Current through the 2024 Regular Session
Section 7-1062 - INITIATION BY DEPARTMENT OF HEALTH AND WELFARE OF SUPPORT PROCEEDING UNDER CONVENTION(1) In a support proceeding under sections 7-1059 through 7-1071, Idaho Code, the department of health and welfare shall: (a) Transmit and receive applications; and(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.(2) The following support proceedings are available to an obligee under the convention: (a) Recognition or recognition and enforcement of a foreign support order;(b) Enforcement of a support order issued or recognized in this state;(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;(d) Establishment of a support order if recognition of a foreign support order is refused under section 7-1066(2)(b), (d) or (i), Idaho Code;(e) Modification of a support order of a tribunal of this state; and(f) Modification of a support order of a tribunal of another state or a foreign country.(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order: (a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;(b) Modification of a support order of a tribunal of this state; and(c) Modification of a support order of a tribunal of another state or a foreign country.(4) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.[7-1062, added 2015, 1st E.S., ch. 1, sec. 50, p. 26.]Added by 2015EX1 Session Laws, ch. 1,sec. 50, eff. 5/19/2015.Former section 7-1062 was renumbered Section 7-1076 and amended by 2015EX1 Session Laws, ch. 1,sec. 64, eff. 5/19/2015.