Upon the issuance of an asset withholding order to the financial institution, the department shall, within one (1) business day, send to the obligor by certified mail, at the last known address in the department’s records, a copy of the asset withholding order and a notice containing the following:
(1)  The obligor’s and/or the co-owner’s right to a hearing;
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Terms Used In Idaho Code 32-1607

  • Arrears: means child or spousal support that is due, owing and unpaid pursuant to a support order. See Idaho Code 32-1602
  • Asset: means cash or cash value in or of a demand deposit account, checking or negotiable withdrawal order account, savings account, share account, share draft account, time deposit account or money market mutual fund account; and/or negotiable instruments including stocks and bonds, annuities, investment accounts or funds, and the cash value of insurance. See Idaho Code 32-1602
  • Asset withholding order: means an administrative order issued by the department of health and welfare to a financial institution requiring the freezing and surrender of an asset in which an obligor has an interest. See Idaho Code 32-1602
  • Department: means the Idaho department of health and welfare. See Idaho Code 32-1602
  • Financial institution: means a bank, credit union or other depository institution, benefit association, insurance company, safe deposit company, money market mutual fund and other entities defined in 42 U. See Idaho Code 32-1602
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligor: means any person obligated by support order to pay child or spousal support. See Idaho Code 32-1602
(2)  The request for a hearing must be in writing and received by the department within fourteen (14) days after the date of mailing the notice;
(3)  That the asset subject to the withholding order will be applied to the arrears unless a timely request for hearing is made;
(4)  That the asset will be released by the department if the obligor pays the arrears and the current support obligation in full; and
(5)  The grounds to contest the asset withholding order:
(a)  The amount of arrears;
(b)  The validity of the order;
(c)  The extent of the obligor’s interest in the asset; and
(d)  The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code.