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NON-SUPPORT OF CHILDREN CRIMINAL STATUTES |
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The criminal statutes regarding non-payment of child support are found in Title 18, Chapter 4 of
the Idaho Code. The statute making failure to support children a criminal
offense is Idaho Code 18-401 and reads:
18-401. Destertion and Nonsupport of Children or Spouse
Every person who:
(1) Having any child under the age of eighteen (18) years dependent upon him
or her for care, education or support, deserts such child in any manner
whatever, with intent to abandon it;
(2) Willfully omits, without lawful excuse, to furnish necessary food,
clothing, shelter, or medical attendance for his or her child or children, or
ward or wards; provided however, that the practice of a parent or guardian who
chooses for his child treatment by prayer or spiritual means alone shall not for
that reason alone be construed to be a violation of the duty of care to such
child;
(3) Having sufficient ability to provide for a spouse's support, or who is
able to earn the means for such spouse's support, who willfully abandons and
leaves a spouse in a destitute condition, or who refuses or neglects to provide
such spouse with necessary food, clothing, shelter, or medical attendance,
unless by the spouse's misconduct he or she is justified in abandoning him or
her;
Shall be guilty of a felony and shall be punishable by a fine of not more
than five hundred dollars ($500), or by imprisonment for not to exceed fourteen
(14) years, or both.
The remaining provisions of Title 18, Chapter 4 of the Idaho Code discuss the
court's powers with regarding to remedying the defendant's failure to provide
for support of their children.
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The Prosecuting Attorney has developed a policy which is
intended to address the issues raised in attempting to enforce the non-support
custody interference statute and to limit the unnecessary use of the scarce
resources as a substitute for taking action through the civil court process.
Recent changes is state and federal law have created a
system, under the direction of the Idaho Department of Health and
Welfare, wherein the tools and resources of
the State of Idaho have been channeled to the
Department of Health and Welfare to address
non-payment of child support. Therefore, the
primary means for addressing non-payment of
child support should be addressed to the
Department of Health and Welfare.
The prosecutor's office does file non-payment of child support
cases, but only when certain criteria are met. The prosecutor's office must
prove there was a duty to furnish necessary food, clothing, shelter or medical
attendance for the child(ren) by way of a court order; that the noncustodial
parent was financially able to meet the child support obligation at the time the
payment was due and that the noncustodial parent failed to supply such needs. If
the support arrearages are more than $5,000 or are unpaid for longer than one
year, the noncustodial parent is subject to punishment. In screening a case for
prosecution, the state will consider whether all reasonable civil remedies have
been pursued first, if there is a pattern of moving from employer to employer to
avoid collection by way of withholding or other deception on the part of the
noncustodial parent, and if there is a failure to make support payments after
being held in contempt of court. Each case shall be reviewed on a case-by-case
basis as the evidence in each case will vary extremely.
It is preferable that the obligor be a resident of the Idaho or adjacent
states (due to the necessity of subpoenaing out of state witnesses) and
demonstrate at least a 50% delinquency over three years with an ability to pay
the ordered amount of child support through employment/income. The children at
issue must be Bannock County residents. Prior to any criminal filing, efforts
must be made either by the Department of Health and Welfare Child Support
Enforcement office or a private attorney to bring the obligor into compliance
with the child support order such as: orders to show cause or attempts thereof,
license suspensions, written communication, oral communications noted in a log,
withholding orders, repayment agreements, etc.
The following documents must be obtained before a decision to
prosecute can be rendered. These documents may come from any western state court
and/or agency charged with the duty to make orders and/or collect child support.
Investigative Documents
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Certified Copy of the Decree of Divorce/Judgment with attachments
such as Parenting Agreements, Child Support Calculation Sheets etc. |
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Certified copy of any subsequent court orders contained in the
divorce file, i.e. orders on show cause hearings, stipulations,
modifications etc. |
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Certified copy of the payment record. |
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Copies of any incriminating narratives (statements from obligor)
from Child Support Enforcement computer system. |
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Copies of verification of income/medical insurance forms from
employers. |
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Copies of repayment agreements signed by obligor. |
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Copies of license suspension orders. |
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Copies of Social Security Administration income/employer
information dating one year prior to decree/judgment. |
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Copies of Department of Labor earnings for the immediately
previous six quarters and/or unemployment benefit information.
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DEPARTMENT OF HEALTH AND WELFARE INFORMATION |
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The Department of Health and Welfare's, Division of Welfare,
Child Support
Services web site has information, along with answers to frequently asked
questions, on such topics as:
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Child Support Parent Payment Notification |
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Child Support Services Assistance |
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Direct Deposits/Electronic Payments |
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Employer's Guide to Child Support |
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Establishing Paternity For Your Child |
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Modifying A Existing Child Support Order |
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When Parents Live In Different States |
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When Your Child Is In Foster Care |
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Medicaid and Birth Costs |
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Facts about Health and Welfare's new procedure to
establish one central place for all child support payments to be
received, recorded, and distributed. |
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This assistance is available in both English and Spanish. |
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