56-203C POWERS OF DEPARTMENT.

56-203C. Powers of department. (1) In order to carry out its responsibilities imposed under this chapter and title IV-D of the social security act, the state department of health and welfare, through the attorney general or the respective county prosecuting attorney, or through private counsel is hereby authorized to take the following action:

(a) Petition to establish an order for support including medical support and support for a period during which a child received public assistance;

(b) Petition to establish paternity and order genetic testing of any individual involved in the paternity action;

(c) Petition to modify an order for support in accordance with the Idaho child support guidelines at the request of an obligor, obligee or state agency providing services under title IV-D of the social security act;

(d) Petition to enforce an order for support of a child or a spouse or former spouse who is living with a child for whom the individual also owes support; and

(e) Intervene in a divorce or separate maintenance action or proceedings supplemental thereto, for the purpose of advising the court regarding support of a child or advising the court as to the financial interest of the state of Idaho therein without necessity of further leave of the court.

(f) Other services as required by title IV-D of the social security act.

(2) The department of health and welfare is not authorized to provide services regarding visitation or custody of a child unless so authorized by title IV-D of the social security act.

(3) In any action taken under this section, the prevailing party may, at the discretion of the court, be allowed reasonable attorney's fees and costs to be set by the court.

History:

[56-203C, as added by 1975, ch. 264, sec. 4, p. 712; am. 1979, ch. 201, sec. 1, p. 581; am. 1986, ch. 222, sec. 3, p. 603; am. 1990, ch. 361, sec. 6, p. 978; am. 1996, ch. 221, sec. 1, p. 725; am. 1997, ch. 195, sec. 2, p. 553.]