place for a hearing;

(c)  Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(d)  Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(e)  Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and

(f)  Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(3)  A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:

(a)  To ensure that the order to be registered is the controlling order; or

(b)  If two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(4)  A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(5)  A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to section 7-1034, Idaho Code.

(6)  This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

History:

[(7-1022) 7-1019, added 1994, ch. 207, sec. 2, p. 647; am. 1997, ch. 198, sec. 10, p. 563; am. and redesig. 2006, ch. 252, sec. 22, p. 775; am. 2015, 1st E.S., ch. 1, sec. 18, p. 15.]