32-1204. NOTICE OF IMMEDIATE INCOME WITHHOLDING. (1) The court shall order income withholding in all support orders effective the date of the order unless an exception is granted by the court pursuant to subsection (2) of this section. All support orders shall notify the obligor that income withholding shall be enforced by a withholding order issued to the obligor’s employer, without additional notice to the obligor.
(2) Immediate income withholding shall not be ordered if:
(a) One (1) of the parties demonstrates and the court makes a specific written finding that there is good cause not to require immediate income withholding. A finding of good cause by the court must be based on, at a minimum:
(i) A written determination and explanation of why implementing immediate withholding would not be in the best interests of the child; and
(ii) Proof of timely payment of previously ordered support in cases involving the modification of support orders; or
(b) A written agreement is reached between the obligor and obligee and the department in cases where the department is providing child support services, which provides for an alternative arrangement, and such agreement is determined by the court to be in the best interests of the child.
(3) Failure to provide for income withholding does not affect the validity of the support order.
History:
[(32-1204), added 1986, ch. 222, sec. 1, p. 596; am. 1990, ch. 361, sec. 1, p. 974; am. 1993, ch. 335, sec. 2, p. 1246; am. 1993, ch. 335, sec. 9, p. 1256; am. and redesig. 1998, ch. 292, sec. 8, p. 937.]
Structure Idaho Code
Chapter 12 - MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT
Section 32-1201 - STATEMENT OF LEGISLATIVE INTENT.
Section 32-1202 - DEFINITIONS.
Section 32-1203 - REMEDIES IN ADDITION TO OTHER REMEDIES.
Section 32-1204 - NOTICE OF IMMEDIATE INCOME WITHHOLDING.
Section 32-1205 - INCOME WITHHOLDING UPON A DELINQUENCY.
Section 32-1206 - JUDICIAL PROCEEDINGS FOR INCOME WITHHOLDING.
Section 32-1207 - ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING.
Section 32-1208 - SERVICE OF INCOME WITHHOLDING ORDER IN A JUDICIAL PROCEEDING.
Section 32-1209 - SERVICE OF INCOME WITHHOLDING ORDER IN AN ADMINISTRATIVE PROCEEDING.
Section 32-1210 - EMPLOYER’S DUTIES AND RESPONSIBILITIES — FEE FOR EMPLOYER.
Section 32-1211 - PENALTIES FOR EMPLOYERS.
Section 32-1212 - IDENTIFYING INFORMATION — FILING WITH TRIBUNAL AND CHILD SUPPORT SERVICES.
Section 32-1213 - ORDER FOR PAYMENT OF MEDICAL EXPENSES.
Section 32-1214B - DEFINITIONS.
Section 32-1214C - MEDICAL SUPPORT ORDER.
Section 32-1214D - EXCEPTIONS TO REQUIREMENT FOR IMMEDIATE ENROLLMENT.
Section 32-1214E - PROHIBITION ON DENIAL OF ENROLLMENT.
Section 32-1214F - NOTICE OF MEDICAL SUPPORT ORDER.
Section 32-1214G - AUTHORITY OF THE DEPARTMENT.
Section 32-1214H - NOTICE OF INTENT TO ENFORCE.
Section 32-1214I - DISENROLLMENT.
Section 32-1214J - NOTICE OF TERMINATION OF COVERAGE.
Section 32-1215 - TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR’S REQUEST.
Section 32-1216 - TERMINATION OR MODIFICATION OF INCOME WITHHOLDING UPON OBLIGEE’S REQUEST.
Section 32-1217 - TERMINATION OF INCOME WITHHOLDING BY THE COURT IN A JUDICIAL PROCEEDING.