This is a compilation of questions compiled and written by staffs of the Idaho Attorney General’s Office, Department of Health and Welfare and the federal Office of Child Support Enforcement.
Does the legislation threaten the due process rights of Idaho’s citizens?
Does the legislation threaten the privacy rights of Idaho’s citizens? only the state of residence of an individual sought for child support purposes. Foreign countries currently have no access to personal information and do not gain any access with this legislation.
Does the legislation limit an Idaho court’s ability to evaluate a foreign support order?
Would this legislation require Idaho’s courts to accept all foreign orders?
Is there any provision in the law that bypasses court review?
If the treaty is ratified, would foreign countries have direct access to Idaho citizens’ personal information?do not have direct access to personal information of Idaho citizens. The treaty does not change existing privacy and security requirements that apply to federal and state child support programs. Currently the federal Office of Child Support Enforcement is authorized to provide a foreign treaty country, upon request, only the state of residence of an individual sought for child support purposes. No other information may be disclosed from the Federal Parent Locator System.
Would personal data be compromised when countries exchange support enforcement orders?
Is the federal government using threats and coercion to force approval of the bill?
In 1996, as part of Welfare Reform legislation, Congress required a state to enact UIFSA 1996 as a condition of receiving federal funds. The federal funding requirement that a state enact UIFSA 2008 is consistent with past practice. Federal support of state child support enforcement programs is only authorized by Congress so long as Idaho or any other state has a program that meets the minimum standards for operation set by Congress.
Congress has updated an existing requirement which created the need for this legislation. Not passing this legislation means Idaho no longer meets the minimum standards for operation established by Congress and does not qualify to receive federal child support funding, or authorization to access federal support enforcement tools.
Would the bill’s adoption in Idaho mean the state would have to enforce Sharia (Islamic) or foreign law?
What is the process for a new country to join the convention?
What is the process for enforcing a foreign child support order?
Is a court’s review of public policy limited to a review of due process and notice and opportunity to be heard?
Would every order registered in Idaho be subject to review to determine if it is appropriate to enforce in Idaho?
What would happen if the Idaho court determines a foreign order is not appropriate to enforce?
Did states have input into the development of the treaty and its requirement for uniform passage of UIFSA 2008?
Does this bill have anything to do with child custody or abduction laws?to financial support of a child(ren) when one parent lives in Idaho and the other parent resides in another state or foreign country.
Would the amendments subject Idaho to International law?
- Apply Idaho law when establishing an order or enforcing a state order or a foreign support order.
- Require an Idaho court to follow the law of the state or country that issued an order in determining the duration of support.
- Apply the statute of limitations of Idaho or of the state or foreign country that issued the order – whichever is longer and therefore provides the most protection to the child.
Additionally, both current law and the amendments provide that the length of time for the support obligation is governed by the law of the jurisdiction where it was established.
Does this legislation jeopardize Idaho’s sovereignty?
Does the legislation give the United Nations additional authority over Idaho or its citizens?
Are other states balking at approving the UIFSA 2008 amendments?
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