Authority of department to enforce child support — Support enforcement services.
(1) Whenever the department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the department that said child has been abandoned by its parents, or that the child and one (1) parent have been abandoned by the other parent, or that the parent or other person who has a responsibility for the care, support or maintenance of such child has failed or neglected to give proper care or support to such child, the department shall take appropriate action under the provisions of this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state to ensure that such parent or other person responsible shall pay for the care, support or maintenance of said dependent child.
(2) The department may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take action as it deems appropriate to establish, modify or enforce support obligations against persons owing a duty to pay support. Action to establish support obligations may be taken under the abandonment or nonsupport statutes or other appropriate statutes of this state.
(3) The department shall maintain a state case registry that contains records of each case in which enforcement services are being provided under this section and each child support order established or modified in the state from and after that date. The department shall collect and disburse payments for all support orders related to cases for which services are provided under this section and each child support order established or modified after January 1, 1994, that is subject to income withholding orders.
Notes of Decisions
State, Dept. of Health & Welfare v. Housel, 90 P.3d 321 (Idaho 2004).
· cites it 23× “I.C. § 56-203A authorizes the Department to bring an action to establish, modify or enforce child support obligations in cases of abandonment or nonsupport.”
Lohman v. Flynn, 78 P.3d 379 (Idaho 2003).
· cites it 6× “” This Court holds that I.C. § 56-203A appears broad enough to allow for Loh-man to request the state to pursue her reimbursement claim in the paternity and child support action.”
Henderson v. Smith, 915 P.2d 6 (Idaho 1996).
· cites it 2× “§ 56-203C(6), the State is authorized to appear on behalf of a minor child to obtain support necessary to provide for the child’s needs or to enforce any support order, regardless of whether the child receives public assistance. The State is also required to take “appropriate…”
State, Dep't of Health & Welfare Ex Rel. Bowler v. Bowler, 782 P.2d 63 (Idaho Ct. App. 1989).
· cites it 7× “Under these sections, Sheila argues that the Department could not obtain reimbursement unless it proved, inter alia, George’s eligibility to receive the public assistance furnished to him for the children.”
State, Dep't of Health & Welfare Ex Rel. Gage v. Engelbert, 753 P.2d 825 (Idaho 1988).
· cites it 2× “Specifically, the authority for the Department to enforce child support is found in I.C. § 56-203A; and, further, the Department is subrogated to the rights of the child, in order that it may be reimbursed for child support, as provided in I.”
Veenstra v. Dept. of H&W (Idaho Ct. App. 2014).
· cites it 2× “State, 148 Idaho 247, 250 , 220 1 See I.C. §§ 56-203A, 56-203B, 56-203C. 2 P.3d 1066, 1069 (2009); Downing v.”
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