Support payments paid to the department of health and welfare.
A. Effective October 1, 1998, all payments for child support ordered pursuant to any decree of divorce or other order for support shall be paid, unless otherwise ordered by the court, to the department of health and welfare. The department shall keep a record of payments made under said order or decree and shall, within two (2) business days of receipt of such payment, transmit said payments to the person or persons entitled thereto by virtue of said order or decree. Whenever a child is in the physical care of a person or entity other than its parents and the department of health and welfare is providing child support services under title IV-D of the social security act, the department may, after written notice to the obligor and obligee and the opportunity for hearing set forth in paragraphs 1. through 3. of this subsection transmit payments under an order of support for said child to the person or entity who has physical care of said child, without further order of the court, whether or not such person or entity is the obligee under the support order.
1. The department shall send notice of its intent to transmit child support payments to the person or entity who has physical care of the child by registered or certified mail to the last known address of the obligor and obligee under an order for support of the child.
2. The obligor and obligee may file a written objection to the transmittal of child support payments with a court of proper jurisdiction within fourteen (14) days from the date the notice of transmittal is mailed. A copy of the written objection shall be sent to the department of health and welfare.
3. After hearing in a court of proper jurisdiction and entry of an order, or if no written objection is made by the obligor or obligee, the department may transmit the payments under an order of support for the child to the person or entity who has physical care of the child.
B. Any person entitled to receive child support payments pursuant to any decree of divorce or other order for support may make application for enforcement services to the department of health and welfare as provided in section 56-203A, Idaho Code, when child support is not being paid as ordered. C. All child support orders shall provide 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 or decree. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.
Notes of Decisions
Cited in
6
cases, 1975–2004 · leading case:
Ziegler v. Ziegler, 691 P.2d 773 (Idaho Ct. App. 1985).
Ziegler v. Ziegler, 691 P.2d 773 (Idaho Ct. App. 1985).
· cites it 4× “Moreover, because the purpose of I.C. § 32-710A, providing for support payments to be made through the court clerk, is to facilitate enforcement for the benefit of the obligee, we hold that any error by the constable in remitting directly to the obligee's agent in this case is…”
State, Dept. of Health & Welfare v. Housel, 90 P.3d 321 (Idaho 2004).
· cites it 2× “§ 32-706 (“Child support”); I.C. § 32-710A (“Support payments paid to clerk or the department of health and welfare-Prosecuting attorney to enforce payments”); I.”
McGrew v. McGrew, 82 P.3d 833 (Idaho 2003).
“Although those payments are paid to the Department, IDAHO CODE § 32-710A (2003 Supp.), the records of those payments maintained by the Department are not conclusive.”
Nomer v. Kossman, 606 P.2d 1002 (Idaho 1980).
· cites it 8× “In an opinion explaining its holding, the district court first noted the apparently irreconcilable differences between I.C. § 32-710A and the provisions of URESA (particularly I.”
White v. Marty, 540 P.2d 270 (Idaho 1975).
· cites it 2× “rmination of parent-child relationship pursuant to Chapter 20, Title 16, Idaho Code, aDd all habeas corpus proceedings; (c) All proceedings for divorce, separate maintenance or annulment, including orders to show cause, hearings and issuance of restraining orders; and including…”
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