TITLE 8

PROVISIONAL REMEDIES IN CIVIL ACTIONS

CHAPTER 7

DEPOSIT IN COURT

8-705.  Wage assignment for support and care of delinquent child. In any proceeding where the court has ordered a parent or custodian to pay any amount for the care, support or maintenance of a child adjudged to be within the purview of chapter 5, title 20, Idaho Code, and through the adjudication has rendered a liability upon the parent or custodian to pay damages or to pay for the child’s support and care, the following procedure may be utilized for collection. The court may order the parent or custodian to assign a sum as the court may determine to be equitable or as may otherwise be provided by statute or contract to the county clerk, probation officer or other office of the court or county officer designated by the court to receive such payment. The assignment shall be that portion of salary or wages of the parent or custodian the court deems would be due in the future to apply on the amount ordered by the court for the care, support or maintenance of the delinquent child or for breach of contract caused by the child’s delinquency. The order shall be binding upon an employer and until further order of the court. Any such order may be modified or revoked at any time by the court. Any such assignment made pursuant to court order shall have priority as against any attachment, execution or other assignment, unless otherwise ordered by the court. All sums collected pursuant to the provisions of this section shall be remitted as may be provided by law.

History:

[8-705, added 1989, ch. 155, sec. 15, p. 395; am. 2004, ch. 23, sec. 1, p. 26; am. 2012, ch. 257, sec. 1, p. 709.]