Idaho Code 7-1206 – Department Lien for Child Support Delinquency
Current as of: 2023 | Check for updates
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(1) Upon a delinquency under a child support order for which the department is or has been providing child support enforcement services, a lien arises upon and attaches to the real and personal property of an obligor. When the amount of the lien is equal to or greater than the total support owing for at least ninety (90) days, or two thousand dollars ($2,000), whichever is less, the lien may be perfected by a filing with the office of the secretary of state. A perfected lien shall include all subsequently arising delinquencies. When a lien has been perfected pursuant to this section and the underlying delinquency reaches a zero balance or is otherwise satisfied, the lien is automatically released. Any support order or decree issued or modified after the effective date of this act shall include a provision notifying the obligor that a lien will arise automatically upon a delinquency. A notice of release of lien shall be filed pursuant to section 45-1908, Idaho Code.
(2) A lien arising out of a child support order or delinquency under the laws of another state shall be given full faith and credit as if the lien arose out of a child support order or delinquency under Idaho law.
Terms Used In Idaho Code 7-1206
- Child support: means a legally enforceable obligation assessed against an individual for the support of a child which shall include medical care, including health insurance premiums for the child, and any amount owing under an order for support during a period in which public assistance was expended. See Idaho Code 7-1202
- Delinquency: means unpaid support for a minor child or spouse which has accrued under an order. See Idaho Code 7-1202
- Department: means the department of health and welfare. See Idaho Code 7-1202
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligor: means any person obligated by order to pay child or spousal support. See Idaho Code 7-1202
- Order: means a judgment, decree, order, or administrative ruling directing a person or persons to pay money for support of a minor child or a spouse. See Idaho Code 7-1202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3) The department shall notify each obligor by certified mail of the filing of the lien at the same time the notice is delivered to the secretary of state. No such lien may be enforced until ten (10) days after notice of the filing of the lien has been given to the obligor.