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title-7•Title 7 — Special Proceedings
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
The writ of certiorari may be denominated the writ of review and shall be processed in the manner provided by rule of the supreme court.
[(7-201) C.C.P. 1881, sec. 726; R.S., R.C., & C.L., sec. 4961; C.S., sec. 7242; I.C.A., sec. 13-201; am. 1977, ch. 170, sec. 1, p. 437.]
A writ of review may be granted by any court except the magistrates division of the district court, when an inferior tribunal, board or officer exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.
[(7-202) C.C.P. 1881, sec. 727; R.S., R.C., & C.L., sec. 4962; C.S., sec. 7243; I.C.A., sec. 13-202; am. 1977, ch. 170, sec. 2, p. 437.]
The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer.
[(7-208) C.C.P. 1881, sec. 733; R.S., R.C., & C.L., sec. 4968; C.S., sec. 7249; I.C.A., sec. 13-208.]
The writ of mandamus may be denominated a writ of mandate.
[(7-301) C.C.P. 1881, sec. 737; R.S., R.C., & C.L., sec. 4976; C.S., sec. 7253; I.C.A., sec. 13-301.]
It may be issued by the supreme court or any district court to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and the enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person.
[(7-302) C.C.P. 1881, sec. 738; R.S., R.C., & C.L., sec. 4977; C.S., sec. 7254; I.C.A., sec. 13-302; am. 1996, ch. 224, sec. 1, p. 736.]
The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.
[(7-303) C.C.P. 1881, sec. 739; R.S., R.C., & C.L., sec. 4978; C.S., sec. 7255; I.C.A., sec. 13-303.]
The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a specified time and place why he has not done so. The peremptory writ must be in a similar form except that the words requiring the party to show cause why he has not done as commanded must be omitted, and a return day inserted.
[(7-304) C.C.P. 1881, sec. 740; R.S., R.C., & C.L., sec. 4979; C.S., sec. 7256; I.C.A., sec. 13-304.]
When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued in the first instance. The notice of the application, when given, must be at least fourteen (14) days. The writ cannot be granted by default. The case must be heard by the court whether the adverse party appear or not.
[(7-305) C.C.P. 1881, sec. 741; R.S., R.C., & C.L., sec. 4980; C.S., sec. 7257; I.C.A., sec. 13-305; am. 1996, ch. 224, sec. 2, p. 736.]
On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
[(7-308) C.C.P. 1881, sec. 744; R.S., R.C., & C.L., sec. 4983; C.S., sec. 7260; I.C.A., sec. 13-308.]
The motion for a new trial must be made in the court in which the issue of fact is tried.
[(7-309) C.C.P. 1881, sec. 745; R.S., R.C., & C.L., sec. 4984; C.S., sec. 7261; I.C.A., sec. 13-309.]
If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five (5) days after the rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
[(7-310) C.C.P. 1881, sec. 746; R.S., R.C., & C.L., sec. 4985; C.S., sec. 7262; I.C.A., sec. 13-310.]
If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing, the argument of the case.
[(7-311) C.C.P. 1881, sec. 747; R.S., R.C., & C.L., sec. 4986; C.S., sec. 7263; I.C.A., sec. 13-311.]
If judgment be given for the applicant, he may recover damages which he has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue; and a peremptory mandate must also be awarded without delay.
[(7-312) C.C.P. 1881, sec. 748; R.S., R.C., & C.L., sec. 4987; C.S., sec. 7264; I.C.A., sec. 13-312.]
The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
[(7-313) C.C.P. 1881, sec. 749; R.S., R.C., & C.L., sec. 4988; C.S., sec. 7265; I.C.A., sec. 13-313.]
When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appear to the court that any member of such tribunal, corporation or board, or such person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
[(7-314) C.C.P. 1881, sec. 750; R.S., R.C., & C.L., sec. 4989; C.S., sec. 7266; I.C.A., sec. 13-314.]
The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.
[(7-401) C.C.P. 1881, sec. 751; R.S., R.C., & C.L., sec. 4994; C.S., sec. 7267; I.C.A., sec. 13-401.]
It may be issued by the supreme court or any district court to an inferior tribunal, or to a corporation, board or person in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit on the application of the person beneficially interested.
[(7-402) C.C.P. 1881, sec. 752; R.S., R.C., & C.L., sec. 4995; C.S., sec. 7268; I.C.A., sec. 13-402; am. 1996, ch. 224, sec. 3, p. 736.]
The writs must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, or to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, etc., must be omitted and a return day inserted.
[(7-403) C.C.P. 1881, sec. 753; R.S., R.C., & C.L., sec. 4996; C.S., sec. 7269; I.C.A., sec. 13-403; am. 1996, ch. 224, sec. 4, p. 736.]
The provisions of the preceding sections from 7-305 to 7-314, both inclusive, apply to the proceedings for writ of prohibition.
[(7-404) C.C.P. 1881, sec. 754; R.S., R.C., & C.L., sec. 4997; C.S., sec. 7270; I.C.A., sec. 13-404.]
The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:
Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceedings.
A breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due course of a trial or other judicial proceedings.
Misbehavior in office or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner or other person appointed or elected to perform a judicial or ministerial service.
Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding.
Disobedience of any lawful judgment, order or process of the court.
Assuming to be an officer, attorney, counsel of a court, and acting as such without authority.
Rescuing any person or property in the custody of an officer by virtue of an order or process of such court.
Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial.
Any other unlawful interference with the process or proceedings of a court.
Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court.
Disobedience, by an inferior tribunal, magistrate or officer of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer.
Failure to provide notice required under chapter 16, title 7, Idaho Code.
[(7-601) C.C.P. 1881, sec. 830; R.S., R.C., & C.L., sec. 5155; C.S., sec. 7383; I.C.A., sec. 13-601; am. 2023, ch. 228, sec. 2, p. 705.]
Every person dispossessed or ejected from or out of any real property by the judgment or process of any court of competent jurisdiction, and who, not having right so to do, reenters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt the court shall immediately issue an alias process directed to the proper officer, and requiring him to restore the party entitled to the possession of such property under the original judgment or process, to such possession.
[(7-602) C.C.P. 1881, sec. 831; R.S., R.C., & C.L., sec. 5156; C.S., sec. 7384; I.C.A., sec. 13-602; am. 2012, ch. 20, sec. 2, p. 66.]
When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer.
[(7-603) C.C.P. 1881, sec. 832; R.S., R.C., & C.L., sec. 5157; C.S., sec. 7385; I.C.A., sec. 13-603.]
When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.
[(7-604) C.C.P. 1881, sec. 833; R.S., R.C., & C.L., sec. 5158; C.S., sec. 7386; I.C.A., sec. 13-604.]
Whenever a warrant of attachment is issued, pursuant to this chapter, the court or judge must direct, by an endorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such endorsement.
[(7-605) C.C.P. 1881, sec. 834; R.S., R.C., & C.L., sec. 5159; C.S., sec. 7387; I.C.A., sec. 13-605.]
Upon executing the warrant of attachment, the sheriff must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.
[(7-606) C.C.P. 1881, sec. 835; R.S., R.C., & C.L., sec. 5160; C.S., sec. 7388; I.C.A., sec. 13-606.]
When a direction to let the person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two (2) sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon, or they will pay as may be directed the sum specified in the warrant.
[(7-607) C.C.P. 1881, sec. 836; R.S., R.C., & C.L., sec. 5161; C.S., sec. 7389; I.C.A., sec. 13-607.]
The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.
[(7-608) C.C.P. 1881, sec. 837; R.S., R.C., & C.L., sec. 5162; C.S., sec. 7390; I.C.A., sec. 13-608.]
When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.
[(7-609) C.C.P. 1881, sec. 838; R.S., R.C., & C.L., sec. 5163; C.S., sec. 7391; I.C.A., sec. 13-609.]
Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five thousand dollars ($5,000), or he may be imprisoned not exceeding five (5) days, or both; provided that a person who is guilty of contempt for neglecting to attend or serve as a juror when summoned to do so, or for failing to appear as a prospective juror when summoned by the jury commission under section 2-208(4), Idaho Code, shall be fined in an amount not exceeding five hundred dollars ($500), or may be imprisoned not exceeding five (5) days, or both; and except that if the contempt of which the defendant be adjudged guilty be a disobedience of a judgment or order for the support of minor children, he may be imprisoned not exceeding thirty (30) days in addition to such fine, under this section, as the court may impose. Additionally, the court in its discretion, may award attorney’s fees and costs to the prevailing party.
[(7-610) C.C.P. 1881, sec. 839; R.S., R.C., & C.L., sec. 5164; C.S., sec. 7392; I.C.A., sec. 13-610; am. 1967, ch. 132, sec. 2, p. 302; am. 1997, ch. 200, sec. 1, p. 576; am. 2013, ch. 207, sec. 2, p. 496.]
When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he has performed it, and in that case the act must be specified in the warrant of commitment.
[(7-611) C.C.P. 1881, sec. 840; R.S., R.C., & C.L., sec. 5165; C.S., sec. 7393; I.C.A., sec. 13-611.]
In addition to the penalties for contempt contained in this chapter, the following additional penalties are available for a child support delinquency:
(1) Work activities. In all cases under chapter 2, title 56, Idaho Code, where the custodial parent or children receive temporary assistance for families in Idaho, and the obligor owes past due support and is not incapacitated, the court may issue an order requiring the obligor to participate in work activities.
(2) License suspension. Pursuant to chapter 14, title 7, Idaho Code, the court may issue an order suspending a license for a child support delinquency as defined by section 7-1402, Idaho Code.
[7-612, added 1998, ch. 112, sec. 4, p. 417.]
In addition to the penalties for contempt contained in this chapter, the court may issue an order suspending a license for failing to comply with an order providing for visitation with a minor child pursuant to chapter 14, title 7, Idaho Code.
[7-613, added 1998, ch. 112, sec. 5, p. 417.]
When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.
[(7-614) C.C.P. 1881, sec. 841; R.S., R.C., & C.L., sec. 5166; C.S., sec. 7394; I.C.A., sec. 13-612; am. and redesig. 1998, ch. 112, sec. 1, p. 416.]
Whenever, by the provisions of this chapter, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.
[(7-615) C.C.P. 1881, sec. 842; R.S., R.C., & C.L., sec. 5167; C.S., sec. 7395; I.C.A., sec. 13-613; am. & redesig. 1998, ch. 112, sec. 2, p. 417.]
The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.
[(7-616) C.C.P. 1881, sec. 843; R.S., R.C., & C.L., sec. 5168; C.S., sec. 7396; I.C.A., sec. 13-614; am. & redesig. 1998, ch. 112, sec. 3, p. 417.]
Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.
Public buildings and grounds for the use of any county, incorporated city or school district; canals, aqueducts, flumes, ditches or pipes for conducting water for use on state property or for the use of the inhabitants of any county or incorporated city, or for draining state property for any county or incorporated city, raising the banks of streams, removing obstructions therefrom and widening, deepening or straightening their channels, roads, streets, alleys, and all other public uses for the benefit of the state or of any county, incorporated city or the inhabitants thereof.
Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, steam, electric and horse railroads, reservoirs, canals, ditches, flumes, aqueducts and pipes, for public transportation supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for storing and floating logs and lumber on streams not navigable.
Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also, an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines.
Byroads, leading from highways to residences and farms.
Telephones, telegraph and telephone lines.
Sewerage of any incorporated city.
Cemeteries for the burial of the dead, and enlarging and adding to the same and the grounds thereof.
Pipe lines for the transmission, delivery, furnishing or distribution of natural or manufactured gas for light, heat or power, or for the transportation of crude petroleum or petroleum products; also for tanks, reservoirs, storage, terminal and pumping facilities, telephone, telegraph and power lines necessarily incident to such pipe lines.
Snow fences or barriers for the protection of highways from drifting snow.
Electric distribution and transmission lines for the delivery, furnishing, distribution, and transmission of electric current for power, lighting, heating or other purposes; and structures, facilities and equipment for the production, generation, and manufacture of electric current for power, lighting, heating or other purposes.
[(7-701) C.C.P. 1881, sec. 851; R.S., sec. 5210; am. 1903, p. 203, sec. 1; reen. R.C., & C.L., sec. 5210; C.S., sec. 7404; am. 1923, ch. 98, sec. 2, p. 122; am. 1931, ch. 39, sec. 1, p. 74; I.C.A., sec. 13-701; am. 1933, ch. 211, sec. 1, p. 443; am. 1951, ch. 58, sec. 1, p. 85; am. 1974, ch. 136, sec. 1, p. 1340.]
(1) This section limits and restricts the use of eminent domain under the laws of this state or local ordinance by the state of Idaho, its instrumentalities, political subdivisions, public agencies, or bodies corporate and politic of the state to condemn any interest in property in order to convey the condemned interest to a private interest or person as provided in this section.
(2) Eminent domain shall not be used to acquire private property:
(a) For any alleged public use that is merely a pretext for the transfer of the condemned property or any interest in that property to a private party; or
(b) For the purpose of promoting or effectuating economic development; provided however, that nothing in this subsection shall affect the exercise of eminent domain:
(i) Pursuant to chapter 15, title 70, Idaho Code, and title 42, Idaho Code; or
(ii) Pursuant to chapter 19, 20 or 29, title 50, Idaho Code, except that no private property shall be taken through exercise of eminent domain within the area of operation of a housing authority or within an urban renewal area or within a deteriorated or deteriorating area or within a competitively disadvantaged border community area unless the specific property to be condemned is proven by clear and convincing evidence to be in such condition that it meets all of the following requirements:
The property, due to general dilapidation, compromised structural integrity, or failed mechanical systems, endangers life or endangers property by fire or by other perils that pose an actual identifiable threat to building occupants; and
The property contains specifically identifiable conditions that pose an actual risk to human health, transmission of disease, juvenile delinquency or criminal content; and
The property presents an actual risk of harm to the public health, safety, morals or general welfare; or
(iii) For those public and private uses for which eminent domain is expressly provided in the constitution of the state of Idaho; or
(c) For trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use, unless adjacent to a highway, road or street.
(3) Any board of commissioners for an urban renewal agency whose members are comprised entirely of officials elected pursuant to section 50-2006(b)(3) and (5), Idaho Code, may exercise the right of eminent domain. However, if a board of commissioners for an urban renewal agency includes one (1) or more commissioners who are appointed to the board of commissioners, that board may act only in an advisory capacity to the local governing body with regard to eminent domain decisions, and any final decision on the use of eminent domain shall be made by the local governing body that created the urban renewal agency.
(4) This section shall not affect the authority of a governmental entity to condemn a leasehold estate on property owned by the governmental entity.
(5) The rationale for condemnation by the governmental entity proposing to condemn property shall be freely reviewable in the course of judicial proceedings involving exercise of the power of eminent domain.
[7-701A, added 2006, ch. 96, sec. 1, p. 270; am. 2015, ch. 122, sec. 1, p. 310; am. 2021, ch. 87, sec. 1, p. 291.]
The following is a classification of the estates and rights in lands subject to be taken for public use:
A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.
An easement, when taken for any other use.
The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.
[(7-702) C.C.P. 1881, sec. 852; R.S., R.C., & C.L., sec. 5211; C.S., sec. 7405; I.C.A., sec. 13-702.]
The private property which may be taken under this chapter includes:
All real property belonging to any person.
Lands belonging to the government of the United States, to this state, or to any county, incorporated city, or city and county, village or town, not appropriated to some public use.
Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.
Franchises for toll roads, toll bridges and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.
All rights of way for any and all the purposes mentioned in section 7-701, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owners thereof, when necessary, but such uses, crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and least private injury.
All classes of private property not enumerated may be taken for public use when such taking is authorized by law.
[(7-703) C.C.P. 1881, sec. 853; R.S. & R.C., sec. 5212; am. 1911, ch. 75, sec. 1, p. 229; reen. C.L., sec. 5212; C.S., sec. 7406; I.C.A., sec. 13-703.]
Before property can be taken it must appear:
That the use to which it is to be applied is a use authorized by law.
That the taking is necessary to such use.
If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use.
In addition, for an electrical transmission line with a capacity in excess of two hundred thirty (230) KV (kilovolts), to be constructed over private real property actively devoted to agriculture, that a public meeting shall have been held following ten (10) days’ notice, as provided by section 60-109, Idaho Code, being published in a newspaper of general circulation in each county or counties in which the transmission line is proposed to be located with the last publication of the legal notice having occurred prior to the public meeting at which testimony from interested persons regarding the transmission line location is received.
[(7-704) C.C.P. 1881, sec. 854; R.S., R.C., & C.L., sec. 5213; C.S., sec. 7407; I.C.A., sec. 13-704; am. 1983, ch. 115, sec. 1, p. 247.]
(1) The state of Idaho, or any of its political subdivisions, in excercising its powers of eminent domain, shall acquire and pay full value for all lands classified as omitted lands under federal legislation as though the state of Idaho or any political subdivision thereof were receiving fee simple title.
(2) The state of Idaho or any political subdivision thereof shall be entitled to escrow the funds for the acquisition of the omitted lands until a letter of acquiescence or other documentation is received from the federal government, at which time all of the funds shall be remitted to the landholder.
[7-704A, added 1982, ch. 125, sec. 1, p. 362.]
In all cases where land is required for public use the state or its agents in charge of such use may survey and locate the same, but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter. The state or its agents in charge of such public use, may enter upon the land and make examinations, surveys and maps thereof, and such entry shall constitute no cause for action in favor of the owners of the land, except for injuries resulting from negligence, wantonness or malice.
[(7-705) C.C.P. 1881, sec. 855; R.S., R.C., & C.L., sec. 5214; C.S., sec. 7408; I.C.A., sec. 13-705.]
All proceedings under this chapter must be brought in the district court for the county in which the property is situated. They must be commenced by filing a complaint and issuing a summons thereon.
[(7-706) C.C.P. 1881, sec. 856; R.S., R.C., & C.L., sec. 5215; C.S., sec. 7409; I.C.A., sec. 13-706.]
The complaint must contain:
The name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff.
The names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.
A statement of the right of the plaintiff.
If a right-of-way be sought, the complaint must show the location, general route and termini, and must be accompanied with maps thereof.
A description of each piece of land sought to be taken, and whether the same includes the whole, or only a part, of an entire parcel or tract. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.
An order of condemnation, or resolution, or other official and binding document entered by the plaintiff which sets forth and clearly identifies all property rights to be acquired including rights to and from the public way, and permanent and temporary easements known or reasonably identifiable to the condemning authority.
In all cases where the owner of the lands sought to be taken resides in the county in which said lands are situated, a statement that the plaintiff has sought, in good faith, to purchase the lands so sought to be taken, or settle with the owner for the damages which might result to his property from the taking thereof, and was unable to make any reasonable bargain therefor, or settlement of such damages; but in all other cases these facts need not be alleged in the complaint, or proved.
[(7-707) C.C.P. 1881, sec. 857; R.S., sec. 5216; am. 1907, p. 322, sec. 1; reen. R.C. & C.L., sec. 5216; C.S., sec. 7410; I.C.A., sec. 13-707; am. 2006, ch. 450, sec. 1, p. 1339.]
The clerk must issue a summons, which must contain the names of the parties, a general description of the whole property, a statement of the public use for which it is sought, and a reference to the complaint for descriptions of the respective parcels, and a notice to the defendants to appear and show cause why the property described should not be condemned as prayed for in the complaint. In all other particulars it must be in the form of a summons in civil actions, and must be served in like manner.
[(7-708) C.C.P. 1881, sec. 858; R.S., R.C., & C.L., sec. 5217; C.S., sec. 7411; I.C.A., sec. 13-708.]
All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the complaint.
[(7-709) C.C.P. 1881, sec. 859; R.S., R.C., & C.L., sec. 5218; C.S., sec. 7412; I.C.A., sec. 13-709.]
The court shall have power:
To regulate and determine the place and manner of making connections and crossings, or of enjoying the common use mentioned in the fifth subdivision of section 7-703.
To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.
To determine the respective rights of different parties seeking condemnation of the same property.
[(7-710) C.C.P. 1881, sec. 860; R.S., R.C., & C.L., sec. 5219; C.S., sec. 7413; I.C.A., sec. 13-710.]
The court, jury or referee must hear such legal testimony as may be offered by any of the parties to the proceedings, and thereupon must ascertain and assess:
The value of the property sought to be condemned, and all improvements thereon pertaining to the realty, and of each and every separate estate or interest therein; if it consists of different parcels, the value of each parcel and each estate or interest therein shall be separately assessed. For purposes of ascertaining the value of the property, the minimum amount for damages shall be the greater of the assessed value for property tax purposes unless the court, jury or referee finds the property has been altered substantially, or the plaintiff’s highest prelitigation appraisal.
If the property sought to be condemned constitutes only a part of a larger parcel: (a) the damages which will accrue to the portion not sought to be condemned, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff; and (b) the damages to any business qualifying under this subsection having more than five (5) years’ standing which the taking of a portion of the property and the construction of the improvement in the manner proposed by the plaintiff may reasonably cause. The business must be owned by the party whose lands are being condemned or be located upon adjoining lands owned or held by such party. Business damages under this subsection shall not be awarded if the loss can reasonably be prevented by a relocation of the business or by taking steps that a reasonably prudent person would take, or for damages caused by temporary business interruption due to construction; and provided further that compensation for business damages shall not be duplicated in the compensation otherwise awarded to the property owner for damages pursuant to subsections (1) and (2)(a) of this section 7-711, Idaho Code.
(i) If the business owner intends to claim business damages under this subsection, the owner, as defendant, must submit a written business damage claim to the plaintiff within ninety (90) days after service of the summons and complaint for condemnation. The plaintiff’s initial offer letter or accompanying information must expressly inform the defendant of its rights under this subsection, and must further inform the defendant of its right to consult with an attorney.
(ii) The defendant’s written claim must be sent to the plaintiff by certified mail, return receipt requested. Absent a showing of a good faith justification for the failure to submit a business damage claim within ninety (90) days, or an agreed extension by the parties, the court shall strike the defendant’s claim for business damages in any condemnation proceeding.
(iii) The business damage claim must include an explanation of the nature, extent, and monetary amount of such claimed damages and must be prepared by the owner, a certified public accountant, or a business damage expert familiar with the nature of the operations of the defendant’s business. The defendant shall also provide the plaintiff with copies of the defendant’s business records that substantiate the good faith offer to settle the business damage claim. The business damage claim must be clearly segregated from the claim for property damages pursuant to subsections (1) and (2)(a) of this section 7-711, Idaho Code.
(iv) As used in this subsection, the term "business records" includes, but is not limited to, copies of federal and state income tax returns, state sales tax returns, balance sheets, and profit and loss statements for the five (5) years preceding which are attributable to the business operation on the property to be acquired, and other records relied upon by the business owner that substantiate the business damage claim.
(v) The plaintiff’s good faith in failing to offer compensation for business damages shall not be contested at a possession hearing held pursuant to section 7-721, Idaho Code, if the defendant has not given notice of its intent to claim business damages prior to the date of filing of the motion that initiates the proceeding under that section.
Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be specially and directly benefited, if at all, by the construction of the improvement proposed by the plaintiff; and if the benefit shall be equal to the damages assessed, under subsection 2. of this section, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.
If the property sought to be condemned be for a railroad, the cost of good and sufficient fences along the line of such railroad, and the cost of cattle guards where fences may cross the line of such railroad.
As far as practicable, compensation must be assessed for each source of damages separately.
If the property sought to be condemned is private real property actively devoted to agriculture, the damages which will accrue because of the costs, if any, of farming around electrical transmission line structure(s) for a transmission line with a capacity in excess of two hundred thirty (230) kilovolts. If the property sought to be condemned has been the subject of a previous condemnation proceeding or proceedings for electrical transmission line structure(s) and at the time of condemnation the field holds other electrical transmission line structure(s), such evidence of costs referred to above may also include the cumulative effects, if any, of conducting farming operations around other electrical transmission line structure(s) in the same field, whether such structure(s) are of the condemner or not.
[(7-711) C.C.P. 1881, sec. 861; R.S., R.C., & C.L., sec. 5220; C.S., sec. 7414; I.C.A., sec. 13-711; am. 1983, ch. 115, sec. 2, p. 247; am. 1998, ch. 427, sec. 1, p. 1345; am. 2000, ch. 346, sec. 1, p. 1170; am. 2006, ch. 452, sec. 1, p. 1343.]
Whenever a state or local unit of government or a public utility is beginning negotiations to acquire a parcel of real property in fee simple, the condemning authority shall provide the owner of the property a form containing a summary of the rights of an owner of property to be acquired under this chapter. If the condemning authority does not supply the owner of the real property with this form, there will be a presumption that any sale or contract entered into between the condemning authority and the owner was not voluntary and the condemning authority may be held responsible for such relief, if any, as the court may determine to be appropriate considering all of the facts and circumstances. The form shall contain substantially the following:
(1) The (name of entity allowed to use eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code) has the power under the constitution and the laws of the state of Idaho and the United States to take private property for public use. This power is generally referred to as the power of "eminent domain" or condemnation. The power can only be exercised when:
(a) The property is needed for a public use authorized by Idaho law;
(b) The taking of the property is necessary to such use;
(c) The taking must be located in the manner which will be most compatible with the greatest public good and the least private injury.
(2) The condemning authority must negotiate with the property owner in good faith to purchase the property sought to be taken and/or to settle with the owner for any other damages which might result to the remainder of the owner’s property.
(3) The owner of private property to be acquired by the condemning authority is entitled to be paid for any diminution in the value of the owner’s remaining property which is caused by the taking and the use of the property taken proposed by the condemning authority. This compensation, called "severance damages," is generally measured by comparing the value of the property before the taking and the value of the property after the taking. Damages are assessed according to Idaho Code.
(4) The value of the property to be taken is to be determined based upon the highest and best use of the property.
(5) If the negotiations to purchase the property and settle damages are unsuccessful, the property owner is entitled to assessment of damages from a court, jury or referee as provided by Idaho law.
(6) The owner has the right to consult with an appraiser of the owner’s choosing at any time during the acquisition process at the owner’s cost and expense.
(7) The condemning authority shall deliver to the owner, upon request, a copy of all appraisal reports concerning the owner’s property prepared by the condemning authority. Once a complaint for condemnation is filed, the Idaho rules of civil procedure control the disclosure of appraisals.
(8) The owner has the right to consult with an attorney at any time during the acquisition process. In cases in which the condemning authority condemns property and the owner is able to establish that just compensation exceeds the last amount timely offered by the condemning authority by ten percent (10%) or more, the condemning authority may be required to pay the owner’s reasonable costs and attorney’s fees. The court will make the determination whether costs and fees will be awarded.
(9) The form contemplated by this section shall be deemed delivered by United States certified mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property or if hand delivered to such person who acknowledges receipt of the form in writing on the form. A second copy will be attached to the appraisal at the time it is delivered to the owner.
(10) If a condemning authority desires to acquire property pursuant to this chapter, the condemning authority or any of its agents or employees shall not give the owner any timing deadline as to when the owner must respond to the initial offer which is less than thirty (30) days. A violation of the provisions of this subsection shall render any action pursuant to this chapter null and void.
(11) Nothing in this section changes the assessment of damages set forth in section 7-711, Idaho Code.
[7-711A, added 2000, ch. 354, sec. 1, p. 1188; am. 2014, ch. 268, sec. 1, p. 671.]
For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, and its actual value, at that date, shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed, as provided in the last section. No improvements put upon the property subsequent to the date of the service of summons shall be included in the assessment of compensation or damages. The compensation and damages awarded shall draw lawful interest from the date of the summons.
[(7-712) C.C.P. 1881, sec. 862; R.S., R.C., & C.L., sec. 5221; C.S., sec. 7415; I.C.A., sec. 13-712; am. 1957, ch. 127, sec. 1, p. 215.]
If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as in this chapter prescribed.
[(7-713) C.C.P. 1881, sec. 863; R.S., R.C., & C.L., sec. 5222; C.S., sec. 7416; I.C.A., sec. 13-713.]
The plaintiff must, within thirty (30) days after final judgment, pay the sum of money assessed, but may, at the time of or before payment, elect to build the fences and cattle guards, and, if he so elect, shall execute to the defendant a bond, with sureties to be approved by the court, in double the assessed cost of the same, to build such fences and cattle guards within eight (8) months from the time the railroad is built on the land taken, and, if such bond is given, need not pay the cost of such fences and cattle guards. In an action on such bond the plaintiff may recover reasonable attorney’s fees.
[(7-714) C.C.P. 1881, sec. 864; R.S., R.C., & C.L., sec. 5223; C.S., sec. 7417; I.C.A., sec. 13-714.]
Payment may be made to the defendants entitled thereto, or the money may be deposited in court for the defendants, and be distributed to those entitled thereto. If the money be not so paid or deposited, the defendants may have execution as in civil cases; and if the money cannot be made on execution, the court, upon a showing to that effect, must set aside and annul the entire proceedings, and restore possession of the property to the defendant, if possession has been taken by the plaintiff.
[(7-715) C.C.P. 1881, sec. 865; R.S., R.C., & C.L., sec. 5224; C.S., sec. 7418; I.C.A., sec. 13-715.]
When payments have been made and the bond given, if the plaintiff elects to give one, as required by the last two (2) sections, the court must make final order of condemnation, which must describe the property condemned and the purposes of such condemnation. A copy of the order must be filed in the office of the recorder of the county, and thereupon the property described therein shall vest in the plaintiff for the purposes therein specified.
[(7-716) C.C.P. 1881, sec. 866; R.S., R.C., & C.L., sec. 5225; C.S., sec. 7419; I.C.A., sec. 13-716.]
At any time after trial and judgment entered, or pending an appeal from the judgment to the Supreme Court, whenever the plaintiffs shall have paid into the court for the defendant the full amount of the judgment, and such further sum as shall be required by the court as a fund to pay any further damages and costs that may be recovered in said proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property shall not be finally taken for public use, the district court in which the proceeding was tried may, upon notice of not less than ten (10) days, authorize the plaintiff, if already in possession, to continue therein, and if not, to take possession of and use the property during the conclusion of the litigation, and may, if necessary, stay all actions and proceedings against the plaintiff on account thereof.
The defendant who is entitled to the money paid into court for him upon any judgment, shall be entitled to demand and receive the same at any time thereafter, upon obtaining an order therefor from the court. It shall be the duty of the court, or the judge thereof, upon application being made by such defendant, to order and direct that the money so paid into court for him, be delivered to him upon his filing a satisfaction of the judgment, or upon his filing a receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant as aforesaid shall be held to an abandonment by such defendant of all defenses interposed by him, excepting his claim for greater compensation. The court may order the money to be deposited in the county treasury, and in such case it shall be the duty of the treasurer to receive all such moneys, duly receipt for, and safely keep the same, and to pay out such moneys in such manner, and at such times, as the court or judge thereof may direct, and for such duty he shall be liable to the plaintiff upon his official bond; provided further, that at any time after the commencement of proceedings in the district court, as provided for in this chapter, to condemn property, and upon ten (10) days’ notice to the adverse party, the district court or the judge thereof may appoint three (3) disinterested persons, who shall be residents of the county in which the land is situated, as commissioners to assess and determine the damages that the defendant will sustain by reason of the condemnation and appropriation of the property described in the complaint, and the said commissioners shall, before entering upon the discharge of their duties, take and subscribe an oath to faithfully and impartially discharge their duties as such commissioners. Such commissioners shall, within five (5) days of their appointment, give notice in writing of the time and place where they will meet for the purpose aforesaid, which time shall not be less than five (5) days nor more than ten (10) days from the date of giving said notice, and which place shall be within five (5) miles of the premises aforesaid, unless another time or place is agreed upon by the commissioners and the parties. At the time and place mentioned in such notice they may administer oaths to witnesses, and hear the evidence offered by the parties, and, after viewing the premises, shall report in writing their proceedings and the damages which they find the defendant will sustain by reason of the condemnation and appropriation of said property, which report shall be signed by said commissioners, or a majority thereof, and be filed in the office of the clerk of the district court in which such action shall be pending within ten days of the date of the conclusion of the commissioners’ proceedings unless additional time therefor is granted by the court or judge thereof; and at any time after payment to the defendant of the amount so assessed and found by said commissioners as damages, or in case the defendant shall refuse to receive the same, then at any time after such amount shall be deposited with the clerk of the said court to abide the result of said action, the plaintiff may enter upon, and take possession of and use, the property mentioned in the complaint and do such work thereon as may be required for the easement or title sought according to its nature, until the final conclusion of the litigation concerning the same: provided further, that at the time of making such payment to the defendant of the amount so assessed and found by said commissioners as damages, or in case the defendant shall refuse to receive the same, then at any time after such amount shall be deposited with the clerk of the said court to abide the result of said action, the plaintiff may elect to build the fences, cattle guards and other structures by said commissioners found to be necessary, and may execute to the defendant a bond as provided in Section 7-714.
[(7-717) C.C.P. 1881, sec. 867; R.S., sec. 5226; am. 1888-1889, p. 12; reen. R.C. & C.L., sec. 5226; C.S., sec. 7420; I.C.A., sec. 13-717; am. 1951, ch. 110, sec. 1, p. 256.]
Costs may be allowed or not, and, if allowed, may be apportioned between the parties on the same or adverse sides in the discretion of the court.
[(7-718) C.C.P. 1881, sec. 868; R.S., R.C., & C.L., sec. 5227; C.S., sec. 7421; I.C.A., sec. 13-718.]
Nothing in this code must be construed to abrogate or repeal any statute provided for the taking of property in any municipality for street purposes. Any municipality at its option may exercise the right of eminent domain under the provisions of this chapter for any of the uses and purposes mentioned in section 7-701, Idaho Code.
[(7-720) C.C.P. 1881, sec. 870; R.S. & R.C., sec. 5229; am. 1913, ch. 108, sec. 1, p. 429; compiled and reen. C.L., sec. 5229; C.S., sec. 7423; I.C.A., sec. 13-720; am. 2009, ch. 11, sec. 2, p. 14.]
In any proceeding under the provisions of this chapter for the acquisition of real property, the plaintiff may take possession of and use such property at any time after just compensation has been judicially determined and payment thereof made into court. Judicial determination shall be satisfied by the following requirements:
(1) At any time after an action for condemnation has been commenced under the provisions of this chapter and after the defendant has made an appearance, the plaintiff may file a motion asking that said plaintiff be placed in lawful possession of and have the use of said property and the court shall fix a date, not less than ten (10) or more than twenty (20) days after the filing of such motion, for the hearing thereon and shall require due notice to be given to each party to the proceedings whose interest would be affected by the requested taking. Notice herein shall be given as provided in rule 5(a) or 5(b), as the case may be, of the Idaho rules of civil procedure.
If the defendant has not appeared, but is not in default, plaintiff may proceed as herein provided twenty (20) days after the action shall have been commenced by serving the motion and notice of the hearing in the same manner as required for service of summons.
(2) At the hearing the court shall first determine whether or not plaintiff (a) has the right of eminent domain, (b) whether or not the use to which the property is to be applied is a use authorized by law, (c) whether or not the taking is necessary to such use, and (d) whether or not plaintiff has sought, in good faith, to purchase the lands sought to be taken and the court shall enter an order thereon which shall be a final order as to these issues and an appeal may be taken therefrom; provided, however, no appeal therefrom shall stay further proceedings.
(3) If the matters in the preceding subsection are determined in favor of the plaintiff the court shall hear the issues raised by the plaintiff’s motion for taking and shall receive such evidence as it may consider necessary and proper for a finding of just compensation, but the court may limit the number of witnesses presented by any party to the action, and, in its discretion, may appoint a disinterested appraiser as an agent of the court to evaluate the property to which the motion relates and to report his conclusions to the court within ten (10) days from the date of his appointment; and the court shall fix his fee which shall be paid by the plaintiff. The court shall within five (5) days after the hearing, or if it shall appoint an appraiser, within five (5) days after receiving his report, make an order of determination of just compensation.
(4) Neither the order of the court determining just compensation, nor the amount of the deposit, nor the report of the appraiser appointed by the court shall be admissible in evidence in further proceedings under this section.
(5) After the court has entered its order of determination of the amount of just compensation, the plaintiff may deposit such amount with the court and the court shall thereupon enter an order fixing a date from which the plaintiff shall be entitled to take possession of and use the property. After such deposit and order have been made the cause shall proceed to trial in the regular manner.
(6) Any party defendant may file with the court an application to withdraw his share of the amount deposited by the plaintiff. Such application may be filed at any time after the court has entered its order placing plaintiff in possession and use of the property. If there be only one (1) defendant in the action, the court shall authorize the requested withdrawal of funds, but if there shall be more than one (1) defendant the court shall fix a date for hearing on the application to withdraw funds and shall require notice to be given to each party whose interest would be affected by such withdrawal. After hearing the court shall determine the share of the funds deposited to which the defendants or any of them are lawfully entitled and shall authorize the withdrawal requested or such part thereof as shall be proper.
(7) If more than eighty percent (80%) of the amount deposited is withdrawn, the defendant or defendants making the withdrawal shall be required to make a written undertaking, executed by two (2) or more sufficient sureties, approved by the court, to the effect that they are bound to the plaintiff for the payment to it of such sum by which the amount withdrawn shall exceed the amount of the award finally determined upon trial of the cause.
(8) Upon trial of the cause the court shall enter judgment against the plaintiff for the amount of the award, and the plaintiff shall pay to the defendant or defendants the amount, if any, by which such judgment exceeds the amount previously deposited; provided that if the award and judgment shall be less than the amount withdrawn under subsection (6) of this section, the defendant or defendants shall refund the difference to the clerk of the court and if such refund is not made within thirty (30) days the court shall enter judgment in favor of the plaintiff and against such defendant or defendants for the amount of the difference.
(9) After plaintiff has deposited with the court the amount determined by the court to be just compensation, no interest shall accrue on the amount so deposited.
[7-721, as added by 1969, ch. 234, sec. 1, p. 745; am. 1972, ch. 119, sec. 1, p. 236; am. 1975, ch. 141, sec. 1, p. 321; am. 2006, ch. 451, sec. 1, p. 1341.]
Application for change of names must be heard and determined by the district courts.
[(7-801) C.C.P. 1881, sec. 871; R.S., R.C., & C.L., sec. 5245; C.S., sec. 7424; I.C.A., sec. 13-801.]
(1) All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person, if the person is an adult or an emancipated minor; and if such person is under the age of eighteen (18) years and is not an emancipated minor, by one (1) of the parents or by a guardian. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and reason for such change of name.
(2) If the person whose name is proposed to be changed is under eighteen (18) years of age and is not an emancipated minor, the petition must also include the following:
(a) If the petition is signed by only one (1) parent, the petition must specify the name and the address, if known, of the other parent, if living.
(b) If the petition is signed by a guardian of the person, the petition must specify:
(i) The name and address, if known, of the parent or parents of the person, if living; or
(ii) If both parents are deceased or their addresses are unknown, the names and addresses of the grandparents of the person, if living.
(3) For purposes of this section, "emancipated minor" means any minor who has been married or is in active military service.
[(7-802) C.C.P. 1881, sec. 872; R.S., R.C., & C.L., sec. 5246; C.S., sec. 7425; I.C.A., sec. 13-802; am. 1975, ch. 63, sec. 1, p. 129; am. 1984, ch. 67, sec. 1, p. 118; am. 2017, ch. 191, sec. 1, p. 439.]
(1) A notice of hearing of such petition signed by the clerk and issued under the seal of the court, must be published for four (4) successive weeks in a newspaper designated by the court as most likely to give notice in the county where the person whose name is proposed to be changed resides, and proofs must be made of such publication or posting before the petition can be considered. The notice of hearing may be substantially in the following form:
NOTICE OF HEARING
In the District Court of the…. Judicial District of the State of Idaho in and for…. County.
In the matter of the application of…. for change in name.
(Assertions herein contained refer to assertions in the petition)
A petition by…., now residing in the City of…., State of Idaho, proposing a change in name to…. has been filed in the above entitled court, the reason for the change in name being
.
such petition will be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court a good reason against such a change of name.
WITNESS my hand and seal of said District Court this…. day of……
……………..
Attorney for petitioner
………………
Residence or post office address
……………… Idaho.
(2) If the petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting to the name change, the petitioner must cause notice of the time and place of the hearing to be served on the other parent not less than thirty (30) days before the hearing.
(3) If the petition has been filed for a minor by a guardian, the person filing the petition must cause notice of the time and place of the hearing to be served on the persons whose names and addresses were specified in the petition pursuant to section 7-802(2)(b), Idaho Code, not less than thirty (30) days before the hearing.
[(7-803) C.C.P. 1881, sec. 873; R.S., R.C., & C.L., sec. 5247; C.S., sec. 7426; I.C.A., sec. 13-803; am. 1945, ch. 32, sec. 1, p. 39; am. 2007, ch. 90, sec. 1, p. 246; am. 2010, ch. 250, sec. 1, p. 640; am. 2017, ch. 191, sec. 2, p. 439.]
Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper.
[(7-804) C.C.P. 1881, sec. 874; R.S., R.C., & C.L., sec. 5248; C.S., sec. 7427; I.C.A., sec. 13-804.]
(1) No person shall apply for a change of name with the intent or purpose of avoiding registration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho Code. No name change shall be granted to any person if the name change would have the effect of relieving the person of the duty to register as a convicted sexual offender under chapter 83, title 18, Idaho Code, or under the provisions of similar laws enacted by another state.
(2) The court granting a name change to any individual required to register as a convicted sexual offender pursuant to the provisions of chapter 83, title 18, Idaho Code, shall provide notice of the name change to the Idaho state police, central sexual offender registry. This notice shall include the offender’s name prior to change, new name, social security number, date of birth and last known address.
[7-805, added 1998, ch. 411, sec. 3, p. 1290; am. 2000, ch. 469, sec. 17, p. 1467.]
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This act does not apply to arbitration agreements between employers and employees or between their respective representatives (unless otherwise provided in the agreement).
[I.C., sec. 7-901, as added by 1975, ch. 117, sec. 2, p. 240.]
(a) On application of a party showing an agreement described in section 7-901, Idaho Code, and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subdivision (a) of this section, the application shall be made therein. Otherwise and subject to section 7-918, Idaho Code, the application may be made in any court of competent jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
[I.C., sec. 7-902, as added by 1975, ch. 117, sec. 2, p. 240.]
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
[I.C., sec. 7-903, as added by 1975, ch. 117, sec. 2, p. 240.]
The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this act.
[I.C., sec. 7-904, as added by 1975, ch. 117, sec. 2, p. 240.]
Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
[I.C., sec. 7-905, as added by 1975, ch. 117, sec. 2, p. 240.]
A party has the right to be represented by an attorney at any proceeding or hearing under this act. A waiver thereof prior to the proceeding or hearing is ineffective.
[I.C., sec. 7-906, as added by 1975, ch. 117, sec. 2, p. 240.]
(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c) All provisions of law compelling a person under subpoena to testify are applicable.
(d) Fees for attendance as a witness shall be the same as for a witness in the district court.
[I.C., sec. 7-907, as added by 1975, ch. 117, sec. 2, p. 240.]
(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
[I.C., sec. 7-908, as added by 1975, ch. 117, sec. 2, p. 240.]
On application of a party or, if an application to the court is pending under sections 7-911, 7-912 or 7-913, Idaho Code, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (1) and (3) of subdivision (a) of section 7-913, Idaho Code, or for the purpose of clarifying the award. The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten (10) days from the notice. The award so modified or corrected is subject to the provisions of sections 7-911, 7-912 and 7-913, Idaho Code.
[I.C., sec. 7-909, as added by 1975, ch. 117, sec. 2, p. 240.]
Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
[I.C., sec. 7-910, as added by 1975, ch. 117, sec. 2, p. 240.]
Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 7-912 and 7-913, Idaho Code.
[I.C., sec. 7-911, as added by 1975, ch. 117, sec. 2, p. 240.]
(a) Upon application of a party, the court shall vacate an award where;
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party;
(3) The arbitrators exceeded their powers;
(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7-905, Idaho Code, as to prejudice substantially the rights of a party; or
(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 7-902, Idaho Code, and the party did not participate in the arbitration hearing without raising the objection.
The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(b) An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in clause (5) of subsection (a) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 7-903, Idaho Code, or, if the award is vacated on grounds set forth in clauses (3) and (4) of subsection (a) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 7-903, Idaho Code. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
[I.C., sec. 7-912, as added by 1975, ch. 117, sec. 2, p. 240; am. 1990, ch. 65, sec. 1, p. 144.]
(a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
[I.C., sec. 7-913, as added by 1975, ch. 117, sec. 2, p. 240.]
Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
[I.C., sec. 7-914, as added by 1975, ch. 117, sec. 2, p. 240.]
(a) On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
(1) The agreement and each written extension of the time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying or correcting the award; and
(4) A copy of the judgment or decree.
(b) The judgment or decree may be docketed as if rendered in an action.
[I.C., sec. 7-915, as added by 1975, ch. 117, sec. 2, p. 240.]
Except as otherwise provided, an application to the court under this act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
[I.C., sec. 7-916, as added by 1975, ch. 117, sec. 2, p. 240.]
The term "court" means any court of competent jurisdiction of this state. The making of an agreement described in section 7-901, Idaho Code, providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under this act and to enter judgment on an award thereunder.
[I.C., sec. 7-917, as added by 1975, ch. 117, sec. 2, p. 240.]
An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
[I.C., sec. 7-918, as added by 1975, ch. 117, sec. 2, p. 240.]
(a) An appeal may be taken from:
(1) An order denying an application to compel arbitration made under section 7-912, Idaho Code;
(2) An order granting an application to stay arbitration made under section 7-902(b), Idaho Code;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to the provisions of this act.
(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
[I.C., sec. 7-919, as added by 1975, ch. 117, sec. 2, p. 240.]
This act applies only to agreements made subsequent to the taking effect of this act.
[I.C., sec. 7-920, as added by 1975, ch. 117, sec. 2, p. 240.]
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[I.C., sec. 7-921, as added by 1975, ch. 117, sec. 2, p. 240.]
This act may be cited as the "Uniform Arbitration Act."
[I.C., sec. 7-922, as added by 1975, ch. 117, sec. 2, p. 240.]
This chapter may be cited as the uniform interstate family support act.
[(7-1001) (7-1058), 7-1051 added 1994, ch. 207, sec. 2, p. 656; am. and redesig. 1997, ch. 198, sec. 37, p. 573; am. and redesig. 2006, ch. 252, sec. 1, p. 764.]
In this chapter:
(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2) "Child-support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
(3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(a) Which has been declared under the law of the United States to be a foreign reciprocating country;
(b) Which has established a reciprocal arrangement for child support with this state as provided in section 7-1023, Idaho Code;
(c) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
(d) In which the convention is in force with respect to the United States.
(6) "Foreign support order" means a support order of a foreign tribunal.
(7) "Foreign tribunal" means a court, administrative agency or quasi-judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention.
(8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six (6) months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six (6) month or other period.
(9) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(10) "Income-withholding order" means an order or other legal process directed to an obligor’s employer or other debtor, as defined by chapter 12, title 32, Idaho Code, to withhold support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules and regulations having the force of law.
(16) "Obligee" means:
(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(b) A foreign country, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
(c) An individual seeking a judgment determining parentage of the individual’s child; or
(d) A person that is a creditor in a proceeding under sections 7-1058 through 7-1071, Idaho Code.
(17) "Obligor" means an individual, or the estate of a decedent that:
(a) Owes or is alleged to owe a duty of support;
(b) Is alleged but has not been adjudicated to be a parent of a child;
(c) Is liable under a support order; or
(d) Is a debtor in a proceeding under sections 7-1058 through 7-1071, Idaho Code.
(18) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(21) "Register" means to record in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.
(25) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.
(26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official, governmental entity or private agency authorized to:
(a) Seek enforcement of support orders or laws relating to the duty of support;
(b) Seek establishment or modification of child support;
(c) Request determination of parentage of a child;
(d) Attempt to locate obligors or their assets; or
(e) Request determination of the controlling child-support order.
(28) "Support order" means a judgment, decree, order, decision or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.
(29) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
[(7-1002) 7-1001, added 1994, ch. 207, sec. 2, p. 640; am. 1997, ch. 198, sec. 1, p. 557; am. and redesig. 2006, ch. 252, sec. 2, p. 764; am. 2015, 1st E.S., ch. 1, sec. 1, p. 7.]
(1) The district courts are the tribunals of this state.
(2) The Idaho department of health and welfare is the support enforcement agency of this state.
[(7-1003) 7-1002, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 3, p. 766; am. 2015, 1st E.S., ch. 1, sec. 2, p. 10.]
(1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(2) This chapter does not:
(a) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
[(7-1004) 7-1003, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 4, p. 766; am. 2015, 1st E.S., ch. 1, sec. 3, p. 10.]
(1) A tribunal of this state shall apply sections 7-1001 through 7-1058, Idaho Code, and, as applicable, sections 7-1059 through 7-1071, Idaho Code, to a support proceeding involving:
(a) A foreign support order;
(b) A foreign tribunal; or
(c) An obligee, obligor or child residing in a foreign country.
(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of sections 7-1001 through 7-1058, Idaho Code.
(3) Sections 7-1059 through 7-1071, Idaho Code, apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 7-1059 through 7-1071, Idaho Code, is inconsistent with sections 7-1001 through 7-1058, Idaho Code, then sections 7-1059 through 7-1071, Idaho Code, control.
[7-1004A, added 2015, 1st E.S., ch. 1, sec. 4, p. 10.]
(1) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
(a) The individual is personally served with notice within this state;
(b) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) The individual resided with the child in this state;
(d) The individual resided in this state and provided prenatal expenses or support for the child;
(e) The child resides in this state as a result of the acts or directives of the individual;
(f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) The individual asserted parentage of a child in the registry maintained in this state by the vital statistics unit of the department of health and welfare provided in section 16-1513, Idaho Code; or
(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in subsection (1) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child-support order of another state unless the requirements of section 7-1053, Idaho Code, are met, or in the case of a foreign support order, unless the requirements of section 7-1057, Idaho Code, are met.
[(7-1005) 7-1004, added 1994, ch. 207, sec. 2, p. 642; am. 1997, ch. 198, sec. 2, p. 559; am. and redesig. 2006, ch. 252, sec. 5, p. 767; am. 2015, 1st E.S., ch. 1, sec. 5, p. 10.]
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided in sections 7-1009, 7-1010 and 7-1015, Idaho Code.
[(7-1006) 7-1005, added 1994, ch. 207, sec. 2, p. 642; am. 1997, ch. 198, sec. 3, p. 559; am. and redesig. 2006, ch. 252, sec. 6, p. 767.]
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.
[(7-1007) 7-1006, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 7, p. 768; am. 2015, 1st E.S., ch. 1, sec. 6, p. 11.]
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(a) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(b) The contesting party timely challenges the exercise of jurisdiction in this state; and
(c) If relevant, the other state or foreign country is the home state of the child.
[(7-1008) 7-1007, added 1994, ch. 207, sec. 2, p. 642; am. and redesig. 2006, ch. 252, sec. 8, p. 768; am. 2015, 1st E.S., ch. 1, sec. 7, p. 11.]
(1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one (1) of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(b) Its order is not the controlling order.
(3) If a tribunal of another state has issued a child support order pursuant to this chapter or a law substantially similar to this chapter that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
[(7-1009) 7-1008, added 1994, ch. 207, sec. 2, p. 643; am. 1997, ch. 198, sec. 4, p. 559; am. and redesig. 2006, ch. 252, sec. 9, p. 768.]
(1) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(a) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act; or
(b) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
[(7-1010) 7-1009, added 1994, ch. 207, sec. 2, p. 644; am. and redesig. 2006, ch. 252, sec. 10, p. 769; am. 2015, 1st E.S., ch. 1, sec. 8, p. 11.]
(1) If a proceeding is brought under this chapter and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized.
(2) If a proceeding is brought under this chapter, and two or more child-support orders have been issued by tribunals of this state, another state or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls;
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:
(i) An order issued by a tribunal in the current home state of the child controls; or
(ii) If an order has not been issued in the current home state of the child, the order most recently issued controls;
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child-support order, which controls.
(3) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to sections 7-1043 through 7-1058, Idaho Code, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(5) The tribunal that issued the controlling order under subsection (1), (2) or (3) of this section has continuing jurisdiction to the extent provided in section 7-1009 or 7-1010, Idaho Code.
(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a) or (2)(b) or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section, shall state in that order:
(a) The basis upon which the tribunal made its determination;
(b) The amount of prospective support, if any; and
(c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided in section 7-1013, Idaho Code.
(7) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
[(7-1011) 7-1010, added 1994, ch. 207, sec. 2, p. 644; am. 1997, ch. 198, sec. 5, p. 560; am. and redesig. 2006, ch. 252, sec. 11, p. 770; am. 2015, 1st E.S., ch. 1, sec. 9, p. 12.]
In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
[(7-1012) 7-1011, added 1994, ch. 207, sec. 2, p. 644; am. and redesig. 2006, ch. 252, sec. 12, p. 771; am. 2015, 1st E.S., ch. 1, sec. 10, p. 13.]
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this state, another state or a foreign country.
[(7-1013) 7-1012, added 1994, ch. 207, sec. 2, p. 645; am. and redesig. 2006, ch. 252, sec. 13, p. 771; am. 2015, 1st E.S., ch. 1, sec. 11, p. 13.]
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 7-1031, Idaho Code, communicate with a tribunal outside this state pursuant to section 7-1032, Idaho Code, and obtain discovery through a tribunal outside this state pursuant to section 7-1033, Idaho Code. In all other respects, sections 7-1016 through 7-1058, Idaho Code, do not apply and the tribunal shall apply the procedural and substantive law of this state.
[7-1014, added 2006, ch. 252, sec. 14, p. 772; am. 2015, 1st E.S., ch. 1, sec. 12, p. 13.]
(1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(b) A responding tribunal to enforce or modify its own spousal support order.
[7-1015, added 2006, ch. 252, sec. 15, p. 772; am. 2015, 1st E.S., ch. 1, sec. 13, p. 13.]
(1) Except as otherwise provided in this chapter, sections 7-1016 through 7-1034, Idaho Code, apply to all proceedings under the provisions of this chapter.
(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
[(7-1016) 7-1013, added 1994, ch. 207, sec. 2, p. 645; am. 1997, ch. 198, sec. 6, p. 561; am. and redesig. 2006, ch. 252, sec. 16, p. 772; am. 2015, 1st E.S., ch. 1, sec. 14, p. 14.]
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
[(7-1017) 7-1014, added 1994, ch. 207, sec. 2, p. 645; am. and redesig. 2006, ch. 252, sec. 17, p. 773.]
Except as otherwise provided in this chapter, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
[(7-1018) 7-1015, added 1994, ch. 207, sec. 2, p. 645; am. and redesig. 2006, ch. 252, sec. 18, p. 773.]
(1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(a) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(2) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
[(7-1019) 7-1016, added 1994, ch. 207, sec. 2, p. 645; am. 1997, ch. 198, sec. 7, p. 562; am. and redesig. 2006, ch. 252, sec. 19, p. 773; am. 2015, 1st E.S., ch. 1, sec. 15, p. 14.]
(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 7-1016(2), Idaho Code, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(a) Establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child;
(b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(c) Order income withholding;
(d) Determine the amount of any arrearages, and specify a method of payment;
(e) Enforce orders by civil or criminal contempt, or both;
(f) Set aside property for satisfaction of the support order;
(g) Place liens and order execution on the obligor’s property;
(h) Order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(i) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(j) Order the obligor to seek appropriate employment by specified methods;
(k) Award reasonable attorney’s fees and other fees and costs; and
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
[(7-1020) 7-1017, added 1994, ch. 207, sec. 2, p. 646; am. 1997, ch. 198, sec. 8, p. 562; am. and redesig. 2006, ch. 252, sec. 20, p. 774; am. 2015, 1st E.S., ch. 1, sec. 16, p. 14.]
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
[(7-1021) 7-1018, added 1994, ch. 207, sec. 2, p. 646; am. 1997, ch. 198, sec. 9, p. 563; am. and redesig. 2006, ch. 252, sec. 21, p. 775; am. 2015, 1st E.S., ch. 1, sec. 17, p. 15.]
(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.
[(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.]
(1) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
(2) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
[(7-1023) 7-1020, added 1994, ch. 207, sec. 2, p. 647; am. and redesig. 2006, ch. 252, sec. 23, p. 776; am. 2015, 1st E.S., ch. 1, sec. 19, p. 16.]
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
[(7-1024) 7-1021, added 1994, ch. 207, sec. 2, p. 647; am. and redesig. 2006, ch. 252, sec. 24, p. 776.]
(1) The central registry in the bureau of child support of the department of health and welfare is the state information agency under this chapter.
(2) The state information agency shall:
(a) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(c) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and
(d) Obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and social security.
[(7-1025) 7-1022, added 1994, ch. 207, sec. 2, p. 647; am. and redesig. 2006, ch. 252, sec. 25, p. 776; am. 2015, 1st E.S., ch. 1, sec. 20, p. 16.]
(1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 7-1027, Idaho Code, the petition or accompanying documents must provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
[(7-1026) 7-1023, added 1994, ch. 207, sec. 2, p. 648; am. and redesig. 2006, ch. 252, sec. 26, p. 777; am. 2015, 1st E.S., ch. 1, sec. 21, p. 17.]
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
[(7-1027) 7-1024, added 1994, ch. 207, sec. 2, p. 648; am. and redesig. 2006, ch. 252, sec. 27, p. 777.]
(1) The petitioner may not be required to pay a filing fee or other costs.
(2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
(3) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 7-1043 through 7-1058, Idaho Code, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
[(7-1028) 7-1025, added 1994, ch. 207, sec. 2, p. 648; am. 1997, ch. 198, sec. 11, p. 564; am. and redesig. 2006, ch. 252, sec. 28, p. 777; am. 2015, 1st E.S., ch. 1, sec. 22, p. 17.]
(1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
[(7-1029) 7-1026, added 1994, ch. 207, sec. 2, p. 649; am. and redesig. 2006, ch. 252, sec. 29, p. 778.]
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
[(7-1030) 7-1027, added 1994, ch. 207, sec. 2, p. 649; am. and redesig. 2006, ch. 252, sec. 30, p. 778.]
(1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
(2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(3) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(4) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(6) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
(9) The defense of immunity based upon the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
[(7-1031) 7-1028, added 1994, ch. 207, sec. 2, p. 649; am. and redesig. 2006, ch. 252, sec. 31, p. 778; am. 2015, 1st E.S., ch. 1, sec. 23, p. 18.]
A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
[(7-1032) 7-1029, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 32, p. 779; am. 2015, 1st E.S., ch. 1, sec. 24, p. 18.]
A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
[(7-1033) 7-1030, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 33, p. 779; am. 2015, 1st E.S., ch. 1, sec. 25, p. 19.]
(1) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(b) Issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(3) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (2) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
[(7-1034) 7-1031, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 34, p. 779; am. 2015, 1st E.S., ch. 1, sec. 26, p. 19.]
(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(a) The individual seeking the order resides outside this state; or
(b) The support enforcement agency seeking the order is located outside this state.
(2) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(a) A presumed father of the child;
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic testing;
(d) An alleged father who has declined to submit to genetic testing;
(e) Shown by clear and convincing evidence to be the father of the child;
(f) An acknowledged father as provided by section 7-1106, Idaho Code;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 7-1020, Idaho Code.
[(7-1035) 7-1032, added 1994, ch. 207, sec. 2, p. 650; am. and redesig. 2006, ch. 252, sec. 35, p. 780; am. 2015, 1st E.S., ch. 1, sec. 27, p. 19.]
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this act or a law or procedure substantially similar to this act.
[7-1035A, added 2015, 1st E.S., ch. 1, sec. 28, p. 20.]
An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under the provisions of chapter 12, title 32, Idaho Code, without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
[(7-1036) 7-1033, added 1994, ch. 207, sec. 2, p. 650; am. 1997, ch. 198, sec. 12, p. 564; am. and redesig. 2006, ch. 252, sec. 36, p. 781.]
(1) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.
(2) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(3) Except as otherwise provided in subsection (4) of this section and section 7-1038, Idaho Code, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(a) The duration and amount of periodic payments of current child support, stated as a sum certain;
(b) The person designated to receive payments and the address to which the payments are to be forwarded;
(c) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;
(d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(4) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:
(a) The employer’s fee for processing an income-withholding order;
(b) The maximum amount permitted to be withheld from the obligor’s income; and
(c) The time periods within which the employer must implement the withholding order and forward the child support payment.
[(7-1037) 7-1034, added 1997, ch. 198, sec. 13, p. 565; am. and redesig. 2006, ch. 252, sec. 37, p. 781.]
If an obligor’s employer receives two (2) or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two (2) or more child support obligees.
[(7-1038) 7-1035, added 1997, ch. 198, sec. 14, p. 565; am. and redesig. 2006, ch. 252, sec. 38, p. 781.]
An employer that complies with an income-withholding order issued in another state in accordance with sections 7-1036 through 7-1042, Idaho Code, is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
[(7-1039) 7-1036, added 1997, ch. 198, sec. 15, p. 566; am. and redesig. 2006, ch. 252, sec. 39, p. 782; am. 2015, 1st E.S., ch. 1, sec. 29, p. 20.]
An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
[(7-1040) 7-1037, added 1997, ch. 198, sec. 16, p. 566; am. and redesig. 2006, ch. 252, sec. 40, p. 782; am. 2015, 1st E.S., ch. 1, sec. 30, p. 20.]
(1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in sections 7-1043 through 7-1057, Idaho Code, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to the obligee;
(b) Each employer that has directly received an income-withholding order relating to the obligor; and
(c) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
[(7-1041) 7-1038, added 1997, ch. 198, sec. 17, p. 566; am. and redesig. 2006, ch. 252, sec. 41, p. 782.]
(1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
[(7-1042) 7-1039, 7-1034, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 18, p. 566; am. and redesig. 2006, ch. 252, sec. 42, p. 782; am. 2015, 1st E.S., ch. 1, sec. 31, p. 20.]
A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
[(7-1043) 7-1040, 7-1035, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 19, p. 567; am. and redesig. 2006, ch. 252, sec. 43, p. 783; am. 2015, 1st E.S., ch. 1, sec. 32, p. 20.]
(1) Except as otherwise provided in section 7-1064, Idaho Code, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the district court in this state:
(a) A letter of transmittal to the tribunal requesting registration and enforcement;
(b) Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor’s address and social security number;
(ii) The name and address of the obligor’s employer and any other source of income of the obligor; and
(iii) A description and the location of property of the obligor in this state not exempt from execution; and
(e) Except as otherwise provided in section 7-1027, Idaho Code, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(4) If two or more orders are in effect, the person requesting registration shall:
(a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(b) Specify the order alleged to be the controlling order, if any; and
(c) Specify the amount of consolidated arrears, if any.
(5) A request for determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
[(7-1044) 7-1041, 7-1036, added 1994, ch. 207, sec. 2, p. 651; am. and redesig. 1997, ch. 198, sec. 20, p. 567; am. and redesig. 2006, ch. 252, sec. 44, p. 783; am. 2015, 1st E.S., ch. 1, sec. 33, p. 20.]
(1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
[(7-1045) 7-1042, 7-1037, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 21, p. 567; am. and redesig. 2006, ch. 252, sec. 45, p. 784; am. 2015, 1st E.S., ch. 1, sec. 34, p. 21.]
(1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs:
(a) The nature, extent, amount, and duration of current payments under a registered support order;
(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(c) The existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
[(7-1046) 7-1043, 7-1038, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 22, p. 568; am. and redesig. 2006, ch. 252, sec. 46, p. 784; am. 2015, 1st E.S., ch. 1, sec. 35, p. 21.]
(1) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(2) A notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under section 7-1065, Idaho Code;
(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(d) Of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice must also:
(a) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(b) Notify the nonregistering party of the right to a determination of which is the controlling order;
(c) State that the procedures provided in subsection (2) of this section apply to the determination of which is the controlling order; and
(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the provisions of chapter 12, title 32, Idaho Code.
[(7-1047) 7-1044, 7-1039, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 23, p. 568; am. and redesig. 2006, ch. 252, sec. 47, p. 784; am. 2015, 1st E.S., ch. 1, sec. 36, p. 22.]
(1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 7-1047, Idaho Code. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 7-1049, Idaho Code.
(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the support registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
[(7-1048) 7-1045, 7-1040, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 24, p. 568; am. and redesig. 2006, ch. 252, sec. 48, p. 785; am. 2015, 1st E.S., ch. 1, sec. 37, p. 23.]
(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, or modified by a later order;
(d) The issuing tribunal has stayed the order pending appeal;
(e) There is a defense under the law of this state to the remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation under section 7-1046, Idaho Code, precludes enforcement of some or all of the alleged arrearages; or
(h) The alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under subsection (1) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
[(7-1049) 7-1046, 7-1041, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 25, p. 569; am. and redesig. 2006, ch. 252, sec. 49, p. 785; am. 2015, 1st E.S., ch. 1, sec. 38, p. 23.]
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
[(7-1050) 7-1047, 7-1042, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 26, p. 569; am. and redesig. 2006, ch. 252, sec. 50, p. 786; am. 2015, 1st E.S., ch. 1, sec. 39, p. 23.]
A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in sections 7-1043 through 7-1050, Idaho Code, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
[(7-1051) 7-1048, 7-1043, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 27, p. 570; am. and redesig. 2006, ch. 252, sec. 51, p. 786; am. 2015, 1st E.S., ch. 1, sec. 40, p. 23.]
A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 7-1053 or 7-1055, Idaho Code, have been met.
[(7-1052) 7-1049, 7-1044, added 1994, ch. 207, sec. 2, p. 653; am. and redesig. 1997, ch. 198, sec. 28, p. 570; am. and redesig. 2006, ch. 252, sec. 52, p. 786; am. 2015, 1st E.S., ch. 1, sec. 41, p. 24.]
(1) If section 7-1055, Idaho Code, does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(a) The following requirements are met:
(i) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks modification; and
(iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under section 7-1011, Idaho Code, establishes the aspects of the support order which are nonmodifiable.
(4) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(5) On the issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(6) Notwithstanding subsections (1) through (5) of this section and section 7-1005(1)(b), Idaho Code, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(a) One party resides in another state; and
(b) The other party resides outside the United States.
[(7-1053) 7-1050, 7-1045, added 1994, ch. 207, sec. 2, p. 654; am. and redesig. 1997, ch. 198, sec. 29, p. 570; am. and redesig. 2006, ch. 252, sec. 53, p. 787; am. 2015, 1st E.S., ch. 1, sec. 42, p. 24.]
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
[(7-1054) (7-1051) 7-1046, added 1994, ch. 207, sec. 2, p. 654; am. and redesig. 1997, ch. 198, sec. 30, p. 571; am. and redesig. 2006, ch. 252, sec. 54, p. 788.]
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child-support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of sections 7-1001 through 7-1015 and sections 7-1043 through 7-1057, Idaho Code, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 7-1016 through 7-1042, Idaho Code, and sections 7-1072 and 7-1073, Idaho Code, do not apply.
[(7-1055) 7-1052, added 1997, ch. 198, sec. 31, p. 571; am. and redesig. 2006, ch. 252, sec. 55, p. 788; am. 2015, 1st E.S., ch. 1, sec. 43, p. 25.]
Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
[(7-1056) 7-1053, added 1997, ch. 198, sec. 32, p. 572; am. and redesig. 2006, ch. 252, sec. 56, p. 788.]
(1) Except as otherwise provided in section 7-1069, Idaho Code, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to section 7-1053, Idaho Code, has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(2) An order issued by a tribunal of this state modifying a foreign child-support order pursuant to this section is the controlling order.
[7-1057, added 2006, ch. 252, sec. 57, p. 789; am. 2015, 1st E.S., ch. 1, sec. 44, p. 25.]
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this state under sections 7-1043 through 7-1050, Idaho Code, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
[7-1058, added 2015, 1st E.S., ch. 1, sec. 46, p. 25.]
As used in sections 7-1059 through 7-1071, Idaho Code:
(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in section 7-1002(5)(d), Idaho Code, to perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in section 7-1002(5)(d), Idaho Code.
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in section 7-1002(5)(d), Idaho Code, to perform the functions specified in the convention.
(6) "Foreign support agreement" means:
(a) An agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
Authenticated by, or concluded, registered or filed with a foreign tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(b) Includes a maintenance arrangement or authentic instrument under the convention.
(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
[7-1059,added 2015, 1st E.S., ch. 1, sec. 47, p. 26.]
Sections 7-1059 through 7-1071, Idaho Code, apply only to a support proceeding under the convention. In such a proceeding, if a provision of sections 7-1059 through 7-1071, Idaho Code, is inconsistent with sections 7-1001 through 7-1058, Idaho Code, sections 7-1059 through 7-1071, Idaho Code, control.
[7-1060, added 2015, 1st E.S., ch. 1, sec. 48, p. 26.]
The Idaho department of health and welfare is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
[7-1061, added 2015, 1st E.S., ch. 1, sec. 49, p. 26.]
(1) In a support proceeding under sections 7-1059 through 7-1071, Idaho Code, the department of health and welfare shall:
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the convention:
(a) Recognition or recognition and enforcement of a foreign support order;
(b) Enforcement of a support order issued or recognized in this state;
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) Establishment of a support order if recognition of a foreign support order is refused under section 7-1066(2)(b), (d) or (i), Idaho Code;
(e) Modification of a support order of a tribunal of this state; and
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) Modification of a support order of a tribunal of this state; and
(c) Modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
[7-1062, added 2015, 1st E.S., ch. 1, sec. 50, p. 26.]
(1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 7-1064 through 7-1071, Idaho Code, apply.
(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(a) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4) A petitioner filing a direct request is not entitled to assistance from the department of health and welfare.
(5) Sections 7-1059 through 7-1071, Idaho Code, do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
[7-1063, added 2015, 1st E.S., ch. 1, sec. 51, p. 27.]
(1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in sections 7-1043 through 7-1058, Idaho Code.
(2) Notwithstanding sections 7-1026 and 7-1044(1), Idaho Code, a request for registration of a convention support order must be accompanied by:
(a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague conference on private international law;
(b) A record stating that the support order is enforceable in the issuing country;
(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(d) A record showing the amount of arrears, if any, and the date the amount was calculated;
(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 7-1065, Idaho Code, only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
[7-1064, added 2015, 1st E.S., ch. 1, sec. 52, p. 27.]
(1) Except as otherwise provided in sections 7-1059 through 7-1071, Idaho Code, sections 7-1047 through 7-1050, Idaho Code, apply to a contest of a registered convention support order.
(2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered convention support order may be based only on grounds set forth in section 7-1066, Idaho Code. The contesting party bears the burden of proof.
(5) In a contest of a registered convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
[7-1065, added 2015, 1st E.S., ch. 1, sec. 53, p. 28.]
(1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered convention support order.
(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with section 7-1005, Idaho Code;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with section 7-1064, Idaho Code, lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(i) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(ii) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) The order was made in violation of section 7-1069, Idaho Code.
(3) If a tribunal of this state does not recognize a convention support order under subsection (2)(b), (d), or (i) of this section:
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(b) The department of health and welfare shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under section 7-1062, Idaho Code.
[7-1066, added 2015, 1st E.S., ch. 1, sec. 54, p. 29.]
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
[7-1067, added 2015, 1st E.S., ch. 1, sec. 55, p. 29.]
(1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(3) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(d) The record submitted under subsection (2) of this section lacks authenticity or integrity.
(5) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
[7-1068, added 2015, 1st E.S., ch. 1, sec. 56, p. 30.]
(1) A tribunal of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a convention child-support order because the order is not recognized in this state, section 7-1066(3), Idaho Code, applies.
[7-1069, added 2015, 1st E.S., ch. 1, sec. 57, p. 30.]
Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.
[7-1070, added 2015, 1st E.S., ch. 1, sec. 58, p. 30.]
A record filed with a tribunal of this state under sections 7-1059 through 7-1071, Idaho Code, must be in the original language and, if not in English, must be accompanied by an English translation.
[7-1071, added 2015, 1st E.S., ch. 1, sec. 59, p. 31.]
(1) For purposes of sections 7-1072 and 7-1073, Idaho Code, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
[(7-1072) 7-1059, 7-1055, 7-1048, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 34, p. 572; am. and redesig. 2006, ch. 252, sec. 59, p. 789; am. and redesig. 2015, 1st E.S., ch. 1, sec. 60, p. 31.]
(1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
[(7-1073) 7-1060, 7-1056, 7-1049, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 35, p. 572; am. and redesig. 2006, ch. 252, sec. 60, p. 790; am. and redesig. 2015, 1st E.S., ch. 1, sec. 61, p. 31.]
In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[(7-1074) 7-1061, 7-1057, 7-1050, added 1994, ch. 207, sec. 2, p. 655; am. and redesig. 1997, ch. 198, sec. 36, p. 573; am. and redesig. 2006, ch. 252, sec. 61, p. 790; also new section 7-1057 added 2006, ch. 252, sec. 57, p. 789; am. and redesig. 2015, 1st E.S., ch. 1, sec. 62, p. 32.]
This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered.
[7-1075, added 2015, 1st E.S., ch. 1, sec. 63, p. 32.]
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
[(7-1076) (7-1062) (7-1059) 7-1052, added 1994, ch. 207, sec. 2, p. 656; am. and redesig. 1997, ch. 198, sec. 38, p. 573; am. and redesig. 2006, ch. 252, sec. 62, p. 790; am. and redesig. 2015, ch. 1, sec. 64, p. 32.]
This act shall be known as the Paternity Act.
[7-1101, added 1969, ch. 93, sec. 25, p. 318.]
The district courts shall have exclusive original jurisdiction in proceedings to establish paternity and, in any such proceeding in which it makes a finding of paternity, to order support and determine custody, as set forth in this act.
[7-1102, added 1969, ch. 93, sec. 1, p. 318.]
When used in this act:
(1) The phrase "child conceived or born out of wedlock" refers to a child who is conceived outside of lawful matrimony but has not yet been born or who is begotten and born outside of lawful matrimony.
(2) The word "child" refers to child conceived or born out of wedlock.
(3) The word "mother" refers to the mother of a child conceived or born out of wedlock.
(4) The word "father" refers to the biological father of a child conceived or born out of wedlock.
(5) The word "court" refers to the district court which is hearing the cause.
[7-1103, added 1969, ch. 93, sec. 2, p. 318; am. 1988, ch. 132, sec. 1, p. 235; am. 2019, ch. 295, sec. 1, p. 876.]
After an order of filiation has been made as herein provided, the legal status and legal relationships and the rights and obligations between a person and his descendants, and between a person and his parents, their descendants and kindred, are the same for all persons, whether or not the parents have been married.
[7-1104, added 1969, ch. 93, sec. 3, p. 318.]
Each parent of a child conceived or born out of wedlock is liable for the necessary support and education of the child and for the child’s funeral expenses. If a parent dies, an order of support or a judicially approved settlement made prior to that parent’s death shall be enforceable as a claim against the deceased parent’s estate in an amount to be determined by the probate court not greater than is provided in the order of settlement, having regard to the age of the child, the ability of the surviving parent to support and educate it, the amount of property left by the deceased parent, and the number, age and financial condition of those other persons legally entitled to support by the deceased parent during his or her lifetime.
[7-1105, added 1969, ch. 93, sec. 4, p. 318; am. 2019, ch. 295, sec. 2, p. 876.]
(1) A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics unit of the department of health and welfare. If the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if it is accompanied by a voluntary acknowledgment of paternity signed and notarized by the mother and the alleged father. Any party executing an acknowledgment of paternity or affidavit of nonpaternity may file a notarized rescission of such with the vital statistics unit within the earlier of:
(a) Sixty (60) days after the acknowledgment is filed; or
(b) The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
Such rescission shall be effective upon filing with the vital statistics unit. The vital statistics unit shall notify the other party or parties of the rescission by certified mail.
(2) After the period for rescission, an executed acknowledgment of paternity may be challenged only in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the party challenging the acknowledgment. The legal responsibilities, including the obligation to pay child support, of any party to the acknowledgment shall not be stayed except for good cause shown.
(3) The court may enter an order for the support of a child upon execution of a voluntary acknowledgment without further proceedings to establish paternity.
(4) The director shall prescribe forms for acknowledgment of paternity, affidavits of nonpaternity, and rescission thereof, and the board of health and welfare may promulgate such rules as are necessary to prescribe forms and establish fees to recover costs of maintaining such system.
[7-1106, added 1969, ch. 93, sec. 5, p. 318; am. 1988, ch. 132, sec. 2, p. 235; am. 1994, ch. 237, sec. 1, p. 746; am. 1995, ch. 234, sec. 1, p. 791; am. 1996, ch. 49, sec. 1, p. 144; am. 1998, ch. 106, sec. 1, p. 363.]
(1) Except as provided in section 16-1504(10), Idaho Code, a proceeding to establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child but must be instituted before the child reaches the age of majority as defined in section 32-101, Idaho Code.
(2) This section shall apply retroactively and is for the benefit of any dependent child, whether conceived or born before or after the effective date of this act and regardless of the past or current marital status of the parents.
[7-1107, added 1985, ch. 159, sec. 4, p. 422; am. 1986, ch. 221, sec. 1, p. 584; am. 2013, ch. 138, sec. 1, p. 323; am. 2019, ch. 295, sec. 3, p. 877; am. 2020, ch. 330, sec. 2, p. 955.]
If, after the action is commenced, the mother dies or is judicially determined an incompetent, the proceeding does not abate but may be continued by her executor, administrator, guardian, or such other personal representative as may be appointed by any court of competent jurisdiction.
[7-1108, added 1969, ch. 93, sec. 7, p. 318.]
Proceedings to establish paternity may be originated in the county where the mother or child resides or is found or in the county where the putative father resides or is found. The fact that the child was born outside of the state of Idaho does not bar a proceeding to establish paternity in the county where the putative father resides or is found or in the county where the mother resides or the child is found.
[7-1109, added 1969, ch. 93, sec. 8, p. 318.]
Proceedings to establish the paternity of the child and to compel support under this act may be commenced by the mother, whether a minor or not, or by the child’s guardian or other person standing in a paternal relation or being the next of kin of the child, or by the department of health and welfare on behalf of a child for whom services are being provided under Title IV-D of the social security act.
[7-1110, added 1969, ch. 93, sec. 9, p. 318; am. 1978, ch. 151, sec. 1, p. 333; am. 1995, ch. 234, sec. 2, p. 792.]
(1) Proceedings are commenced by either the filing of a verified voluntary acknowledgment of parentage executed by both the mother and father of the child; or by the filing of a verified complaint, alleging that the person named as defendant is the father of the child and petitioning the court to issue a summons. The service of summons, the complaint, and all pleadings shall be in accordance with the Idaho rules of civil procedure.
(2) A voluntary acknowledgment of parentage may be executed by the mother, whether a minor or not, and the father, whether a minor or not, and regardless of the marital status of the mother or father. The acknowledgment shall be verified by both the mother and the father.
[7-1111, added 1969, ch. 93, sec. 10, p. 318; am. 1988, ch. 132, sec. 3, p. 236.]
The court may issue a warrant, directing the defendant be arrested and brought before the court, when a petition is presented to the court to commence the proceedings and it appears that:
(1) the summons cannot be served; or
(2) the defendant has failed to obey the summons; or
(3) the defendant is likely to leave the jurisdiction; or
(4) a summons, in the court’s opinion, would be ineffectual; or
(5) the safety of the plaintiff is endangered; or
(6) a defendant on bail or on parole has failed to appear.
[7-1112, added 1969, ch. 93, sec. 11, p. 318.]
The court before whom the defendant is taken under the preceding section may require an undertaking to appear or in default thereof may place the defendant in custody.
[7-1113, added 1969, ch. 93, sec. 12, p. 318.]
The trial shall be by the court without a jury. If the mother is married both she and her husband may testify to nonaccess. If the defendant shall offer testimony of access by others at or about the time charged in the complaint, such testimony shall not be competent or sufficient to base a finding of access unless corroborated by other acts and circumstances tending to prove such access.
[7-1114, added 1969, ch. 93, sec. 13, p. 318.]
Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to:
(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception;
(2) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy;
(3) The statistical probability of the alleged father’s paternity based upon the genetic tests; or
(4) Medical, scientific or genetic evidence relating to the alleged father’s paternity of the child based on tests performed by experts; or
(5) A voluntary acknowledgment of paternity executed under section 7-1106, Idaho Code.
[7-1115, added 1982, ch. 127, sec. 2, p. 364; am. 1995, ch. 234, sec. 3, p. 792.]
(1) The court may, and upon request of a party shall, require the child, mother, alleged father, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. The department of health and welfare may order or the individuals may voluntarily agree to such tests. The tests shall be performed by an expert qualified as an examiner of genetic markers. Verified documentation of the chain of custody of the genetic evidence is competent evidence to establish chain of custody. A verified expert’s report prepared by a laboratory approved by the American association of blood banks or other accreditation body shall be admitted at trial unless a challenge to the testing procedures or the genetic analysis has been made twenty-one (21) days before trial. The genetic test report must be served upon the defendant party with the complaint or as soon as it is obtained, and in any event at least twenty-eight (28) days before a trial together with a notice that the genetic test will be admitted unless a challenge to the testing procedures or the genetic analysis has been made by a party at least twenty-one (21) days before trial. A genetic test result with a probability of paternity of at least ninety-eight percent (98%) shall create a rebuttable presumption of paternity.
(2) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of genetic markers present on blood cells and components. Additional tests performed by other experts of the same qualifications may be ordered by the court at the expense of the party requesting additional testing.
(3) In all cases, the court shall determine the number and qualifications of the experts.
(4) The requesting party shall pay the expense of genetic testing; however, the cost of genetic testing shall be recovered by the prevailing party in the action.
(5) Whenever the results of the tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. The refusal of any party to submit to the genetic tests shall be disclosed to the court and is subject to the sanctions within the jurisdiction of the court. If the action was brought by the child’s mother, but she refuses to submit herself or the child to genetic tests, the action shall be dismissed.
(6) Any party calling a male witness for the purpose of testifying that he had sexual intercourse with the mother at any possible time of conception shall provide all other parties with the name and address of the witness twenty (20) days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection, but the party calling the witness failed to provide the twenty (20) day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith.
(7) Any individual may object to such an order of the department of health and welfare by filing an objection with the court.
[7-1116, added 1982, ch. 127, sec. 3, p. 365; am. 1994, ch. 237, sec. 2, p. 747; am. 1995, ch. 234, sec. 4, p. 792; am. 1996, ch. 49, sec. 2, p. 145; am. 1997, ch. 195, sec. 1, p. 552.]
The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of any party be paid by the county, and that, after payment by the parties or the county or both, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action.
[7-1117, added 1969, ch. 93, sec. 16, p. 318.]
If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the defendant is not the father of the child, the question of paternity shall be resolved accordingly, and the action shall be dismissed with costs awarded to the defendant. If the experts disagree in their findings or conclusions, the action shall proceed.
[7-1118, added 1969, ch. 93, sec. 17, p. 318.]
The presumption of legitimacy of a child born during wedlock is overcome by:
(1) Genetic tests which show that the husband is not the father of the child; or
(2) An affidavit of nonpaternity signed by the natural mother and her husband and an affidavit of paternity signed by the natural mother and natural father.
[7-1119, added 1969, ch. 93, sec. 18, p. 318; am. 1995, ch. 234, sec. 5, p. 793.]
If the court finds the defendant is the father of the child, it shall make an order of filiation, declaring paternity.
[7-1120, added 1969, ch. 93, sec. 19, p. 318.]
(1) In a proceeding in which the court has made an order of filiation, the court may direct a father possessed of sufficient means or able to earn such means to pay monthly or at other fixed periods a fair and reasonable sum for the support and education of the child until the child is eighteen (18) years of age. If the child continues his high school education subsequent to reaching the age of eighteen (18) years, the court may, in its discretion, order the continuation of support payments until the child discontinues his high school education or reaches the age of nineteen (19) years, whichever is sooner.
(2) The order of filiation may direct the father to pay or reimburse amounts paid for the support of the child prior to the date of the order of filiation and may also direct him to pay or reimburse amounts paid for: (a) the funeral expenses if the child has died; (b) the necessary expenses incurred by or for the mother in connection with her confinement and recovery; and (c) such expenses in connection with the pregnancy of the mother as the court may deem proper.
(3) If the father is a minor at the time the order is entered, the order shall continue in effect as a valid order after the father reaches majority, and cannot be disaffirmed by the minor himself or personal representatives.
(4) Upon the receipt of a genetic test result with a probability of paternity of at least ninety-eight percent (98%) the court shall, upon motion by a party, order temporary support for the child pending a final order of paternity and support. The support shall be in accordance with the Idaho child support guidelines.
(5) All child support orders shall notify the obligor 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. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.
[7-1121, added 1969, ch. 93, sec. 20, p. 318; am. 1986, ch. 222, sec. 6, p. 606; am. 1988, ch. 132, sec. 4, p. 236; am. 1990, ch. 361, sec. 2, p. 975; am. 1990, ch. 410, sec. 2, p. 1138; am. 1996, ch. 49, sec. 3, p. 146; am. 1997, ch. 197, sec. 1, p. 555; am. 1998, ch. 292, sec. 2, p. 930.]
(1) The court may require the payment to be made to the mother or to some person or corporation designated by the court as trustee. If the child is likely to become a public charge on a county or city, the public assistance official of that county or city shall be designated as trustee. If the mother does not reside within the county in which the court is located, the court shall direct payment to be made to a trustee.
(2) The trustee shall report to the court annually or more often, as the court may direct, the amounts received and paid over.
[7-1122, added 1969, ch. 93, sec. 21, p. 318.]
The court, on motion of the plaintiff or otherwise, may at any time for good cause shown substitute another trustee for the one designated and acting.
[7-1123, added 1969, ch. 93, sec. 22, p. 318.]
A voluntary acknowledgment of paternity or a determination of paternity by a court or administrative body of any state must be accepted as determinative by the courts of this state and shall be entitled to full faith and credit.
[7-1124, added 1994, ch. 237, sec. 3, p. 748.]
There shall be no right to a jury trial in proceedings under this chapter.
[7-1125, added 1996, ch. 49, sec. 4, p. 147.]
In any proceeding to determine custody under the provisions of this chapter, the court shall apply sections 32-717 through 32-717E, Idaho Code. However, the court shall not consider whether or not the mother or father did or did not voluntarily consent to the adoption of the child or to the relinquishment of parental rights in determining best interest of the child.
[7-1126, added 2013, ch. 138, sec. 2, p. 323.]
The legislature of the state of Idaho finds that a significant number of people who are owed child support are not paid in accordance with the terms of their child support orders; that this causes a severe financial hardship upon custodial parents and constitutes a significant detriment to the rearing and support of minor children whom the orders intended to support. Further, P.L. 98-378 requires each state to implement statutorily prescribed procedures to improve the effectiveness of child support enforcement. Although the department of health and welfare does not have the authority to establish support orders administratively, the act as amended in 1988 enables the department to give full faith and credit to all legally enforceable support orders issued by other states. The collection remedies required by federal law are enacted in section 7-1203, Idaho Code.
[7-1201, added 1985, ch. 159, sec. 1, p. 418; am. 1988, ch. 294, sec. 3, p. 935.]
As used in this chapter:
(1) "Child support" means a legally enforceable obligation assessed against an individual for the support of a child which shall include medical care, including health insurance premiums for the child, and any amount owing under an order for support during a period in which public assistance was expended.
(2) "Delinquency" means unpaid support for a minor child or spouse which has accrued under an order.
(3) "Department" means the department of health and welfare.
(4) "Obligee" means any person, state agency or bureau entitled by order to receive child support payments or child and spousal support payments.
(5) "Obligor" means any person obligated by order to pay child or spousal support.
(6) "Order" means a judgment, decree, order, or administrative ruling directing a person or persons to pay money for support of a minor child or a spouse.
(7) "Income" means any form of payment to an individual, regardless of source, including, but not limited to, wages, salary, commission, compensation as an independent contractor, worker’s compensation, disability, veteran’s annuity and retirement benefits, and any other payments made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by a public act.
[7-1202, added 1985, ch. 159, sec. 1, p. 418; am. 1986, ch. 221, sec. 10, p. 591; am. 1988, ch. 294, sec. 1, p. 933; am. 1990, ch. 92, sec. 1, p. 192; am. 1993, ch. 335, sec. 6, p. 1252; am. 1993, ch. 335, sec. 13, p. 1262; am. 1994, ch. 308, sec. 1, p. 964; am. 1998, ch. 207, sec. 1, p. 733.]
In addition to other remedies available to the department or obligee, collection of any delinquency from an obligor on behalf of an obligee shall be accomplished through any of the following means:
(1) The department shall intercept and withhold tax refunds to satisfy child support obligations pursuant to section 56-203D, Idaho Code.
(2) The department shall intercept and withhold a portion of any unemployment benefit payable to an obligor pursuant to section 72-1365, Idaho Code.
(3) The department shall administer a program to withhold a portion of an obligor’s income for the benefit of the obligee pursuant to chapter 12, title 32, Idaho Code.
(4) The department shall intercept and withhold a portion of any veteran’s benefits payable to an obligor pursuant to state or federal law.
(5) The department shall attach, garnish, or intercept and withhold a portion of any worker’s compensation benefits which are payable to an obligor pursuant to title 72, Idaho Code.
(6) The department shall intercept and retain any support to reimburse the department for foster care assistance payments, as well as the care and placement of the child in foster care.
(7) The department shall charge fees to compensate the department for services rendered in establishment or enforcement of support obligations, including:
(a) A twenty-five dollar ($25.00) application fee paid in advance of any services;
(b) A twenty-five dollar ($25.00) fee to be deducted each time child support is collected as a result of an income tax offset; and
(c) A thirty-five dollar ($35.00) annual service fee for each case in which the department has collected and disbursed at least five hundred fifty dollars ($550) of support in the federal fiscal year.
[7-1203, added 1985, ch. 159, sec. 1, p. 419; am. 1986, ch. 221, sec. 11, p. 592; am. 1998, ch. 207, sec. 2, p. 734; am. 2025, ch. 201, sec. 1, p. 912.]
(1) Upon a delinquency under a child support order for which the department is or has been providing child support enforcement services, a lien arises upon and attaches to the real and personal property of an obligor. When the amount of the lien is equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less, the lien may be perfected by a filing with the office of the secretary of state. A perfected lien shall include all subsequently arising delinquencies. When a lien has been perfected pursuant to this section and the underlying delinquency reaches a zero balance or is otherwise satisfied, the lien is automatically released. Any support order or decree issued or modified after the effective date of this act shall include a provision notifying the obligor that a lien will arise automatically upon a delinquency. A notice of release of lien shall be filed pursuant to section 45-1908, Idaho Code.
(2) A lien arising out of a child support order or delinquency under the laws of another state shall be given full faith and credit as if the lien arose out of a child support order or delinquency under Idaho law.
(3) The department shall notify each obligor by certified mail of the filing of the lien at the same time the notice is delivered to the secretary of state. No such lien may be enforced until ten (10) days after notice of the filing of the lien has been given to the obligor.
(4) The department shall notify consumer reporting agencies of any non-custodial parent who owes overdue support exceeding two thousand dollars ($2,000) and is at least three (3) months in arrears after the court order is finalized. Notice shall be provided to the non-custodial parent prior to the report being made, including the methods available for contesting the accuracy of the information.
[7-1206, added 1998, ch. 207, sec. 4, p. 735; am. 2025, ch. 201, sec. 2, p. 913.]
This chapter shall be known as the "Judicial Confirmation Law."
[7-1301, added 1988, ch. 219, sec. 1, p. 414.]
The legislature of the state of Idaho determines, finds and declares in connection with this chapter:
(1) An early judicial examination into and determination of the validity of the power of any political subdivision to issue bonds or obligations and execute any agreements or security instruments therefor promotes the health, safety and welfare of the people of the state.
(2) The provision in this chapter of the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining to issuance of bonds or execution of obligations by political subdivisions will serve a public function and effect a public purpose.
(3) Any notice provided for in this chapter is reasonably calculated to inform each person of interest in any proceedings thereunder which may directly and adversely affect his legally protected interests, if any.
(4) Any act prior to or subsequent to the effective date of this chapter may be confirmed pursuant to this chapter.
[7-1302, added 1988, ch. 219, sec. 1, p. 414; am. 1996, ch. 235, sec. 1, p. 763.]
Except where the context otherwise requires, the definitions in this section govern the construction of the judicial confirmation law. All other words should be given their ordinary and customary meaning.
(1) "Agreement" means any agreement or contract between a political subdivision and individuals, corporations, or any other political subdivision or public agency as authorized by section 67-2328, Idaho Code, relating to bonds or obligations of the political subdivision.
(2) "Bond" means any agreement, which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of any political subdivision or a fund thereof, where the political subdivision agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers.
(3) "Executive officer" means the de jure or de facto governor of this state, mayor, chairman, president or other titular head or chief official of the political subdivision proceeding under this chapter, but "executive officer" does not include a city manager, county manager or other chief administrator of a political subdivision who is not its elected head.
(4) "Governing body" means:
(a) The state commission or state board responsible for the exercise of a power by the state or responsible for an instrument, act or project of the state to which court proceedings authorized by this chapter and initiated by the state pertain; and
(b) The city council, board of commissioners, board of trustees, board of directors, board of regents or other legislative body of a political subdivision under this chapter.
Governing body does not include the legislature of the state of Idaho if the political subdivision is the state or any corporation, instrumentality or other agency thereof.
(5) "Obligation" means an agreement that evidences an indebtedness of any political subdivision, other than a bond, and includes, but is not limited to, conditional sales contracts, lease obligations, and promissory notes.
(6) "Political subdivision" means the state of Idaho, or any corporation, instrumentality or other agency thereof, or any incorporated city, or any county, school district, water and/or sewer district, drainage district, special purpose district or other corporate district constituting a political subdivision of this state, any quasi-municipal corporation, housing authority, urban renewal authority, other type of authority, any college or university, or any other body corporate and politic of the state of Idaho, but excluding the federal government.
(7) "Security instrument" means any contract, deed or other security or other document of any kind, proposed, or executed or otherwise made as security for bonds or obligations issued by a political subdivision.
[7-1303, added 1988, ch. 219, sec. 1, p. 415.]
(1) In its discretion the governing body of a political subdivision may file or cause to be filed a petition at any time in the judicial district court in and for the district in which the political subdivision is located wholly or in part, praying a judicial examination and determination of the validity of any bond or obligation or of any agreement or security instrument related thereto, of the political subdivision, whether or not such bond or obligation agreement has been validly exercised, or executed. The filing of the petition shall have been authorized by the governing body having adopted a resolution or ordinance authorizing such filing after conducting a public hearing as defined in subsection (3) of this section.
(2) Such petition shall make a clear statement of the legal authority for the proposed expenditure, shall set forth the facts on which the validity of such bond or obligation is founded and shall be verified by the executive officer of the political subdivision.
(3) Prior to the filing of the petition described in subsection (1) above, the governing body of a political subdivision shall hold a public hearing to consider whether it should adopt a resolution or ordinance authorizing the filing of the petition. Any person may make a request for notice of all meetings of the governing body of a political subdivision at which a public hearing will be held to consider a resolution or ordinance authorizing the filing of a petition described in subsection (1) of this section, by submitting to the governing body a written request for notice, which request shall be valid until December 31 of the year in which it was filed. The governing body of the political subdivision shall send a notice by certified mail to all persons who have requested notice, to the address provided in the request for notice, at least fourteen (14) days before the public hearing will be held, informing them of the time and place of the public hearing which will be held to consider the resolution or ordinance authorizing the filing of the petition. A petition or judgment approving a petition shall not be defective for failure to strictly comply with this notice provision if compliance with the notice requirement is substantial and in good faith. The public hearing shall be conducted at least fourteen (14) days prior to the adoption of the resolution or ordinance. At least fifteen (15) days prior to the date set for the public hearing, notice of the time, place and summary of the matter shall be published in the official newspaper, or papers of general circulation within the jurisdiction. The notice shall be in the form and content described in subsection (2) of section 7-1306, Idaho Code, but need be published only once.
[7-1304, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 1, p. 399; am. 1996, ch. 235, sec. 2, p. 764.]
The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this chapter.
[7-1305, added 1988, ch. 219, sec. 1, p. 416.]
(1) Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any instrument therein mentioned may be examined.
(2) The notice shall be served:
(a) By publication at least once a week for three (3) consecutive weeks by three (3) weekly insertions, in the official newspaper or papers of general circulation within the jurisdiction; the publication shall meet the following requirements: The notice shall be of a format and in such size and type that distinguishes it from legal notices. The notice shall be requested to run in the newspaper’s main news section, far forward, and the rate to be paid for advertising placed under this section shall be no more than the current rate card posted by the newspaper for similar forms of advertising in volume and frequency to that which is ordered, in order to meet the requirements of this section; provided, the rates and type requirements provided in section 60-105, Idaho Code, for public agency advertisements shall not apply to advertisements published under the requirements of this section; and
(b) By posting the same in a prominent place at or near the main door of the administrative office of the political subdivision at least thirty (30) days prior to the date fixed in the notice for the hearing on the petition.
(3) Jurisdiction shall be complete after such publication and posting.
[7-1306, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 2, p. 399.]
(1) Any owner of property, taxpayer, elector or rate payer, in the political subdivision or any other person interested in the bond, obligation or agreements or security instrument related thereto, or otherwise interested in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court.
(2) The petition shall be taken as confessed by all persons who fail to so appear.
[7-1307, added 1988, ch. 219, sec. 1, p. 416.]
(1) The filing of the petition and publication and posting of the notice as provided in section 7-1306, Idaho Code, shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and things affecting each question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants.
(2) In making the findings set forth in subsection (1) of this section, the court shall find upon what legal authority the political subdivision bases the petition for the proposed bond, obligation or agreement and whether such bond, obligation or agreement is permissible under the general laws of the state or is permissible as an ordinary and necessary expense of the political subdivision authorized by the general laws of the state and shall determine if the political subdivision is entitled to the relief sought. If in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to establish the truth of any averment by evidence or make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper.
[7-1308, added 1988, ch. 219, sec. 1, p. 416; am. 1994, ch. 173, sec. 3, p. 400; am. 1996, ch. 235, sec. 3, p. 765.]
Appeal of the judgment of the court may be had as in other civil cases, except that such appeal must be filed within forty-two (42) days after the time of the rendition of such judgment.
[7-1309, added 1988, ch. 219, sec. 1, p. 417; am. 1989, ch. 114, sec. 1, p. 259.]
(1) The Idaho rules of civil procedure shall govern in matters of pleadings and practice where not otherwise specified herein.
(2) The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.
(3) All cases in which there may arise a question of the validity of any matter under this chapter shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable time.
[7-1310, added 1988, ch. 219, sec. 1, p. 417.]
(1) This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers herein granted.
(2) The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed hereby shall not affect the powers conferred by, any other law.
(3) Nothing contained in this chapter shall be construed as preventing the exercise of any power granted to the political subdivision, acting by and through the governing body, or any officer, agent or employee of the political subdivision, or otherwise, by any other law.
(4) No part of this chapter shall repeal or affect any other law or part thereof, it being intended that this chapter shall provide a separate method of accomplishing its objectives and not an exclusive one; and this chapter shall not be construed as repealing, amending or changing any such other law.
[7-1311, added 1988, ch. 219, sec. 1, p. 417.]
If any provisions of this act or its application to any person, political subdivision, or circumstance is held invalid, the remainder of the act or the application of the provision to other persons, political subdivisions or circumstances is not affected.
[7-1312, added 1988, ch. 219, sec. 1, p. 417.]
Whenever a court shall determine that a political subdivision is not entitled to the relief sought or that this chapter has not been substantially complied with and enters a judgment denying the petition, the court shall award reasonable attorney fees to any owner of property, taxpayer, qualified elector or rate payor or any other interested person who has appeared and moved to dismiss or answer the petition.
[7-1313, added 1994, ch. 173, sec. 4, p. 401; am. 1996, ch. 235, sec. 4, p. 765.]
The legislature of the state of Idaho finds that the remedy of suspension of a wide variety of licenses is needed to increase the effectiveness of enforcement of child support orders, compliance with subpoenas in paternity and child support cases, and compliance with orders for visitation with minor children. The legislature intends that there be no exceptions to the licenses, as defined in this chapter, that are the subject of suspension, in order to promote the well-being of Idaho’s children.
[7-1401 added 1996, ch. 429, sec. 1, p. 1457.]
(1) "Child support order" means a legally enforceable obligation, issued by a court or administrative body, assessed against an individual for the support of a child, which shall include medical care, health insurance premiums for the child, child care expenses and any amount owing under an order for support during a period in which public assistance was expended.
(2) "Current support" means the amount owing for the present month pursuant to a child support order, excluding amounts ordered to satisfy a delinquency.
(3) "Delinquency" means, for purposes of this chapter, the amount of unpaid support that has accrued from the date a child support order is entered, excluding the present month, in an amount equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less.
(4) "Department" means the Idaho department of health and welfare.
(5) "License" means a license, certificate, permit or other authorization that:
(a) Is issued by a licensing authority pursuant to any provision of Idaho Code;
(b) Is subject to suspension, withdrawal, revocation, forfeiture, termination, or an action equivalent to any of these, by the issuing licensing authority; and
(c) A person must obtain to practice or engage in any business, occupation or profession, operate a motor vehicle, carry a concealed weapon, or engage in any recreational activity, including hunting or fishing, for which a license or permit is required; and
(d) Does not constitute a property interest.
(6) "Licensee" means any person who possesses a valid license in active status or who has a legal right or privilege to activate or receive a license.
(7) "Licensing authority" means a department, commission, board, office, agency or other unit of the state or political subdivision that issues a license.
(8) "Obligee" means any person, state agency or local child support registry entitled by order to receive child support payments.
(9) "Obligor" means any person obligated by order to pay child support.
(10) "Visitation" means custodial period, custodial schedule, residential schedule, parenting, or parenting time.
[7-1402 added 1996, ch. 429, sec. 1, p. 1457; am. 1998, ch. 250, sec. 1, p. 815.]
In addition to any other basis provided by Idaho law for suspension of a license, a licensee is subject to suspension of a license if the licensee:
(1) Is an obligor who has a delinquency as defined in section 7-1402(3), Idaho Code;
(2) Has failed to comply with a subpoena in a paternity or child support proceeding; or
(3) Has substantially failed to comply with an order providing for visitation with a minor child.
[7-1403 added 1996, ch. 429, sec. 1, p. 1458; am. 1998, ch. 250, sec. 2, p. 816.]
(1) Upon petition of an obligee of a child support order, a person entitled to visitation with a minor child pursuant to court order, or the department of health and welfare, a court may issue an order suspending a license on any of the grounds provided in section 7-1403, Idaho Code.
(2) Upon notification by the department of a child support delinquency, a licensing authority shall initiate proceedings to suspend a license in accordance with its statutory process, petition the court, or refer the matter to the department to initiate proceedings for suspension of the license in accordance with the requirements of this chapter. Upon referral, or if the licensing authority takes no action within thirty (30) days after notification of the delinquency by the department, the department is authorized to commence a license suspension proceeding under this chapter. The licensing authority shall notify the department of all action taken in response to the notification of the delinquency.
(3) The department may commence an administrative proceeding under this chapter to suspend a license for failure to comply with a subpoena in a paternity or child support proceeding.
(4) More than one (1) license may be the subject of a suspension proceeding under this chapter.
(5) An order issued pursuant to this chapter does not prevent the obligee, department, or individual entitled to visitation under a court order, from seeking any other remedy provided by law or from seeking additional relief under this chapter.
[7-1404 added 1996, ch. 429, sec. 1, p. 1458.]
(1) A petition for suspension of a license may be commenced in the magistrate division of the district court of the county where the child support order or order for visitation was issued; and no filing fees shall be charged for seeking only the relief provided under this chapter. The petition shall allege:
(a) The name and, if known, social security number of the licensee;
(b) The type or types of license or licenses the licensee is believed to hold and the name of each licensing authority;
(c) The amount owed under a child support order, the amount of support paid and the amount of the delinquency, the failure to comply with a subpoena in a paternity or child support proceeding, or the manner in which a licensee has failed to comply with an order for visitation; and
(d) The last known address of the licensee.
(2) A petition to suspend a license for a child support delinquency shall include a certified copy of the record of child support payments maintained by the department or local child support registry.
(3) A copy of the filed petition shall be delivered to the licensee by personal service according to the Idaho rules of civil procedure.
[7-1405, added 1996, ch. 429, sec. 1, p. 1459; am. 1997, ch. 317, sec. 1, p. 938; am. 1998, ch. 250, sec. 3, p. 816.]
Upon commencement of a proceeding for suspension of a license under this chapter, the petitioner shall also serve the licensee notice:
(1) Of the licensee’s right to a hearing;
(2) That the licensee has twenty-one (21) days after service to request a hearing;
(3) That the license will be suspended if there is no timely request for a hearing or the licensee fails without good cause to appear for a scheduled hearing; and
(4) That the license will not be suspended if the licensee pays the delinquency and the current support obligation in full; demonstrates compliance with a subpoena in a paternity or child support proceeding; demonstrates compliance with an order for visitation; pays the current support obligation in full and enters into a reasonable schedule for repayment of any child support delinquency; or establishes good cause why the license should not be suspended.
[7-1406, added 1996, ch. 429, sec. 1, p. 1459; am. 1997, ch. 317, sec. 2, p. 939; am. 1998, ch. 250, sec. 4, p. 817.]
(1) A motor vehicle or occupational license suspension pursuant to this chapter shall be denied or stayed if the obligor proves that one (1) or more of the following conditions for good cause determination exist:
(a) The obligor has been declared physically disabled by the social security administration, the Idaho industrial commission, or another competent authority that works with disabled individuals, and the disability has directly resulted in the current inability to pay the child support obligation;
(b) The obligor is experiencing the effects of an extended illness or accident that has directly resulted in the current inability to pay the child support obligation;
(c) The obligor is a student whose enrollment is a result of a referral from Idaho vocational rehabilitation, the Idaho industrial commission, or another competent authority that works with disabled individuals;
(d) The obligor is incarcerated in a county, state, or federal correctional facility and proves that he has no assets;
(e) The obligor is receiving supplemental security income benefits;
(f) The obligor has court-ordered physical custody of all children listed in the order for support; or
(g) Child support is being collected directly from the obligor’s income through an income withholding order issued by the department to the obligor’s employer or other income source.
(2) A recreational license suspension pursuant to this chapter shall be stayed if the obligor proves either of the following conditions for good cause determination exist:
(a) The obligor is receiving supplemental security income benefits; or
(b) The obligor has court-ordered physical custody of all children listed in the order for support.
(3) No condition other than those described in subsections (1) and (2) of this section shall constitute good cause for a denial or stay of a license suspension. The following conditions shall not constitute good cause for a denial or stay of a license suspension:
(a) The obligor is unemployed, underemployed, or has difficulty maintaining consistent employment;
(b) The obligor claims to be disabled but has not applied for disability benefits or has been refused disability benefits;
(c) The obligor asserts that the child support obligation is too high;
(d) The obligor has been denied full visitation with the child or children; or
(e) The obligor alleges that the obligee misuses the child support.
[7-1406A, added 2025, ch. 126, sec. 1, p. 657.]
The department shall commence an administrative proceeding to suspend a license by serving the licensee a notice that contains the information required for the petition and notice in sections 7-1405 and 7-1406, Idaho Code. Service of the notice may be by personal service or certified mail.
[7-1407 added 1996, ch. 429, sec. 1, p. 1459.]
The petitioner or department shall notify the appropriate licensing authority of the commencement of a judicial or administrative proceeding to suspend a license. Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, the licensing authority shall then notify the petitioner or the department if the individual named in the petition is not a licensee.
[7-1408 added 1996, ch. 429, sec. 1, p. 1459; am. 2015, ch. 141, sec. 7, p. 381.]
(1) A request for a hearing shall be filed with the court or department by the licensee not later than twenty-one (21) days after the date of service of the notice. If a request for hearing is timely filed, the court or department shall promptly schedule and notify each party of the date, time and location of the hearing. A request for a hearing stays the suspension of a license or licenses.
(2) A record of child support payments prepared by the department or a local child support registry is evidence that payments were made. A certified copy of the record shall be admitted as evidence at a hearing under this chapter.
[7-1409 added 1996, ch. 429, sec. 1, p. 1460.]
(1) The court, licensing authority or department shall issue an order suspending a license unless:
(a) After notice and hearing, the licensee is found to have paid the delinquency and the current month’s support in full, or complied with the subpoena;
(b) The department or obligee files a certification that the obligor has paid current support and has entered into a reasonable schedule for repayment of any child support delinquency; or
(c) At a hearing, the licensee shows other good cause why the request for license suspension should be denied or stayed.
(2) The court shall issue an order suspending a license for a period up to one hundred eighty (180) days for substantial noncompliance with an order for visitation with the minor child.
(3) The order suspending a license shall include the last known address of the licensee.
(4) An order suspending a license by the court or department shall also state that the licensee is subject to the penalties of the licensing authority if a final order of suspension is violated.
(5) A final order suspending a license issued by a court or the department shall be forwarded to the appropriate licensing authority.
(6) If the court or department finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice.
[7-1410, added 1996, ch. 429, sec. 1, p. 1460; am. 1998, ch. 250, sec. 5, p. 817.]
(1) This section applies to a licensee whose driver’s license would otherwise be valid if not for a family law license suspension ordered by a court, licensing authority, or the department pursuant to section 7-1410, Idaho Code. Following an order of suspension pursuant to section 7-1410, Idaho Code, such licensee may petition the court for an order stating that a licensing authority issue a temporary restricted driver’s license if such person shows good cause as to why such a license should be issued.
(2) For purposes of this section, a licensee may demonstrate good cause by showing that a temporary restricted driver’s license is necessary for the licensee’s employment purposes in order to meet child support obligations.
(3) A temporary restricted license shall specify the restrictions as to certain times, days, and areas of use and any further restrictions as the court, in its discretion, may impose.
(4) A temporary restricted license shall be revoked if a licensee holding such license is found to be in violation of the restrictions imposed upon such temporary restricted license.
(5) An order issuing a temporary restricted license by the court shall also state that the temporary restricted licensee is subject to the penalties of the licensing authority if the restrictions of the license are violated.
(6) An order issuing a temporary restricted license by a court shall be forwarded to the appropriate licensing authority.
[7-1410A, added 2021, ch. 93, sec. 1, p. 323.]
The court or department shall deem the allegations of the petition or notice to be admitted and shall issue an order suspending a license if the licensee fails to make a timely request for a hearing or fails to appear at a hearing without good cause. The entry of the default and issuance of any subsequent order shall be pursuant to IRCP 55.
[7-1411, added 1996, ch. 429, sec. 1, p. 1460; am. 1997, ch. 317, sec. 3, p. 939.]
(1) On receipt of a final order suspending a license, the licensing authority shall summarily suspend the license effective the date the order became final, without additional review or hearing.
(2) A licensing authority may not review, vacate, stay, withhold or reconsider a final order suspending a license.
(3) A summary suspension pursuant to this chapter shall constitute a reportable disciplinary action.
(4) A licensing authority is immune from liability for any act performed pursuant to this chapter.
[7-1412 added 1996, ch. 429, sec. 1, p. 1460.]
(1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement. The moving party shall notify the petitioner and the department, if the department is providing child support services pursuant to title IV-D of the social security act or chapter 2, title 56, Idaho Code, of the pendency of these proceedings.
(2) The department shall vacate the suspension of a license ordered by the department upon payment of all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement.
(3) If the suspension has been stayed and if, at the end of one hundred eighty (180) days, the licensee has maintained current support payments and is in compliance with a repayment agreement, the suspension of the license shall be vacated.
(4) The court or department shall vacate an order suspending a license due to noncompliance with a subpoena, if the licensee complies with the subpoena in a paternity or child support proceeding.
(5) The court may stay an order suspending a license due to substantial noncompliance with a visitation order, for up to one hundred eighty (180) days, upon the licensee’s reasonable assurance of compliance, and shall vacate the suspension if the licensee has complied with the order for visitation during the stay.
(6) The licensing authority shall be notified if the suspension of a license is vacated or stayed. On receipt of such notice, the licensing authority shall restore the licensee to active status upon payment of any applicable fees and satisfaction of any other licensing requirements.
[7-1413 added 1996, ch. 429, sec. 1, p. 1461; am. 1998, ch. 250, sec. 6, p. 818.]
(1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comply with the terms of a repayment agreement entered into by the licensee.
(2) A person entitled to visitation under an order of a court may file a motion to lift the stay and reinstate the suspension of a license if the licensee fails to comply with the order for visitation. The motion shall allege the manner in which the licensee failed to comply with the order for visitation, and request a hearing.
(3) Upon a motion to lift a stay of an order suspending a license, notice of a hearing shall be provided by personal service or by mail not less than fourteen (14) days prior to the hearing.
(4) The department may also commence administrative proceedings to lift a stay issued by the department, by serving notice alleging the failure to maintain current support payments or to comply with a repayment plan, and notice of a hearing not less than fourteen (14) days before the date of the hearing. Service of the notice by the department shall be by personal service or certified mail.
(5) If the licensee is found not to be maintaining current support payments or not to be in compliance with the terms of a repayment plan or order for visitation, the order suspending a license shall be reinstated and the licensing authority shall be promptly informed of the suspension. The licensing authority shall reinstate the suspension of the license effective the date the order becomes final.
[7-1414 added 1996, ch. 429, sec. 1, p. 1461.]
A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. Pursuant to its statute and rules, a licensing authority may charge fees or impose penalties on a licensee whose license is suspended under this chapter. A person who continues to engage in the activity after an order of suspension has become final shall be subject to the same penalties as any person engaging in the activity without a license.
[7-1415 added 1996, ch. 429, sec. 1, p. 1462.]
(1) Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, upon request of the department a licensing authority shall provide the name, address, social security number, license renewal date and other identifying information for licensees. The information shall be provided in a manner agreed to by the licensing authority and the department.
(2) The department may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner.
[7-1416 added 1996, ch. 429, sec. 1, p. 1462; am. 2015, ch. 141, sec. 8, p. 381.]
(1) A license suspension order issued by the court shall be final and conclusive between the parties unless an appeal is filed within twenty-eight (28) days.
(2) A license suspension order issued by a hearing officer of the department shall be final and conclusive between the parties unless an appeal to district court is filed within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code.
[7-1417 added 1996, ch. 429, sec. 1, p. 1462.]
This chapter shall be referred to as the "Small Lawsuit Resolution Act."
[7-1501, added 2002, ch. 137, sec. 1, p. 380.]
To reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes, the legislature hereby establishes a system to encourage civil litigants to resolve their disputes through alternative dispute resolution. The procedures to be utilized under this chapter, while based on the alternative dispute resolution processes of arbitration, mediation, and early neutral evaluation, are intended to be as informal as practicable to accomplish these concurrent objectives.
[7-1502, added 2002, ch. 137, sec. 1, p. 380.]
(1) Civil actions in which the sole relief sought is a money judgment in which the parties agree that the total claims for all damages sought by a party do not exceed thirty-five thousand dollars ($35,000) shall be subject to the provisions of this chapter. This chapter shall not apply to appeals from the magistrates division, disputes subject to arbitration under chapter 9, title 7, Idaho Code, proceedings in the small claims division of the district court, cases seeking a punitive damages award, or cases in which this chapter has been previously invoked.
(2) The provisions of this chapter may be initiated by any party by the filing of a notice with the court. The notice shall be filed at least one hundred fifty (150) days prior to a scheduled trial but, without the consent of all parties, may not be filed within forty-five (45) days following the service of a complaint. For actions pending in the magistrates division, however, notice shall be filed at least one hundred (100) days prior to a scheduled trial but, without consent of all the parties, may not be filed within thirty (30) days following the service of a complaint. The trial court shall retain jurisdiction over a case proceeding under this chapter and the case shall remain on the court’s active calendar.
(3) The parties shall confer after the filing of the notice to determine if they wish to undertake evaluation or mediation. If they agree to mediate, the parties may agree upon a mediator or utilize as mediator an individual selected pursuant to the evaluator selection provisions of this chapter. If a mediation has been conducted under this chapter, and the mediation has not resulted in the settlement of all claims, within fourteen (14) days following such mediation, the parties shall file a notice with the clerk of the court that a mediation has been completed, that all claims have not been settled and specifying the claims which remain.
(4) If the parties are not able to agree whether to undertake a mediation or an evaluation under this chapter, a party has seven (7) days after the filing of the notice of the initiation of the provisions of this chapter to file a motion seeking the court to order which form of alternative dispute resolution will be used. The moving party has a right to a hearing pursuant to the Idaho rules of civil procedure. In making its determination on the motion, the court shall consider, among other factors it deems relevant, the nature of the claim(s) and the defense(s), the prior experience, if any, of the parties or their counsel with mediation or evaluation, in this or other cases, the potential likelihood that the facts alleged in a claim, if proven, will lead to liability of one party to another, and the complexity of the case. If the court does not determine that mediation is a preferable means of alternative dispute resolution for the particular case, it shall order the parties to conduct an evaluation under the provisions of this chapter. However, if the court determines that neither mediation nor evaluation is appropriate in the case, it may order that the case proceed to trial in accordance with the Idaho rules of civil procedure.
(5) Any party may move the court for removal from the evaluation at any stage for good cause including, but not limited to, a substantial change in circumstances or a reasonable potential for the moving party to later seek amendment to its pleadings to allow that party to pursue punitive damages, making the evaluation option an inappropriate method to obtain resolution of the particular dispute.
[7-1503, added 2002, ch. 137, sec. 1, p. 381; am. 2003, ch. 29, sec. 1, p. 103; am. 2018, ch. 244, sec. 1, p. 567.]
(1) All magistrate judges, district judges and appellate court judges and justices, whether classified as sitting, senior or retired, are authorized to act as civil litigation evaluators. The supreme court may establish by rule, procedures for the appointment and use, where available, of such judges as evaluators for the purposes of this chapter.
(2) The supreme court shall maintain a list of private civil litigation evaluators who are approved to serve in each district pursuant to this chapter and any rules adopted by the supreme court. Each county’s clerk of the court shall from time to time be provided by the supreme court a list of evaluators who are approved to serve in that county pursuant to this chapter and any rules adopted by the supreme court.
(3) Unless a sitting or senior judge is assigned by the supreme court or administrative judge as an evaluator, or unless the parties have agreed in advance to the selection of a particular evaluator, upon receipt of a notice of initiation of the provisions of this chapter, the clerk of the court shall provide each party to the case a list containing the names of the same five (5) randomly selected evaluators. If there are more than two (2) parties to the litigation, the clerk will provide ten (10) names.
(4) In every case each party may submit requests for replacement list(s) to the clerk within three (3) days of receipt of a list of evaluators. Upon receipt of such a request, the clerk of the court shall provide each party to the case a new list containing an appropriate number of names of randomly selected evaluators.
(5) Within seven (7) days of receipt of the list, it shall be the duty of the party that filed the notice initiating proceedings under this chapter to initiate contact with the other party or parties for the purpose of selecting an evaluator. Unless the parties agree on a particular evaluator or a different method of selection, selection of the evaluator will be by alternating strikes. The initiating party shall strike an evaluator’s name, the opposing party shall then strike an evaluator’s name with the parties alternating until only one (1) name is left. If there are more than two (2) parties, the strikes shall be made in the order the parties’ names appear on the case caption commencing with the initiating party. The initiating party shall file notice of the selected evaluator within ten (10) days of the receipt of the list.
(6) If there is any dispute or failure to cooperate with the selection procedures contained in this section, any party may file a motion with the court for assistance in selection of an evaluator. No hearing shall be required and the court shall rule on such motion expeditiously and take whatever steps are necessary to obtain the prompt selection of an evaluator. If the court finds that a party has requested a replacement list of evaluators unreasonably or determines it is otherwise appropriate, the court may appoint a sitting or retired judge or a private lawyer from the list of approved evaluators to serve as evaluator for the case.
(7) Upon application by any party made no sooner than fourteen (14) days after the filing of the notice of request for civil evaluation, the clerk shall assign by random lot any of the individuals identified on the list as the evaluator if no notice of selection or motion for assistance has been filed.
(8) Nothing shall preclude the parties stipulating to the appointment of any individual who agrees to serve as their evaluator under this statute. If the parties stipulate to the appointment of an evaluator different from one on the list provided by the clerk, they shall file a joint statement to that effect with the court.
(9) To the extent it deems necessary, the supreme court may prescribe rules to reduce the costs of evaluation under this chapter. It may also prescribe forms to be used in the evaluation process, and other rules, standards or procedures it deems appropriate to effectuate the purposes of this chapter.
(10) The supreme court may exempt all cases filed in the courts of any county from the operation of this chapter if, following application made by the administrative judge of the judicial district which includes that county, the supreme court determines the county does not have sufficient judicial or other resources to implement and effectuate the purposes of this chapter or for other good cause shown.
[7-1504, added 2002, ch. 137, sec. 1, p. 382; am. 2003, ch. 29, sec. 2, p. 104.]
(1) Any individual desiring to be on a list of private civil litigation evaluators under this chapter shall submit a request to the supreme court identifying each county in which the individual wishes to serve. The task of acting as an evaluator under this chapter shall be a service to the judiciary and the legal profession. The legislature encourages members of the bar to accept up to two (2) appointments under this chapter on a pro bono basis each year.
(2) To be listed as a private civil litigation evaluator, a person must currently be an active member of the Idaho state bar association and have had such membership for a minimum of seven (7) years or be a retired or senior judge. To the extent it deems them necessary, the supreme court may prescribe by rule additional qualifications for civil litigation evaluators in some or all cases with the purpose of providing the largest pool of individuals with the knowledge and experience to fairly determine claims under this chapter at minimal or no cost to litigants.
(3) Upon appointment in each case, the evaluator must sign an oath to fulfill the duties of the office, including the impartial, unbiased and timely discharge of those duties. He must also affirmatively state that he has no conflict of interest or, in the alternative, make a written disclosure of any conflict of interest to the parties, which they may waive by filing a written consent with the evaluator. Challenges to the service of an evaluator shall be made by motion to the trial court and shall be heard expeditiously. Evaluators may decline an appointment. The trial court may also release evaluators from an appointment for good cause. If an evaluator declines or is released from service, a new list shall be requested from the clerk for selection of an evaluator.
(4) Evaluators shall submit their rates of hourly compensation, if any, to the supreme court when submitting their request to be on the list of civil litigation evaluators. The clerk shall include the rate of hourly compensation, if any, for each evaluator in the list of names submitted to the parties. The parties shall each pay an equal portion of a private evaluator’s fee if any is charged as well as an equal portion of any actual costs incurred by the private evaluator. Individuals who wish to serve as private civil litigation evaluators under this chapter other than on a pro bono basis shall agree to serve as an evaluator in exchange for a fee not to exceed one thousand dollars ($1,000) unless the parties agree otherwise. Provided however, sitting or senior judges appointed as evaluators by the supreme court or administrative judge as part of their judicial service shall not be compensated by the parties. Retired or senior judges selected by the parties from the roster of private civil litigation evaluators maintained by the supreme court through the administrative director of the courts shall be compensated by the parties in accordance with this subsection.
[7-1505, added 2002, ch. 137, sec. 1, p. 383; am. 2003, ch. 29, sec. 3, p. 105.]
(1) Solely for the purpose of an evaluation, an evaluator has the authority to:
(a) Decide procedural issues and deadlines relating to the conduct of the evaluation, including discovery disputes, arising before or during the evaluation process except issues relating to the qualification of the evaluator, which shall be decided by the trial court.
(b) Invite, with reasonable notice, the parties to submit preevaluation briefs;
(c) Examine any site or object relevant to the case;
(d) Administer oaths and affirmations to witnesses for the purposes of the evaluation;
(e) Rule on the admissibility of evidence;
(f) Determine the facts, decide the law, and issue a written evaluation decision; and
(g) Take such other acts as are necessary to accomplish the object of a fair, swift, and cost-effective determination of the case.
(2) An evaluator shall not decide motions to dismiss, motions to add or change parties in the case, or motions for summary judgment. Any such motion shall be presented to the trial court for determination.
(3) After the case is assigned to the evaluator, service shall be made consistent with rule 5 of the Idaho rules of civil procedure, except that documents used in the evaluation shall be filed with the evaluator instead of the court.
(4) Time shall be computed pursuant to the Idaho rules of civil procedure.
(5) Except for the authority expressly given to an evaluator by this chapter, all issues shall be determined by the court.
[7-1506, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 4, p. 106.]
(1) Unless the evaluator orders otherwise:
(a) A defending party may demand in writing a statement from each claimant setting forth separately the amounts of any special, general or other damages sought in the evaluation. Such statement shall be served on all parties no later than twenty-one (21) days after receipt of the demand;
(b) A party may take the deposition of another party pursuant to the Idaho rules of civil procedure;
(c) If the physical or mental condition of a claimant is at issue, the defending parties may obtain the relevant medical reports of the claimant and one (1) defendant’s medical examination of the claimant. The evaluator shall decide any limitations to be placed on the time, place, manner, conditions or scope of the examination if requested. A claimant shall have an absolute right to a copy of any document relating to the claimant which is created by the examiner or the examiner’s employees or agents during or after the examination. Such materials shall be provided to the claimant within fourteen (14) days of the date of the examination and no later than twenty-one (21) days prior to the evaluation hearing date. Failure to timely provide the medical examiner’s materials shall be a basis for vacating and rescheduling the hearing or for excluding the evidence in the discretion of the evaluator;
(d) The parties may submit requests for admission to one another pursuant to the Idaho rules of civil procedure.
(2) The conclusions and foundations therefore of any expert opinion testimony that a party intends to offer at the evaluation shall be submitted in writing to the opposing party no later than twenty-one (21) days prior to the evaluation. Medical records are deemed to fulfill the requirements of this subsection. If the opposing party concludes that it needs to take the expert’s deposition and the parties cannot reach agreement to do so, the written report shall be submitted to the evaluator who, after hearing the opposing party’s reasons for requesting the deposition, may order it to go forward. The evaluator’s determination that such discovery will occur shall be based on whether it is necessary to obtain a fair determination of the case. If a party wishes to offer the live testimony of any expert witness at the evaluation, notice of the intent to do so must be given to the other parties no later than twenty-one (21) days prior to the evaluation and the opposing parties shall have the right to depose the expert before the evaluation is conducted.
(3) No additional discovery shall be due or obtained for the purpose of the evaluation unless the parties stipulate thereto or the evaluator has ordered otherwise based on the evaluator’s determination that such discovery is necessary to obtain a fair, swift and cost-effective determination of the case.
(4) Costs of all depositions, including fees for expert testimony, and medical examinations shall be paid by the party requesting the examination or testimony.
[7-1507, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 5, p. 107.]
(1) The evaluator shall set the time and place of the evaluation hearing and shall give reasonable notice of the hearing to the parties. The parties may agree to hold the hearing by telephone. Except by stipulation among the parties and the evaluator, or for good cause shown, the hearing shall be scheduled to take place no sooner than twenty-eight (28) days, nor later than seventy (70) days, from the date of the assignment of the case to the evaluator. If a case will be heard later than seventy (70) days from the date of assignment, the evaluator shall file a notice with the trial court providing reasons for the delay and informing the court of the date of the hearing.
(2) Subject to the evaluator’s discretion, no party shall be allowed more than three (3) hours for presentation of its case at an evaluation hearing.
(3) Counsel for the parties and the evaluator may issue subpoenas for the hearing in the manner provided in the Idaho rules of civil procedure.
(4) Unless otherwise agreed by the parties, at least seven (7) days prior to the date of the evaluation, each party shall file with the evaluator and serve upon all other parties a prehearing statement containing a list of witnesses the party intends to call at the evaluation hearing and a list of exhibits and documentary evidence a party intends to utilize at the hearing. The document will identify whether the testimony shall be live, presented in a sworn writing, or taken by telephone. All written and other tangible evidence identified shall be made available for the opposing party’s inspection and copying at least seven (7) days prior to the hearing date. The evaluator may exclude any evidence not provided in compliance with this section.
(5) The evaluator shall control the mode and order of proof with the objectives of making the presentation of evidence effective for the ascertainment of facts, avoiding the needless consumption of time, protecting witnesses from harassment and undue embarrassment, and ensuring the fair, swift, and cost-effective determination of the case. Witnesses shall testify under oath administered by the evaluator with the full penalty of law to apply to violation of that oath. The evaluator may allow testimony by telephone or other nontraditional means. The evaluator may question any witness. A party has the right to cross-examine any other party and any witness called by another party.
(6) A stenographic or electronic recording may be made at the request and at the expense of any party.
(7) Proceedings shall be under the control of the evaluator and as informal as practicable. The extent to which the formal rules of evidence will be applied shall rest in the discretion of the evaluator. To the extent determined applicable, the evaluator shall construe those rules liberally in order to effectuate a fair, swift and cost-efficient procedure. Expert opinion testimony shall only be allowed if the conclusions and foundations therefore were appropriately disclosed and, if offered live, subjected to the opportunity for deposition pursuant to section 7-1507(2), Idaho Code, and otherwise admissible under the Idaho rules of evidence.
(8) To effectuate the fair, swift and cost-efficient nature of the evaluation, the following documents shall be presumed admissible and may be provided to the evaluator prior to the hearing, provided the documents are disclosed in the prehearing statement and, where relevant, the name, address and telephone number of the author of the document is contained in the document or set forth in the prehearing statement:
(a) Any written contract between the parties;
(b) A copy of any billing statement or invoice prepared in the normal course of business;
(c) Copies of any correspondence between the parties except documents inadmissible under rule 408 of the Idaho rules of evidence;
(d) Any document that would be admissible under rule 803(6) of the Idaho rules of evidence;
(e) A bill, report, chart, or record of a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist or other health care provider, on a letterhead, or billhead or otherwise clearly identifiable as part of the provider’s professional record;
(f) A bill for drugs, medical appliances or other related expenses on letterhead, or billhead or otherwise clearly identifiable as part of a provider’s professional record;
(g) A bill for, or estimate of, property damage or loss on a letterhead or billhead. In the case of an estimate, the offering party shall notify the adverse party no later than, as part of the prehearing statement, whether the property was repaired, in full or in part and provide the actual bill showing the cost of repairs;
(h) A police, weather, or wage loss report or standard life expectancy table to the extent it is relevant without need for authentication;
(i) A photograph, videotape, x-ray, drawing, map, blueprint, or similar evidence to the extent it is relevant without the need for authentication;
(j) The written statement of any witness made as part of a police investigation;
(k) The written statement of any witness, including a written report of any expert witness that contains a statement of opinion based on proper qualifications which the witness would be allowed to express if testifying in person;
(l) A document not specifically covered by the foregoing but having equivalent circumstantial guarantees of trustworthiness, the admission of which would help in the swift, fair and cost-effective resolution of the dispute or otherwise serve the interests of justice.
(9) The admission of a document under subsection (8) of this section does not, in any manner, restrict argument or proof relating to the weight of the evidence admitted, nor does it limit the evaluator’s discretion to determine the weight of the evidence after hearing all evidence and the arguments of the parties.
(10) The evaluation hearing may proceed, and a decision may issue, in the absence of any party who, after due notice, fails to participate or to obtain a continuance. Continuances shall only be granted for good cause and for the shortest practicable time. If a party is absent, the evaluator may permit any party present to submit evidence supporting such present party’s position in the case. In a case involving more than one (1) defendant, the absence of a defendant shall not preclude the evaluator from assessing as part of the award, damages against the defendant or defendants who are absent. The evaluator, for good cause shown, may allow an absent party an opportunity to appear at a subsequent hearing before making an award. A party who fails to participate in the hearing or prehearing process without good cause waives the right to a trial de novo. If it is shown to the trial court by clear and convincing evidence that a party or its counsel has not acted in good faith during the evaluation, the trial court may impose any appropriate sanction against such party or its counsel.
[7-1508, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 6, p. 108.]
(1) Within fourteen (14) days following the evaluation, the evaluator shall issue a written, signed decision. The evaluator shall determine all issues raised by the pleadings, including a determination of any damages. The evaluator shall apply the applicable law as it exists; however, neither findings of fact nor conclusions of law shall be required. The decision shall be served on the parties. The evaluator shall file a notice of issuance of the evaluator’s decision with the clerk of the court, together with proof of service of the notice and the decision on the parties. The decision shall not be filed with the clerk of the court. The evaluator’s decision shall not exceed thirty-five thousand dollars ($35,000) in total damages to a party. The evaluator’s decision shall not include exemplary or punitive damages. An evaluator may, in addition, award costs and attorney’s fees under the terms of an applicable contract. All other costs and attorney’s fees to which a party is entitled by statute or court rule shall be awarded by the court.
(2) Within twenty-one (21) days after the notice of issuance of the evaluator’s decision has been filed with the clerk of the court, any party may file with the clerk a request for a trial de novo in the district court on all issues of law and fact.
(3) The trial de novo shall proceed as if the evaluation had not occurred. No reference to the evaluation or to the amount of the evaluation decision shall be made to the trial court or the jury during any part of the trial de novo. Discovery taken and recorded statements made during the evaluation process may be used at the trial de novo as provided in the Idaho rules of civil procedure and the Idaho rules of evidence; however, no reference shall be made to the fact that any statement was made in an evaluation proceeding. Any dollar amount sought, demanded or awarded during the evaluation, including the parties’ agreement that for the purposes of the evaluation the claim is limited to thirty-five thousand dollars ($35,000), shall be treated as an offer of compromise pursuant to the Idaho rules of evidence and shall not be admissible at trial. Any examination made pursuant to the provisions of section 7-1507(1)(c), Idaho Code, shall be subject to rule 35 of the Idaho rules of civil procedure. Any violation of the provisions of this subsection by a party or its attorney shall be subject to appropriate sanctions by the trial court.
(4) The relief sought at trial shall not be limited by the evaluation; provided however, that judgment for damages of more than thirty-five thousand dollars ($35,000), exclusive of costs and fees, may not be entered for a party who has agreed that its claim does not exceed thirty-five thousand dollars ($35,000) for the purposes of initiating alternative dispute resolution under this chapter and shall be reduced by the court unless the claimant establishes the applicability of the factors of rule 60 of the Idaho rules of civil procedure. An evaluator may not be called as a witness at the trial de novo.
(5) The trial court shall assess costs, reasonable attorney’s fees, and the entire amount of the evaluator’s fee against a party who requests a trial de novo and fails to improve its position at the trial de novo by at least fifteen percent (15%). For purposes of this subsection, "costs and reasonable attorney’s fees" means all attorney’s fees and costs as provided for by statute or court rule incurred after the filing of a request for a trial de novo. In addition, the court shall award all other expert witness fees and expenses in excess of those permitted by statute or rule if the court finds that they were reasonably incurred.
(6) Within twenty-one (21) days following the filing of the request for trial de novo, a party may serve upon the other party(ies) a written offer of compromise. If an offer of compromise is not accepted by the other party(ies) within fourteen (14) days after service thereof, the amount used for determining whether the party requesting the trial de novo has improved its position shall be the amount of the offer of compromise. Neither the evaluator’s decision nor the offer of compromise shall be submitted to the trial court until the verdict or judgment has been rendered in the trial de novo.
(7) The trial court may assess some or all costs and reasonable attorney’s fees against a party who withdraws its request for a trial de novo where the withdrawal is not in conjunction with the acceptance of an offer of compromise.
(8) If no request for trial de novo has been filed at the expiration of twenty-one (21) days following the filing of the evaluator’s notice of decision, a judgment may be presented to the court by any party accompanied by a copy of the evaluator’s decision. If the judgment is in conformity with the evaluator’s decision it shall be entered and shall have the same force and effect as any other judgment in a civil action but shall not be subject to appellate review and may only be set aside pursuant to the provisions of rule 60 of the Idaho rules of civil procedure. An accepted offer of compromise may also be presented to the court to be converted to a judgment.
(9) Except as provided in subsection (5) of this section, the provisions of this chapter do not affect or preclude the application of any other statute or rule regarding fees or costs including, but not limited to, those in title 7 or 12, Idaho Code, section 41-1839, Idaho Code, or the Idaho rules of civil procedure. Awards of damages and of attorney’s fees and costs, when made to opposing parties, shall be set off against one another and judgment shall be entered for the net amount to the party(ies) entitled thereto.
(10) An evaluator may obtain a judgment for his fees and costs in the pending litigation against any party that refuses to pay its share. Judgment shall be obtained by motion to the trial court which shall only be granted after the party failing to pay has had the opportunity to be heard and object.
[7-1509, added 2002, ch. 137, sec. 1, p. 387; am. 2003, ch. 29, sec. 7, p. 110; am. 2019, ch. 187, sec. 1, p. 594.]
The intent of this chapter is to maintain the right to a court or jury trial and the provisions of this statute shall not be construed to impair that right.
[7-1510, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 8, p. 112.]
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.
[7-1511, added 2002, ch. 137, sec. 1, p. 389.]
(1) The supreme court shall keep statistical records of the number of requests for evaluation filed pursuant to the provisions of this chapter, the number of requests for trial de novo hereunder, and the number of instances in which a party improves its position by at least fifteen percent (15%) at trial.
(2) Commencing no later than July 1, 2002, the supreme court shall begin compiling the names of individuals desiring to serve as civil litigation evaluators in each judicial district.
[7-1512, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 9, p. 112.]
This chapter shall be known and may be cited as the "Gestational Agreements Act."
[7-1601, added 2023, ch. 228, sec. 1, p. 701.]
The purpose of this chapter is to:
(1) Facilitate the use of gestational agreements in accordance with the public policy of the state of Idaho;
(2) Establish consistent standards and procedural safeguards for the protection of all parties to gestational agreements;
(3) Protect the welfare of children born as a result of gestational agreements; and
(4) Clarify the parentage of children born under the terms of gestational agreements.
[7-1602, added 2023, ch. 228, sec. 1, p. 701.]
As used in this chapter:
(1) "Assisted reproduction" means the laboratory and medical procedures used by a medical professional in which human gametes are used outside the body for reproductive purposes.
(2) "Gamete" means a mature male or female germ cell usually possessing a haploid chromosome set and capable of initiating formation of a new diploid individual by fusion with a gamete of the opposite sex.
(3) "Genetic testing" means an analysis of genetic markers to exclude or identify a person as the parent of a child, including an analysis of one (1) or a combination of the following:
(a) Deoxyribonucleic acid; and
(b) Blood group antigens, red cell antigens, human leukocyte antigens, serum enzymes, serum proteins, or red cell enzymes.
(4) "Gestational agreement" means a contract under which a gestational carrier agrees to become pregnant by means of assisted reproduction in order to give birth to a child who will be parented by an intended parent.
(5) "Gestational carrier" means an adult woman who:
(a) Becomes pregnant or intends to become pregnant under the terms of a gestational agreement; or
(b) Gives birth or intends to give birth to a child under the terms of a gestational agreement.
(6) "Intended parent" means an individual who intends to be the parent of a child born under the terms of a gestational agreement.
(a) There may be one (1) intended parent or two (2) intended parents under a gestational agreement.
(b) Except where context otherwise requires, any provision of this chapter relating to an intended parent shall relate to both intended parents if there are two (2).
(7) "Order of parentage" means an order issued by a court or administrative body with authority to issue the order, which order identifies the legal parent or parents of a child born under the terms of a gestational agreement.
[7-1603, added 2023, ch. 228, sec. 1, p. 702.]
(1) Prior to assisted reproduction, a gestational carrier and an intended parent shall enter into a written gestational agreement. If the gestational carrier is married, her spouse shall also be a party to the agreement. Neither the gestational carrier nor her spouse may contribute gametes for use in assisted reproduction under the gestational agreement.
(2) The gestational agreement shall provide that the intended parent will be the parent of any child conceived through assisted reproduction and born under the terms of the agreement.
(3) The gestational agreement shall include the following:
(a) Acceptance by the intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the gestational agreement;
(b) Verification that:
(i) All parties to the agreement are at least twenty-one (21) years of age;
(ii) The gestational carrier has given birth to a live child at least once before; and
(iii) The gestational carrier agrees to become pregnant by means of assisted reproduction; and
(c) Relinquishment by the prospective gestational carrier, the prospective gestational carrier’s spouse if she is married, and the prospective donor of a gamete for use in assisted reproduction if such prospective donor is not an intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the agreement.
(4) A prospective gestational carrier may not be receiving public assistance as defined by section 56-201, Idaho Code.
(5) A gestational agreement may provide for payment of consideration.
(6) A gestational agreement shall not limit the right of the gestational carrier to make decisions to safeguard her health or that of an embryo or a fetus that she is carrying.
(7) In matters relating to the gestational agreement, the gestational carrier and the intended parent shall have independent legal representation.
[7-1604, added 2023, ch. 228, sec. 1, p. 702.]
(1) A gestational agreement entered under this chapter is enforceable only if it is validated pursuant to this section.
(2) For a gestational agreement to be validated pursuant to this section, at least one (1) party to the agreement must reside in Idaho and have so resided for at least six (6) months prior to entering into the gestational agreement or have contacts with the state of Idaho sufficient to justify jurisdiction in the opinion of an Idaho district court.
(3) The parties seeking validation of a gestational agreement shall file a petition in an Idaho district court.
(a) The petition shall be filed after entry of the agreement but no later than seven (7) days after the birth of a child under the terms of the agreement.
(b) The gestational agreement shall be attached to the petition.
(4) The district court may hold a hearing to determine the validity of the agreement. The district court shall issue an order validating the agreement and declaring that the intended parent is or will be the parent of any child born under the terms of the agreement upon finding that:
(a) The gestational agreement satisfies the provisions of this chapter;
(b) The parties have voluntarily entered into the agreement and understand its terms;
(c) Adequate provision has been made for all reasonable health care expenses associated with the gestational agreement, including responsibility for those expenses if the agreement is terminated; and
(d) The consideration provided for in the agreement, if any, is reasonable.
[7-1605, added 2023, ch. 228, sec. 1, p. 703.]
(1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice of termination to the other parties.
(a) If the agreement has been validated pursuant to section 7-1605, Idaho Code, the terminating party shall file notice of termination with the district court, and the court shall vacate the order of validation.
(b) Failure to provide the notice required by paragraph (a) of this subsection shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.
(2) The district court for good cause shown may terminate a gestational agreement.
(3) Neither a gestational carrier nor a gestational carrier’s spouse shall be liable to any intended parent for terminating a gestational agreement.
[7-1606, added 2023, ch. 228, sec. 1, p. 703.]
(1) This section shall apply in determining the parentage of a child born under the terms of a gestational agreement that has been validated pursuant to section 7-1605, Idaho Code.
(2) No later than fourteen (14) days after the birth of the child, the intended parent shall file notice of the birth with the district court that issued the validation order. The court shall then issue an order of parentage confirming that the intended parent is the parent of the child and directing the state registrar of vital statistics to file a birth certificate naming the intended parent as the parent of the child. If necessary, the court shall further order that the child be surrendered to the intended parent. The order of parentage shall contain the following information:
(a) The child’s full name;
(b) The child’s date of birth;
(c) The child’s place of birth;
(d) The gestational carrier’s full name;
(e) The full name of the gestational carrier’s spouse, if the gestational carrier is married; and
(f) The full name of each intended parent.
(3) If the intended parent fails to file notice as required under subsection (2) of this section, the gestational carrier or the department of health and welfare may file such notice, and the court shall order that the intended parent is the parent of the child and financially responsible for the child.
(4) Failure to file notice required by this section shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.
[7-1607, added 2023, ch. 228, sec. 1, p. 703.]
(1) If a party to a gestational agreement validated pursuant to section 7-1605, Idaho Code, disputes the parentage of a child allegedly born under the terms of the agreement, the court that issued the validation order shall order genetic testing to determine the parentage of the child.
(a) If the results of genetic testing are consistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to the agreement.
(b) If the results of genetic testing are inconsistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to other applicable law.
(2) If a child is born under the terms of an agreement found to be invalid and parentage of the child is disputed, then parentage shall be determined according to other applicable law.
[7-1608, added 2023, ch. 228, sec. 1, p. 704.]
On the motion of any party to a proceeding under this chapter, the district court shall order that the record of its proceedings under this chapter be sealed. When such order has been made and entered, the court shall seal the record, and thereafter the seal shall not be broken except on the motion of a party to the proceeding or of a person whose parentage was determined under this chapter. If the seal is broken, the record may again be sealed as provided in this section.
[7-1609, added 2023, ch. 228, sec. 1, p. 704.]
Subject to the jurisdictional standards of chapter 11, title 32, Idaho Code, the court that conducts a proceeding under this chapter shall have exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born under the terms of the agreement attains the age of one hundred eighty (180) days.
[7-1610, added 2023, ch. 228, sec. 1, p. 704.]
(1) An order of parentage issued by a court or administrative body of another state with jurisdiction to make the order shall be entitled to full faith and credit and shall be accepted by the courts of this state.
(2) To certify an order of parentage issued in another state, a person seeking to register the order shall:
(a) Provide, to the court or administrative body that issued the order, notice of intent to register the order in this state; and
(b) File as a foreign judgment certified copies of the order in a court of any appropriate county of this state.
[7-1611, added 2023, ch. 228, sec. 1, p. 704.]
A gestational agreement may provide for the disclosure of a gamete donor’s medical information to a child born according to the terms of the gestational agreement and may describe the circumstances warranting such disclosure. However, if a gamete donor wishes to remain anonymous, only non-identifying medical information may be disclosed pursuant to the gestational agreement.
[7-1612, added 2023, ch. 228, sec. 1, p. 705.]
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