7-1041 — PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. [EFFECTIVE UNTIL JULY 1, 2007; SEE SECTION 7-1044 FOR VERSION EFFECTIVE JULY 1, 2007]
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TITLE 7
SPECIAL PROCEEDINGS
CHAPTER 10
UNIFORM INTERSTATE FAMILY SUPPORT ACT
7-1041. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. [EFFECTIVE UNTIL
JULY 1, 2007; SEE SECTION 7-1044 FOR VERSION EFFECTIVE JULY 1, 2007]. (1) A
support order or income-withholding order of another state may be registered
in this state by sending the following documents and information to the
district court in this state:
(a) A letter of transmittal to the tribunal requesting registration and
enforcement;
(b) Two (2) copies, including one (1) certified copy, of all orders to be
registered, including any modification of an order;
(c) A sworn statement by the party seeking registration or a certified
statement by the custodian of the records showing the amount of any
arrearage;
(d) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and any other
source of income of the obligor; and
(iii) A description and the location of property of the obligor in
this state not exempt from execution; and
(e) The name and address of the obligee and, if applicable, the agency or
person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal
shall cause the order to be filed as a foreign judgment, together with one (1)
copy of the documents and information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy that must be
affirmatively sought under law of this state may be filed at the same time as
the request for registration or later. The pleading must specify the grounds
for the remedy sought.
7-1041. CONTEST BY OBLIGOR. [EFFECTIVE JULY 1, 2007] (1) An obligor may
contest the validity or enforcement of an income-withholding order issued in
another state and received directly by an employer in this state by
registering the order in a tribunal of this state and filing a contest to that
order as provided in sections 7-1043 through 7-1057, Idaho Code, or otherwise
contesting the order in the same manner as if the order had been issued by a
tribunal of this state.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to the obligee;
(b) Each employer that has directly received an income-withholding order
relating to the obligor; and
(c) The person designated to receive payments in the income-withholding
order or, if no person is designated, to the obligee.