32-1207. ADMINISTRATIVE PROCEEDINGS FOR INCOME WITHHOLDING. Upon application by any obligee or obligor, the department may order income withholding pursuant to this chapter for payment of current support, any delinquency, and costs or fees pursuant to a support order as follows:
(1) If the support order provides for immediate income withholding pursuant to section 32-1204, Idaho Code, the department shall commence income withholding.
(2) If the support order does not provide for immediate income withholding, the department shall commence income withholding upon a delinquency, and shall also notify the obligor:
(a) Of the amount of the delinquency owed and the amount of income withheld;
(b) That the provision applies to all subsequent employers;
(c) Of the right to request an administrative review; and
(d) That the review is limited to mistakes of fact, which means an error in the amount of current support or delinquency, or the identity of the alleged obligor, and that no issues may be considered that have been litigated previously. If the obligor requests an administrative review within fourteen (14) days from the day the notice was mailed, the collection of arrears by income withholding shall be stayed. The department shall review the income withholding order within thirty-five (35) days, issue a decision and amend or void the income withholding order, if necessary. Any amounts which are found to have been withheld in error due to a mistake of fact will be returned to the obligor or credited towards the obligor’s future payments.
History:
[32-1207, added 1998, ch. 292, sec. 11, p. 941.]
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.