Idaho Divorce Laws

Idaho Divorce Laws regarding Child Support

It is assumed that both partners should contribute to the legal responsibility of supporting the child. The following Idaho Child Support Guidelines enable the courts to reach a decision regarding child support -

• The legal responsibility of supporting the child is separated in ratio of their Guidelines Income, irrespective of whether the parents are remarried, divorced, separated or never married
• As compared to the needs of the parents or creditors, the child support issue is given more priority when assigning family resources
• The gender of the custodial parent is not considered while determining support
• The child support amount may be assigned the value of zero only rarely. When the paying parent has a monthly income less than 800 USD, the Court must meticulously consider the income and living expenditure. Then, it must allow the parent, self support means at a minimum subsistence level and further calculate the maximum amount of child support possible. There exists a rebuttable assumption that 50 USD per child is the minimum support per month.

Idaho Divorce Laws regarding Child Custody

The Court grants shared custody or joint legal custody or joint physical custody, while keeping in mind the intention of the best interest of the child. The Court is guided by the below mentioned issues –

• Any proof of domestic violence
• The relative fitness of both parents
• The requirement of promotion of continuity in the life of the child
• The adjustment of the child in the community, in the school and at home
• The relation of the child with the siblings and each parent
• The desires of both parents
• The desire of the child

Spousal support

If the partner requesting alimony is not capable of self support and has scarcity of enough property to suffice for the reasonable requirements, then the Court may release orders of the other partner having to pay spousal support. The amount of alimony is decided on the basis of following factors –

• The partner supposed to pay alimony must have a capacity to fulfill self requirements
• The earning capacity, emotional state, physical condition and age of the partner requesting spousal support
• The period needed by the partners to attain enough education to seek employment
• The economical resources of the partner requesting alimony
• The fault of either spouses in marital life
• The period of marital life

Property distribution

The Idaho Statutes 32-712 are observed while determining distribution of property. Generally, the marital estate is separated equally as this state is a community property state. To decide the property division, the following factors are taken into account –

• The retirement benefits of both partners
• How the award of spousal support has taken place
• The requirements of both partners
• The liabilities, earning potential, occupation, health and age of every partner
• Presence of any prenuptial agreements
• The period of marital life

Legal Separation of both spouses is dependent on Idaho statutes 32-704.

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