32-1211. PENALTIES FOR EMPLOYERS. (1) An employer may not discharge, discipline, or refuse to employ an obligor on the basis of an income withholding order issued under this chapter. If an employer discharges, disciplines, or refuses to employ an obligor because of an income withholding obligation, the obligor shall have a cause of action against the employer. The employer shall be liable for double the amount of lost wages and other damages suffered as a result of the violation and for costs and reasonable attorney’s fees, and may be subject to a civil penalty of up to three hundred dollars ($300) for each violation. In addition, the employer may also be ordered to hire, rehire, or reinstate the aggrieved obligor.
(2) An employer who knowingly fails to retain and remit to the department an amount pursuant to the income withholding order shall be liable to the department for the amount to be retained specified in the income withholding order and may be subject to a fine of up to one hundred dollars ($100), which is a debt due and owing to the department unless:
(a) The employer notifies the department that the obligor is not in his employ and the department verifies the obligor’s nonemployment and withdraws its income withholding order; or
(b) The obligor’s income is not sufficient and therefore the restrictions in section 11-207, Idaho Code, apply and a lesser amount must be withheld.
(3) No employer who complies with an income withholding order that is regular on its face shall be subject to civil liability to any individual or agency for conduct in compliance with the income withholding order.
History:
[32-1211, added 1998, ch. 292, sec. 15, p. 944.]
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.