2005 Idaho Code - 32-1204 — NOTICE OF IMMEDIATE INCOME WITHHOLDING

                                  TITLE  32
                              DOMESTIC RELATIONS
                                  CHAPTER 12
                MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT
    32-1204.  NOTICE OF IMMEDIATE INCOME WITHHOLDING. (1) The court shall
order income withholding in all support orders effective the date of the order
unless an exception is granted by the court pursuant to subsection (2) of this
section. All support orders shall notify the obligor that income withholding
shall be enforced by a withholding order issued to the obligor's employer,
without additional notice to the obligor.
    (2)  Immediate income withholding shall not be ordered if:
    (a)  One (1) of the parties demonstrates and the court makes a specific
    written finding that there is good cause not to require immediate income
    withholding. A finding of good cause by the court must be based on, at a
    minimum:
         (i)   A written determination and explanation of why implementing
         immediate withholding would not be in the best interests of the
         child; and
         (ii)  Proof of timely payment of previously ordered support in cases
         involving the modification of support orders; or
    (b)  A written agreement is reached between the obligor and obligee and
    the department in cases where the department is providing child support
    services, which provides for an alternative arrangement, and such
    agreement is determined by the court to be in the best interests of the
    child.
    (3)  Failure to provide for income withholding does not affect the
validity of the support order.