32-1215. TERMINATION OF INCOME WITHHOLDING UPON OBLIGOR’S REQUEST. (1) An obligor whose income is subject to withholding under this chapter may request a hearing to quash, modify, or terminate the withholding, by filing a motion requesting such relief before the court which issued the income withholding order. A copy of the motion and a notice of hearing shall be served upon the obligee in the time and in the manner provided by the Idaho rules of civil procedure.
(2) In a hearing to quash, modify, or terminate the income withholding order, the court may grant relief only upon a showing by the obligor that there is a substantial probability that the obligor would suffer irreparable injury and that the obligee would not suffer irreparable injury. Satisfaction by the obligor of any delinquency subsequent to the issuance of the income withholding order is not grounds to quash, modify, or terminate the income withholding order.
(3) If an income withholding order has been in operation for twelve (12) consecutive months and the obligor’s support obligation is current, the court may terminate the order upon motion of the obligor, unless the obligee can show good cause as to why the income withholding order should remain in effect.
(4) No order to quash, modify, or terminate an income withholding order shall be issued unless the obligor provides proof to the court that the obligee has been served with a copy of the motion and notice for hearing in the time and in the manner provided by the Idaho rules of civil procedure, or that service is impossible because the obligee has moved and failed to provide the court with a current address, as required by section 32-1212, Idaho Code.
History:
[32-1215, added 1998, ch. 292, sec. 19, p. 948; am. 2007, ch. 2, sec. 1, p. 3; am. 2011, ch. 33, sec. 1, p. 76.]
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.