By Selim Star

​There are three ways to collect unpaid medical bills, unpaid daycare bills and changes to child support, those methods are: CIVIL CONTEMPT; CRIMINAL CONTEMPT and MOTION FOR PARTIAL JUDGMENT IN A SUM CERTAIN. You can think of a Motion for partial judgment in a sum certain as a motion for accounting all the medical bills, daycare expenses, insurance payment into a lump sum judgment.

For information regarding Civil and Criminal Contempt you can read the 2014 blog post here.

MOTION FOR PARTIAL JUDGMENT. or Motion for Accounting is the attempt is to get an order which states the total amount due through a certain date. At the time that the Decree of Divorce or Decree of Paternity was done, no one knew how much the daycare expenses or medical expenses would be in total, so the language in the Decree would say something like "father shall pay 65% and mother shall pay 35%."  

EASIER THAN CONTEMPT. Motion for partial judgment for a sum certain, is easier than a motion for contempt, as a judge is more likely to allow you to attach your receipts to your motion and get a judgment, rather than the complexities of and formalities of contempt, but contempt can put someone in jail, award attorney fees or fine them for non-compliance. 

SEPARATE FROM CHILD SUPPORT. Medical expenses, medical insurance premiums, daycare expenses, are separate from child support and are often not included in child support. Often one parent has paid those expenses without the other's contribution you can file a motion for these amounts. 

CONTEMPT. It is generally a separate action from contempt. 

SEND INVOICES WHEN RECEIVED. Judges get grumpy when you hang on to receipts and then file a motion for a large amount without having sent them to the other party to pay in a reasonable time after you received them. The invoices should be forwarded to the other party within a reasonable time from when they were received. In fact Judge Haemmerle has been including this paragraph in her orders "Parties may not hoard medical bills to untimely submit to the other demanding payment of multiple billings that have accumulated over a period of time, but should exchange them as they are received.” 

IF MORE THAN $500 COST TO OTHER PARTY NEED CONSENT IN WRITING. The family law rules require written consent before incurring expensive health care expenses. "Any claimed health care expense for the children, whether or not covered by insurance, which would result in an actual out-of-pocket expense to the other parent of over $500 for the course of treatment, must be approved in advance, in writing, by both parents or by prior court order. Relief may be granted by the Court for failure to comply under extraordinary circumstances, and the Court may in its discretion apportion the incurred expense in some percentage other than that in the existing support order, and in so doing, may consider whether consent was unreasonably requested or withheld." IRFLP 126 H.4.b.

COLLECTION. The Motion for Partial Judgment in a Sum Certain, takes the percentages that each parent owed for daycare or medical expenses and allows you to get a lump sum judgment for those amounts. Once you have the lump sum judgment you can collect the amount as a normal creditor would or you can add the amount to child support arrears. Normal collection methods are generally wage withholding or a lien on an asset, which is very difficult. 

USES for MOTION FOR PARTIAL JUDGMENT IN A SUM CERTAIN.

• Back Child Support
• Child Care Expenses
• Health Insurance Premium (changes to it or switch from Medicaid to employer)
• Health Care Expenses can be (medical, dental, orthodontist, special education, psychological, addiction treatment)
• Continuing Support (when first child turns 18 and they kept taking the same amount as for two kids)
• Wrong parent declared a child on their taxes (this would be to reconcile the amount by getting a judgment for the benefit they gained by not following the Decree)
• Spousal Maintenance, Alimony, Spousal Support 

SELF HELP FORM. There used to be a self help form to collect the unpaid medical expenses, daycare expenses etc. That form was in this format: 

Full Name of Party Filing this Document
Mailing Address (Street or Post Office Box)
City, State and Zip Code
Telephone Number
IN THE DISTRICT COURT OF THE ____________________ JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________________
, )
Plaintiff, ) Case No.
vs. )
) MOTION AND AFFIDAVIT FOR
, ) ENTRY OF PARTIAL JUDGMENT IN A
Defendant. ) SUM CERTAIN
)
STATE OF IDAHO )
: ss
County of __________________)
To obtain a partial judgment in a sum certain, I swear under oath:
[ ] Section One: Health Care or Work-related Child Care Expenses.
1. The Order/Decree in this case provides for a sharing of [ ] health care expenses not paid by insurance, and/or [ ] work-related child care costs, in the following percentages: _______% to be paid by father and ______% to be paid by mother.
2. I have paid the total sum of [ ] $______________ in medical expenses and/or [ ] in work-related child care costs and, despite having submitted proof of payment to the other parent, I have not been reimbursed.
3. (name) ____________________________ owes me the sum of $___________ for his/her portion of health care expenses not paid by insurance or work-related child care expenses incurred to (date), _____________________, and a partial judgment should be entered against him/her in that amount.

[ ] Section Two: Payments to Creditors.
1. The Order/Decree in this case provides for the payment of the following account/s by my former spouse: .
2. I have paid the total sum of $______________ for this/these accounts and, despite having submitted proof of payment to my former spouse, I have not been reimbursed.
3. (name) ____________________________ owes me the sum of $___________ for his/her portion of creditor payments made by me to ____________________ (date), and a partial judgment should be entered against him/her.
[ ] Section Three. Request for Partial Judgment.
I ask that Partial Judgment be entered against (other party’s name) ________________________ in favor of (your name) ____________________________in the amount of $________________, for
[ ] health care expenses [ ] work-related child care costs [ ] payments to creditors.
[ ] This Partial Judgment should be collected through Idaho Health and Welfare, Child Support Receipting. I have attached copies of receipts reflecting the above amounts, which are true and correct amounts to the best of my knowledge and belief. (Attach receipts and/or any other documentation used to verify the amount requested.)
Date:
Signature
SUBSCRIBED and SWORN to before me this _____ day of , 20____.
Notary Public for
Residing at
Commission Expires:

Some Judges in the Fifth District are sending out an order which explains the Mandatory Disclosures in Idaho Rules of Family Law Procedure (IRFLP) 401. 

I have included a copy of that Order below and it is interesting as it explains better when you need to provide information about debts and assets, as this order indicates that you need not do so when only custody and child support are in controversy. 

If you are thinking "What information do I need to gather to file a custody action or a divorce action?" The Mandatory Disclosures is a good place to start. 

The Order which addresses IRFLP 401 was attached to the Order to Attend Scheduling Conference (which Blaine County sends out automatically when an answer is filed) is as follows: 


ADDENDUM TO SCHEDULING CONFERENCE ORDER

Pursuant to IRFLP 401 and good cause appearing;

IT IS HEREBY ORDERED that within thirty-five (35) days of the date of this Order, the parties shall disclose under oath, to every other party, the following information:

1.         In a case in which child support is an issue, each party (with the exception of the Idaho Department of Health and Welfare) shall disclose the following information to the other party:

a.         A fully completed Affidavit Verifying Income on a form substantially in compliance with Rule 126.1 and Appendix A and a Child Support Worksheet substantially in compliance with Rule 126.1 and Appendix B or C;

b.         Proof of income of the party from all sources, specifically including W-2 forms, 1099 forms, and K-I forms, for the prior two (2) completed calendar years, and year-to-date income information for the current calendar year. including, but not limited to, year-to-date pay stub, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;

c.         Proof of the amount of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided;

d.         Proof of the cost of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;

e.         Proof of the cost of any child care expenses paid by the party for any child listed or referenced in the petition;

f.          Proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and

g          Proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.

2.         When Health and Welfare is a party to a case in which child support and/or other financial matters regarding the child(ren) are at issue, IDHW shall disclose all financial information at its disposal after redacting social security numbers to the other parties who have made an appearance in the case.
[sic]
4.         If either party has requested an award of spousal maintenance or an award of attorneys' fees and costs, each party shall disclose the following information to the other:

a.         A fully completed affidavit containing the information required by Rule 504.A.2; and

b.         Those documents set forth in subdivision A.2 above.

5.         Unless the parties have entered into a written agreement disposing of all property issues in the case or no property is at issue in the case, each party shall prepare a list of all items having a fair market value more than $100 of real and personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry and similar items in which any party has an interest, together with the party's estimate of current fair market value (not replacement value) for each item. In addition, each party shall provide to the other party the following documents:

a.         Copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by any party;

b.         Copies of all monthly or periodic bank, checking, savings, brokerage and security account statements in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure;

c.         Copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option, and annuity balances, including Individual Retirement Accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information;

d.         Copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;

e.         Copies of all documents that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition, including any documents that the party may rely upon in placing a value on any item of real or personal property;

f.          Copies of all business tax returns, balance sheets, profit and loss statements, and

all documents that may assist in identifying or valuing any business or business interest for the last two (2) completed calendar or fiscal years and through the latest available date prior to disclosure with respect to any business or entity in which any party has an interest or had an interest for the period commencing twenty-four (24) months prior to the filing of the petition; and

g.         Copies of any bankruptcy filings of the parties, or either of them. If a party does not possess a copy of any of the above documents, they shall provide the name, address and telephone number of the custodian of the documents.

            6.         Unless the parties have entered into a written agreement disposing of all debt issues in the case or no debts are at issue in the case, each party shall prepare a list of a list of all debts identifying the creditors and the amounts owed. In addition, each party shall provide to the other party the following documents:

a.         Copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information; and

b.         Copies of credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure.

7.         Forty-two (42) days before trial each party shall disclose the names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness's expected testimony. A party shall not be allowed to call witnesses who have not been disclosed at least forty-two (42) days before trial, or such different period as may be ordered by the court.

8.         Forty-two (42) days before trial each party shall disclose the name, address and telephone number of any person whom the disclosing party expects to call as an expert witness at trial, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness, and the name and address of the custodian of copies of any reports prepared by the expert. A party shall not be allowed to call an expert witness who has not been disclosed at least forty-two (42) days before trial or such different period as may be ordered by the court.

IT IS FURTHER ORDERED that:

1.         The duty described in this Order shall be a continuing duty, and each party shall make additional or amended disclosures before a motion hearing or trial in the event new or different information is discovered or revealed.
         
2.         The disclosures shall not be filed with the Court. The party receiving disclosures shall retain the original of the disclosures with the original proof of service affixed thereto until one (1) year after final disposition of the action. At that time, the originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

3.         The party serving disclosures shall file with the court a notice of when the disclosures were served and upon whom.

4.         Nothing in this Order shall preclude relevant additional discovery by a party in a family law case, in which case further discovery may proceed as set forth in these rules of family law procedure. If a party believes more detailed disclosure is necessary other than that set forth herein, that party may obtain discovery by one or more of the following methods: written [sic]."

A Mandatory Disclosure form must be filed in any divorce or custody or child support action filed in Blaine County, Camas County, Cassia County, Gooding County, Jerome County, Lincoln County, Minidoka County or Twin Falls County. 

The Fifth Judicial District of Idaho (Blaine County, Camas County, Cassia County, Gooding County, Jerome County, Lincoln County, Minidoka County or Twin Falls County) adopted the Idaho Rules of Family Law Procedure (IRFLP) as of July 1, 2014, which means all cases filed after July 1, 2014 must follow the new family law rules. Cases filed before July 1, 2014 still follow the Idaho Rules of Civil Procedure. The order adopting the new family rules can be viewed here. Mandatory Disclosures is 

Whether you have an attorney or not you must answer all of the questions required by the mandatory disclosures and collect all of the required documents. 

You can find the Rule here. Idaho Rules of Family Law Procedure 401. The entire rule is quoted below. 


Idaho Rules of Family Law Procedure Rule 401. Mandatory Disclosure in Contested Proceedings.

The requirements of this rule are minimum disclosure requirements for every family law case. Unless otherwise provided for in this rule or agreed to in writing by the parties or ordered by the court, within thirty-five (35) days after the filing of a responsive pleading, each party shall disclose in writing, signed under oath, to every other party the information set forth in this rule.

A. Child Support. In a case in which child support is an issue, each party (with the exception of the Idaho Department of Health and Welfare) shall disclose the following information to the other party:

1. a fully completed Affidavit Verifying Income on a form substantially in compliance withRule 126.I and Appendix A and a Child Support Worksheet substantially in compliance with Rule 126.I and Appendix B or C;

2. proof of income of the party from all sources, specifically including W-2 forms, 1099 forms, and K-1 forms, for the prior two (2) completed calendar years, and year-to-date income information for the current calendar year, including, but not limited to, year-to-date pay stub, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;

3. proof of the amount of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided;

4. proof of the cost of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;

5. proof of the cost of any child care expenses paid by the party for any child listed or referenced in the petition;

6. proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and

7. proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.

B. When Health and Welfare is a party. When the Idaho Department of Health and Welfare (IDHW) is a party to a case in which child support and/or other financial matters regarding the child(ren) are at issue, IDHW shall disclose all financial information at its disposal after redacting social security numbers to the other parties who have made an appearance in the case.

C. Spousal maintenance and attorneys' fees and costs. If either party has requested an award of spousal maintenance or an award of attorneys' fees and costs, each party shall disclose the following information to the other

1. a fully completed affidavit containing the information required by Rule 504.A.2 and

2. those documents set forth in subdivision A.2 above.

D. Property. Unless the parties have entered into a written agreement disposing of all property issues in the case or no property is at issue in the case, each party shall prepare a list of all items having a fair market value more than $100 of real and personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry and similar items in which any party has an interest, together with the party's estimate of current fair market value (not replacement value) for each item. In addition, each party shall provide to the other party the following documents:

1. copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by any party;

2. copies of all monthly or periodic bank, checking, savings, brokerage and security account statements in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure;

3. copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option, and annuity balances, including Individual Retirement Accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information;

4. copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;

5. copies of all documents that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition, including any documents that the party may rely upon in placing a value on any item of real or personal property;

6. copies of all business tax returns, balance sheets, profit and loss statements, and all documents that may assist in identifying or valuing any business or business interest for the last two (2) completed calendar or fiscal years and through the latest available date prior to disclosure with respect to any business or entity in which any party has an interest or had an interest for the period commencing twenty-four (24) months prior to the filing of the petition; and

7. copies of any bankruptcy filings of the parties, or either of them.

If a party does not possess a copy of any of the above documents, they shall provide the name, address and telephone number of the custodian of the documents.

E. Debts. Unless the parties have entered into a written agreement disposing of all debt issues in the case or no debts are at issue in the case, each party shall prepare a list of a list of all debts identifying the creditors and the amounts owed. In addition, each party shall provide to the other party the following documents:

1. copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information; and

2. copies of credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure.

F. Disclosure of witnesses. Forty-two (42) days before trial each party shall disclose the names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness's expected testimony. A party shall not be allowed to call witnesses who have not been disclosed at least forty-two (42) days before trial, or such different period as may be ordered by the court.

G. Disclosure of expert witnesses. Forty-two (42) days before trial each party shall disclose the name, address and telephone number of any person whom the disclosing party expects to call as an expert witness at trial, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness, and the name and address of the custodian of copies of any reports prepared by the expert. A party shall not be allowed to call an expert witness who has not been disclosed at least forty-two (42) days before trial or such different period as may be ordered by the court.

H. Continuing Duty to Disclose. The duty described in this rule shall be a continuing duty, and each party shall make additional or amended disclosures before a motion hearing or trial in the event new or different information is discovered or revealed.

I. Not Filed with Court. The disclosures shall not be filed with the court. The party receiving disclosures shall retain the original of the disclosures with a copy of the notice of service affixed thereto until one (1) year after final disposition of the action. At that time, the originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

J. Notice of Serving. The party serving disclosures shall file with the court a notice of when the disclosures were served and upon whom.


From: http://www.isc.idaho.gov/irflp401
As viewed August 31, 2014. 

You can get compensated if you are owed child support, alimony, spousal support, medical expenses, daycare bills, or maybe you are still on the mortgage for a house or a car loan of your ex-spouse. 

YOU MUST SEE AN ATTORNEY QUICKLY. Collecting the amounts owed to you is a very difficult and technical process. Quite literally, if you didn't give proper time or say the magic words in your paperwork the court will throw you out. 

IF SOMEONE IS THREATENING TO FILE CONTEMPT AGAINST YOU. You must contact an attorney immediately, as there may be things you can do now to avoid contempt.

ACT NOW. If you don't act immediately you may lose the most effective method of collecting, throwing the person in contempt in jail. 

I find that about half the time a threatening letter from an attorney will make someone comply with the order. 

There is in essence THREE ways to proceed and all three methods can be pursued simultaneously:

ONE. “Motion for Entry of a Partial Judgment for a Sum Certain” or Motion for Accounting. The attempt is to get an order which states the total amount that is owed, in order to collect the amount as a normal creditor would or you can add the amount to child support arrears. Normal collection methods are generally wage withholding or a lien on an asset, which is very difficult. Generally a separate action from contempt. 

TWO. Criminal Contempt. This is simply throwing someone in jail or a fine for something that they did not do when they should have. Because the person was ordered to do something, they didn't do it, and they could have done it, there is no way to avoid jail time or a fine through future compliance. Inability to comply at the time the person was supposed to do it is a defense to this action. Some judges are applying a statute of limitations of one year to this action. Some judges force you to prove that they could have complied at the time that the action was supposed to have been done. 

THREE. Civil Contempt. This is simply allowing someone to comply in 30 days and avoid a penalty altogether. Inability to presently comply is a defense to this action. Often used to pay back alimony or child support arrears. The Judge comes up with an amount that he or she feels the contemnor can pay back after reviewing that persons earnings and reasonable living expenses. Often it is a monthly expenditure, such as $100 towards arrears until the arrears are paid in full. If a payment isn't made then contemnor goes to jail. There is no statute of limitations. 

ATTORNEY FEES. Attorney fees can be awarded if you prevail. Each Judge is very different as to what situation he or she awards attorney fees. Sometimes you must have said the magic words in order to get attorney fees. 

Please read Rule 75 in it's entirety and also Idaho Code 7-610, and as stated before the law and rules are so technical, that this is not an area that can be done without an attorney. 

This area of the law changes daily as the Judges attempt to balance the quazi-criminal elements of contempt such as putting someone in jail and the constitutional protections involved with court action that results in jail time, with the inherent ability of the court to enforce its orders and fairness of allowing someone to receive the benefit of the what the court ordered them to receive.  

You can be put into jail for not paying child support in Idaho. If someone has filed contempt against you or an action to suspend your drivers license, you should seek legal counsel. 

In addition, if you have not been receiving child support, depending on the circumstances you can put the non-paying parent in jail for non-payment or suspend their hunting or driver's license or have the court order them to work. (Contempt-Additional Penalties for Child Support Delinquency, I.C. Sec 7-612)

The penalties for not complying with a child support order can be very serious and can result in 5 days of jail for each instance of contempt for a total of 30 days in jail if it is regarding non-payment of child support. (Contempt-Judgment Penalty, I.C. Sec. 7-610)

CONTEMPT FOR ANYTHING. Generally you can request that a court find someone in contempt for not complying with anything that they were previously ordered to do, whether child support, alimony, paying a credit card, following a custody schedule, etc. The possible sanctions, possible defenses and chances for success vary widely. 

AN ATTORNEY IS NEEDED FOR CONTEMPT. Contempt actions are very difficult and the possibility of success in defending or prosecuting an action varies dramatically depending on the County or the Judge hearing the issue. An attorney with practical experience is absolutely necessary.  

You will need an attorney if you want to file a contempt motion to collect child support or if a contempt action has been filed against you. 

CRIMINAL CONTEMPT. In Idaho a party to a case may seek to enforce an order through criminal contempt. Criminal contempt is generally asking the court to find that a party is in contempt for not doing something in the past, that can't be presently fixed. For example, someone was ordered to do a certain thing at a certain time and they didn't, they can't go back in time to fix the fact that it was not done. In other words the act once done cannot be undone. Or the inaction can't be remedied. (I.R.C.P. 75 Contempt)

CIVIL CONTEMPT. In Idaho when someone has not done what they were ordered to do in a decree or order then you can ask the court to impose a penalty upon them if they don't comply in the future. In civil contempt a penalty can be avoided if something is done. For example, if someone is behind in child support then the court could order child support arrears to be paid in full by a certain date or else jail time or a fine would be imposed. Even once contempt is found a penalty can be avoided by complying by a certain time. (I.R.C.P. 75 Contempt)

DEFENSE OF INABILITY TO COMPLY. If someone has filed a contempt action against you there is a defense available that you were unable or are unable to comply. There are other defenses but these defenses are very technical and time-sensitive, contact an attorney immediately. (I.R.C.P. 75 Contempt)

Contempt-Judgment Penalty, I.C. Sec. 7-610
(6) Civil sanction. A civil sanction is one that is conditional. The contemnor can avoid the sanction entirely or have it cease by doing what the contemnor had previously been ordered by the court to do. A civil sanction can only be imposed if the contempt consists of failing to do what the contemnor had previously been ordered by the court to do. 
 (7) Criminal sanction. A criminal sanction is one that is unconditional. The contemnor cannot avoid the sanction entirely or have it cease by doing what the contemnor had been previously ordered by the court to do. A suspended sanction with probationary conditions is a criminal sanction, as is a sanction that includes provisions that are both conditional (civil) and unconditional (criminal). A criminal sanction may be imposed for any contempt.


Contempt-Additional Penalties for Child Support Delinquency, I.C. Sec 7-612
In addition to the penalties for contempt contained in this chapter, the following additional penalties are available for a child support delinquency:
(1)  Work activities. In all cases under chapter 2, title 56, Idaho Code, where the custodial parent or children receive temporary assistance for families in Idaho, and the obligor owes past due support and is not incapacitated, the court may issue an order requiring the obligor to participate in work activities.
(2)  License suspension. Pursuant to chapter 14, title 7, Idaho Code, the court may issue an order suspending a license for a child support delinquency as defined by section 7-1402, Idaho Code.