The obligor who owes the support or any co-owner of the asset that is subject to the asset withholding order may contest the order to withhold. Contests are limited to the following issues:
(1)  The amount of the arrears;
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Terms Used In Idaho Code 32-1611

  • 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
  • Co-owner: means a person having withdrawal rights on a multiple party account. See Idaho Code 32-1602
  • Obligor: means any person obligated by support order to pay child or spousal support. See Idaho Code 32-1602
(2)  The validity of the order;
(3)  The extent of the obligor’s interest in the asset; or
(4)  The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code.
Issues that have been previously adjudicated may not be contested.