Section 32-1806 – STATUTORY CONSTRUCTION.
32-1806. STATUTORY CONSTRUCTION. (1) Nothing in this chapter shall be construed to affect any delegation of powers made pursuant to section 15-5-104, Idaho Code. (2) Nothing in this chapter shall be construed as invalidating the provisions of the child protective act in chapter 16, title 16, Idaho Code, or shall modify the burden of proof […]
Section 32-1609 – NO REQUEST FOR HEARING.
32-1609. NO REQUEST FOR HEARING. If the obligor or a co-owner has not filed a request for hearing within fourteen (14) days after the date the department mailed the notice to the obligor, the department shall notify the financial institution and the financial institution shall promptly surrender the amount of the asset that has been […]
Section 32-1610 – HEARING TO CONTEST ASSET WITHHOLDING.
32-1610. HEARING TO CONTEST ASSET WITHHOLDING. (1) Within five (5) business days of receiving a timely request for hearing, the department will schedule the administrative hearing date and notify the obligor and any co-owners by mail. Upon receiving the request for hearing, the department shall notify the financial institution that it must continue to hold […]
Section 32-1611 – BASIS TO CONTEST THE ASSET WITHHOLDING ORDER.
32-1611. BASIS TO CONTEST THE ASSET WITHHOLDING ORDER. The obligor who owes the support or any co-owner of the asset that is subject to the asset withholding order may contest the order to withhold. Contests are limited to the following issues: (1) The amount of the arrears; (2) The validity of the order; (3) The […]
Section 32-1612 – ORDER FROM HEARING.
32-1612. ORDER FROM HEARING. (1) The department shall issue an order based upon the hearing that rejects the contest or supports the contest in whole or part. The parties may file an appeal with the district court within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code. (2) The department shall notify the […]
Section 32-1613 – DEFAULT.
32-1613. DEFAULT. (1) The allegations of the asset withholding order shall be deemed admitted and the department shall issue an order upholding the asset withholding order if the obligor or co-owner fails to appear at the hearing without good cause. The default and issuance of any subsequent order shall be entered pursuant to the department’s […]
Section 32-1614 – LIABILITY OF FINANCIAL INSTITUTION.
32-1614. LIABILITY OF FINANCIAL INSTITUTION. Notwithstanding any other provisions of federal or state law, any financial institution, or officer, agent or employee of the financial institution, acting in good faith, shall be immune from all civil and criminal liability for withholding funds, freezing assets, turning over assets or otherwise complying or attempting to comply with […]
Section 32-1701 – SHORT TITLE.
32-1701. SHORT TITLE. This chapter may be known and cited as the "De Facto Custodian Act." History: [32-1701, added 2010, ch. 236, sec. 1, p. 609.]
Section 32-1702 – PURPOSE.
32-1702. PURPOSE. The purpose of this act is to: (1) Give constitutionally required deference to the decisions of fit parents in custody actions brought by third parties; (2) Subject to such constitutionally required deference, meet the needs of children for caring and stable homes by providing a flexible method by which a third party who […]
Section 32-1703 – DE FACTO CUSTODIANS.
32-1703. DE FACTO CUSTODIANS. (1) "De facto custodian" means an individual who: (a) Is related to a child within the third degree of consanguinity; and (b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and […]