Section 32-1605 – RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER.
32-1605. RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER. (1) When an asset withholding order is received by a financial institution pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. Financial institutions shall accept the […]
Section 32-1606 – DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION.
32-1606. DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION. (1) A financial institution shall accept an asset withholding order by any form of U.S. mail, commercial mail, delivery service, by facsimile or other electronic form of correspondence. If the asset withholding order is delivered electronically, the effective date shall be the date the […]
Section 32-1607 – NOTICE.
32-1607. NOTICE. Upon the issuance of an asset withholding order to the financial institution, the department shall, within one (1) business day, send to the obligor by certified mail, at the last known address in the department’s records, a copy of the asset withholding order and a notice containing the following: (1) The obligor’s and/or […]
Section 32-1608 – DUTIES OF THE FINANCIAL INSTITUTION.
32-1608. DUTIES OF THE FINANCIAL INSTITUTION. (1) Upon receipt or acceptance of an asset withholding order issued by the department pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. The financial institution shall honor […]
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 […]