32-1602. DEFINITIONS. As used in this chapter:
(1) "Arrears" means child or spousal support that is due, owing and unpaid pursuant to a support order.
(2) "Asset" means cash or cash value in or of a demand deposit account, checking or negotiable withdrawal order account, savings account, share account, share draft account, time deposit account or money market mutual fund account; and/or negotiable instruments including stocks and bonds, annuities, investment accounts or funds, and the cash value of insurance.
(3) "Asset withholding order" means an administrative order issued by the department of health and welfare to a financial institution requiring the freezing and surrender of an asset in which an obligor has an interest.
(4) "Child support" means the obligation, pursuant to a support order, to provide for the needs of a child, including food, clothing, shelter, education, day care and health care. "Child support" also includes reimbursement to any agency for medical assistance, assistance paid to families with children, and interest owed on such support.
(5) "Co-owner" means a person having withdrawal rights on a multiple party account.
(6) "Department" means the Idaho department of health and welfare.
(7) "Financial institution" means a bank, credit union or other depository institution, benefit association, insurance company, safe deposit company, money market mutual fund and other entities defined in 42 U.S.C. 669a(d)(1).
(8) "Obligor" means any person obligated by support order to pay child or spousal support.
(9) "Owner" means a person or entity who, by the terms of the account, has a present right, subject to a proper request in compliance with terms of the account, to payment from the account.
(10) "Spousal support" means the obligation, pursuant to a support order, to provide for a spouse or a former spouse.
(11) "Support order" means a judgment, decree, or administrative order from any state, directing one (1) or more individuals to pay child support or spousal support.
History:
[32-1602, added 2004, ch. 213, sec. 2, p. 642.]
Structure Idaho Code
Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS
Section 32-1601 - CHILD SUPPORT ENFORCEMENT — FINANCIAL INSTITUTION DATA MATCH PROCESS.
Section 32-1602 - DEFINITIONS.
Section 32-1603 - WITHHOLDING OF ASSETS — GROUNDS AND ISSUANCE.
Section 32-1604 - CONTENT OF ASSET WITHHOLDING ORDER.
Section 32-1605 - RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER.
Section 32-1606 - DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION.
Section 32-1608 - DUTIES OF THE FINANCIAL INSTITUTION.
Section 32-1609 - NO REQUEST FOR HEARING.
Section 32-1610 - HEARING TO CONTEST ASSET WITHHOLDING.
Section 32-1611 - BASIS TO CONTEST THE ASSET WITHHOLDING ORDER.