2005 Idaho Code - 32-710A — SUPPORT PAYMENTS PAID TO THE DEPARTMENT OF HEALTH AND WELFARE

                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 7
                               DIVORCE ACTIONS
    32-710A.  SUPPORT PAYMENTS PAID TO THE DEPARTMENT OF HEALTH AND WELFARE.
A. Effective October 1, 1998, all payments for child support ordered pursuant
to any decree of divorce or other order for support shall be paid, unless
otherwise ordered by the court, to the department of health and welfare. The
department shall keep a record of payments made under said order or decree and
shall, within two (2) business days of receipt of such payment, transmit said
payments to the person or persons entitled thereto by virtue of said order or
decree. Whenever a child is in the physical care of a person or entity other
than its parents and the department of health and welfare is providing child
support services under title IV-D of the social security act, the department
may, after written notice to the obligor and obligee and the opportunity for
hearing set forth in paragraphs 1. through 3. of this subsection transmit
payments under an order of support for said child to the person or entity who
has physical care of said child, without further order of the court, whether
or not such person or entity is the obligee under the support order.
    1.  The department shall send notice of its intent to transmit child
    support payments to the person or entity who has physical care of the
    child by registered or certified mail to the last known address of the
    obligor and obligee under an order for support of the child.
    2.  The obligor and obligee may file a written objection to the
    transmittal of child support payments with a court of proper jurisdiction
    within fourteen (14) days from the date the notice of transmittal is
    mailed. A copy of the written objection shall be sent to the department of
    health and welfare.
    3.  After hearing in a court of proper jurisdiction and entry of an order,
    or if no written objection is made by the obligor or obligee, the
    department may transmit the payments under an order of support for the
    child to the person or entity who has physical care of the child.
    B.  Any person entitled to receive child support payments pursuant to any
decree of divorce or other order for support may make application for
enforcement services to the department of health and welfare as provided in
section 56-203A, Idaho Code, when child support is not being paid as ordered.
    C.  All child support orders shall provide that the order will be enforced
by income withholding pursuant to chapter 12, title 32, Idaho Code. Failure to
include this provision does not affect the validity of the support order or
decree. The court shall require that the social security numbers of both the
obligor and obligee be included in the order or decree.