Idaho § 32-1204 NOTICE OF IMMEDIATE INCOME WITHHOLDING

Idaho Statutes

§ 32-1204 — NOTICE OF IMMEDIATE INCOME WITHHOLDING

Idaho § 32-1204

Title 32DOMESTIC RELATIONS

Ch. 12MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT

This text of Idaho § 32-1204 (NOTICE OF IMMEDIATE INCOME WITHHOLDING) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 32-1204 (2026).

Text

(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)

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(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.

Legislative History

[(32-1204), added 1986, ch. 222, sec. 1, p. 596; am. 1990, ch. 361, sec. 1, p. 974; am. 1993, ch. 335, sec. 2, p. 1246; am. 1993, ch. 335, sec. 9, p. 1256; am. and redesig. 1998, ch. 292, sec. 8, p. 937.]