Idaho Child Support

From LoveToKnow Divorce

Idaho Child Support Laws Explained

The Idaho child support laws help the courts calculate the appropriate child support payment after an Idaho divorce involving minor children.

Idaho Child Support

Requesting Child Support

The Idaho Child Support Calculator is an important tool to help custodial and non-custodial parents determine how much child support is appropriate. But, it is still up to the court to determine the proper amount for child support. Once a parent requests child support, the court will calculate the proper amount and issue the child support order.

The court will calculate your Idaho child support payments by looking at the following:

  • Total gross income of each parent, including things such as investment income, lottery winnings, disability benefits, and pensions benefits
  • Child support for children of other relationships
  • Childcare costs
  • Health insurance costs
  • Extra education costs for things such as singing lessons or private tutoring

Modifying Your Idaho Child Support Order

The only way to modify your existing child support order is to go to the Idaho Department of Health and Welfare and specifically request a modification. If the parents decide between themselves that they want to modify the child support payments, they must give the court a written agreement. The court can then approve the stipulation and issue the order modifying the child support order.

Either parent may request a modification, but there must be a substantial change in circumstances such as one or more of the following:

  • A raise or cut in the income of either parent
  • A change in the custody of a child
  • Obligation of either parent to support other dependants
  • Additional unexpected medical or educational expenses

If there is only a minor change in circumstances, the court may be unlikely to permanently change the child support order. However, the court may order a temporary modification that will expire in a specified number of days, weeks or months.

Terminating Child Support

Idaho child support laws require state that both parents provide financial support for their children. This support must last until the child turns 18 and graduates from high school, turns 19, dies or is emancipated--whichever occurs first.

But, if your child has a severe disability, then you may continue to receive or pay child support even after the child has reached the age of 18 or 19. If your child will remain dependant after age 18 or 19, you may go back to court and formally request that the court issue an order to continue the child support payments indefinitely.

Enforcing the Child Support Order

You can enforce a child support order in Idaho by going to the Idaho Department of Health and Welfare and requesting an enforcement application.

The enforcement agents may enforce the court’s child support order by suspending the parent's Idaho driver's license, hunting and fishing license, or professional license. Incarceration or direct payroll deductions are also possible.

Once you have applied for enforcement services, the State makes an immediate demand upon the delinquent parent to pay the child support obligation.

Using a Private Company to Collect Your Child Support Payments

If the parent that is ordered to pay child support is unemployed, self-employed, or works for cash, it may be very difficult to enforce the child support order. If this is the case, you can hire a private collection company to enforce the order and collect the Idaho child support payment. Usually, such companies keep a small percentage of the child support payment as their fee.

Useful Contact Information


 


Comments

Kimberley,

If you can't afford to hire a private attorney, you could try calling the closest university with a law school to see whether they run a community legal clinic. This is where law students work under the direction of attorneys to provide legal services. Another option would be to contact Legal Aid to see whether you qualify for assistance.

You could also find an attorney who provides a free consultation to see what is involved in having the amount of time your ex spends with the children entered into the record and how much it would actually cost. It may be possible to work out some type of payment arrangement to pay your legal fees.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My support order is being modified through Health and Welfare and Wellman Law and Mediation. Unfortunately they could only get me $100 more after 8 years. The paralegal says I would have gotten a $300 increase if my order were written up to reflect my ex husband's visitation accurately. He only sees the kids a few hours a month and has it written up at 30% time. She says they don't modify that. What can I do? I really cannot afford a private attorney.

-- Contributed by: Kimberley OBryan

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