7-1046. CHOICE OF LAW. (1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs:
(a) The nature, extent, amount, and duration of current payments under a registered support order;
(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(c) The existence and satisfaction of other obligations under the support order.
(2) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(4) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History:
[(7-1046) 7-1043, 7-1038, added 1994, ch. 207, sec. 2, p. 652; am. and redesig. 1997, ch. 198, sec. 22, p. 568; am. and redesig. 2006, ch. 252, sec. 46, p. 784; am. 2015, 1st E.S., ch. 1, sec. 35, p. 21.]
Structure Idaho Code
Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT
Section 7-1003 - STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.
Section 7-1004 - REMEDIES CUMULATIVE.
Section 7-1005 - BASES FOR JURISDICTION OVER NONRESIDENT.
Section 7-1006 - DURATION OF PERSONAL JURISDICTION.
Section 7-1007 - INITIATING AND RESPONDING TRIBUNAL OF STATE.
Section 7-1008 - SIMULTANEOUS PROCEEDINGS.
Section 7-1009 - CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER.
Section 7-1010 - CONTINUING JURISDICTION TO ENFORCE CHILD-SUPPORT ORDER.
Section 7-1011 - DETERMINATION OF CONTROLLING CHILD-SUPPORT ORDER.
Section 7-1012 - CHILD-SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
Section 7-1013 - CREDIT FOR PAYMENTS.
Section 7-1014 - APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION.
Section 7-1015 - CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDER.
Section 7-1016 - PROCEEDINGS UNDER THIS CHAPTER.
Section 7-1017 - PROCEEDING BY MINOR PARENT.
Section 7-1018 - APPLICATION OF LAW OF THIS STATE.
Section 7-1019 - DUTIES OF INITIATING TRIBUNAL.
Section 7-1020 - DUTIES AND POWERS OF RESPONDING TRIBUNAL.
Section 7-1021 - INAPPROPRIATE TRIBUNAL.
Section 7-1022 - DUTIES OF SUPPORT ENFORCEMENT AGENCY.
Section 7-1023 - DUTY OF ATTORNEY GENERAL.
Section 7-1024 - PRIVATE COUNSEL.
Section 7-1025 - DUTIES OF STATE INFORMATION AGENCY.
Section 7-1026 - PLEADINGS AND ACCOMPANYING DOCUMENTS.
Section 7-1027 - NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
Section 7-1028 - COSTS AND FEES.
Section 7-1029 - LIMITED IMMUNITY OF PETITIONER.
Section 7-1030 - NONPARENTAGE AS DEFENSE.
Section 7-1031 - SPECIAL RULES OF EVIDENCE AND PROCEDURE.
Section 7-1032 - COMMUNICATIONS BETWEEN TRIBUNALS.
Section 7-1033 - ASSISTANCE WITH DISCOVERY.
Section 7-1034 - RECEIPT AND DISBURSEMENT OF PAYMENTS.
Section 7-1035 - ESTABLISHMENT OF SUPPORT ORDER.
Section 7-1035A - PROCEEDING TO DETERMINE PARENTAGE.
Section 7-1036 - EMPLOYER’S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
Section 7-1037 - EMPLOYER’S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
Section 7-1038 - EMPLOYER’S COMPLIANCE WITH TWO OR MORE INCOME-WITHHOLDING ORDERS.
Section 7-1039 - IMMUNITY FROM CIVIL LIABILITY.
Section 7-1040 - PENALTIES FOR NONCOMPLIANCE.
Section 7-1041 - CONTEST BY OBLIGOR.
Section 7-1042 - ADMINISTRATIVE ENFORCEMENT OF ORDERS.
Section 7-1043 - REGISTRATION OF ORDER FOR ENFORCEMENT.
Section 7-1044 - PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
Section 7-1045 - EFFECT OF REGISTRATION FOR ENFORCEMENT.
Section 7-1046 - CHOICE OF LAW.
Section 7-1047 - NOTICE OF REGISTRATION OF ORDER.
Section 7-1048 - PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER.
Section 7-1049 - CONTEST OF REGISTRATION OR ENFORCEMENT.
Section 7-1050 - CONFIRMED ORDER.
Section 7-1051 - PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.
Section 7-1052 - EFFECT OF REGISTRATION FOR MODIFICATION.
Section 7-1053 - MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE.
Section 7-1054 - RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
Section 7-1056 - NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
Section 7-1057 - JURISDICTION TO MODIFY CHILD-SUPPORT ORDER OF FOREIGN COUNTRY.
Section 7-1058 - PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.
Section 7-1060 - APPLICABILITY.
Section 7-1063 - DIRECT REQUEST.
Section 7-1064 - REGISTRATION OF CONVENTION SUPPORT ORDER.
Section 7-1065 - CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
Section 7-1066 - RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER.
Section 7-1067 - PARTIAL ENFORCEMENT.
Section 7-1068 - FOREIGN SUPPORT AGREEMENT.
Section 7-1069 - MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER.
Section 7-1070 - PERSONAL INFORMATION — LIMIT ON USE.
Section 7-1071 - RECORD IN ORIGINAL LANGUAGE — ENGLISH TRANSLATION.
Section 7-1072 - GROUNDS FOR RENDITION.
Section 7-1073 - CONDITIONS OF RENDITION.
Section 7-1074 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.