|
Courts and
Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law
Terms
Idaho State
Judiciary
Idaho
State Bar Association
Idaho
State Law Library
Idaho Legal Aid
Services
State Statutory
Resources
Idaho Statutes -
Includes Search Feature - TITLE 32, DOMESTIC RELATIONS
|
Divorce
Law
32-603. CAUSES FOR DIVORCE.
Divorces may be granted for any of the following causes:
1. Adultery.
2. Extreme cruelty.
3. Willful desertion.
4. Willful neglect.
5. Habitual intemperance.
6. Conviction of felony.
7. When either the husband or wife has become permanently insane, as
provided in sections 32-801 to 32-805, inclusive.
8. Irreconcilable differences.
5-404. OTHER ACTIONS -- VENUE DETERMINED
BY RESIDENCE -- EXCEPTIONS.
In all other cases the action must be tried in the county in which the
defendants, or some of them, reside, at the commencement of the action; or,
if none of the defendants reside in the state, or, if residing in this
state, the county in which they reside is unknown to the plaintiff, the same
may be tried in any county which the plaintiff may designate in his
complaint; and if the defendant is about to depart from the state, such
action may be tried in any county where either of the parties reside, or
service is had, subject,
however, to the power of the court to change the place of trial, as provided
in this code; provided, that all actions against life or fire insurance
companies, suit or action may be commenced and tried in the county where the
death occurred or the loss was sustained; and provided, further, that in all
actions against any corporation organized under the laws of the state of
Idaho, suit or action shall be commenced and tried in any county of this
state where the defendant has its principal place of business or in the
county in which the cause of action arose.
For more
information, please review the Idaho Statutes - Title 32, Domestic Relations
Marriage and Living Together Law
Idaho
Marriage License Law
Child
Support
32-706. CHILD SUPPORT.
(1) In a proceeding for divorce
or child support, the court may order either or both parents owing a duty of
support to a child to pay an amount reasonable or necessary for his or her
support and education until the child is eighteen (18) years of age, without
regard to marital misconduct, after considering all relevant factors which
may include:
(a) The financial resources of the child;
(b) The financial resources, needs, and obligations of both the custodial
and noncustodial parents which ordinarily shall not include a parent's
community property interest in the financial resources or obligations of a
spouse who is not a parent of the child, unless compelling reasons exist;
(c) The standard of living the child enjoyed during the marriage;
(d) The physical and emotional condition and needs of the child and his
or her educational needs;
(e) The availability of medical coverage for the child at reasonable cost;
(f) The actual tax benefit recognized by the party claiming the federal
child dependency exemption.
(2) If the child continues his high school education subsequent to reaching
the age of eighteen (18) years, the court may, in its discretion, and after
considering all relevant factors which include those set forth in subsection
(1) of this section, order the continuation of support payments until the
child discontinues his high school education or reaches the age of nineteen
(19) years, whichever is sooner.
(3) All child support orders shall notify the obligor that the order will
be enforced by income withholding pursuant to chapter 12, title 32, Idaho
Code. Failure to include this provision does not affect the validity of the
support order. The court shall require that the social security numbers of
both the obligor and obligee be included in the order or decree.
(4) In a proceeding for the support of a child or a minor parent the court
may order the parent(s) of each minor parent to pay an amount reasonable or
necessary for the support and education of the child born to the minor
parent(s) until the minor parent is eighteen (18) years of age, after
considering all relevant factors which may include:
a) The financial resources of the child;
(b) The financial resources of the minor parent;
(c) The financial resources, needs and obligations of the parent of the
minor parent;
(d) The physical and emotional condition and needs of the child and his
or her educational needs; and
(e) The availability of medical coverage for the child at reasonable cost.
(5) The legislature hereby authorizes and encourages the supreme court of
the state of Idaho to adopt and to periodically review for modification
guidelines that utilize and implement the factors set forth in subsections
(1) through (4) of this section to create a uniform procedure for reaching
fair and adequate child support awards. There shall be a rebuttable
presumption that the amount of the award which would result from the
application of the guidelines is the amount of child support to be awarded,
unless evidence is presented in a particular case which indicates that an
application of the guidelines would be unjust or inappropriate. If the court
determines that circumstances exist to permit a departure from the
guidelines, the judge
making the determination shall make a written or specific finding on the
record that the application of the guidelines would be unjust or
inappropriate in the particular case before the court. When adopting
guidelines, the supreme court shall provide that in a proceeding to modify
an existing award, children of the party requesting the modification who are
born or adopted after the entry of the existing order shall not be
considered.
For more
information, please review the Idaho Statutes - Title 32, Domestic Relations
Idaho Child Support Guidelines
Idaho Child
Support Calculator
Idaho Department of Health & Welfare - Child Support Services
Idaho Child
Child
Support Explained
Child
Custody and Visitation Law
32-717. CUSTODY OF CHILDREN -- BEST INTEREST.
(1) In an action for divorce
the court may, before and after judgment, give such direction for the
custody, care and education of the children of the marriage as may seem
necessary or proper in the best interests of the children. The court shall
consider all relevant factors which may include:
(a) The wishes of the child's parent or parents as to his or her custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or her
parent or parents, and his or her siblings;
(d) The child's adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the child;
and
(g) Domestic violence as defined in section 39-6303, Idaho Code, whether or
not in the presence of the child.
(2) If the parent has a disability as defined in this section, the parent
shall have the right to provide evidence and information regarding the
manner in which the use of adaptive equipment or supportive services will
enable the parent to carry out the responsibilities of parenting the child.
The court shall advise the parent of such right. Evaluations of parental
fitness shall take into account the use of adaptive equipment and supportive
services for parents with disabilities and shall be conducted by, or with
the assistance of, a person who has expertise concerning such equipment and
services. Nothing in this section shall be construed to create any new or
additional obligations on state or local governments to purchase or provide
adaptive equipment or supportive services for parents with disabilities.
(3) In any case where the child is actually residing with a grandparent in
a stable relationship, the court may recognize the grandparent as having the
same standing as a parent for evaluating what custody arrangements are in
the best interests of the child.
(4) As used in this chapter:
(a) "Adaptive equipment" means any piece of equipment or any item that is
used to increase, maintain or improve the parenting capabilities of a parent
with a disability.
(b) "Disability" means, with respect to an individual, any mental or
physical impairment which substantially limits one (1) or more major life
activities of the individual including, but not limited to, self-care,
manual tasks, walking, seeing, hearing, speaking, learning or working, or a
record of such an impairment, or being regarded as having such an
impairment. Disability shall not include transvestism, transsexualism,
pedophilia, exhibitionism, voyeurism, other sexual behavior disorders,
substance use disorders, compulsive gambling, kleptomania or pyromania.
Sexual preference or orientation is not considered an impairment or
disability. Whether an impairment substantially limits a major life activity
shall be determined without consideration of the effect of corrective or
mitigating measures used to reduce the effects of the impairment.
(c) "Supportive services" means services which assist a parent with a
disability to compensate for those aspects of their disability which affect
their ability to care for their child and which will enable them to
discharge their parental responsibilities. The term includes specialized or
adapted training, evaluations, or assistance with effective use of adaptive
equipment, and accommodations which allow a parent with a disability to
benefit from other services, such as braille texts or sign language
interpreters.
(5) Nothing in this chapter shall be construed to allow discrimination on
the basis of disability. In any case where the disability of a parent is
found by the court to be relevant to an award of custody of a child, the
court shall make specific findings concerning the disability and what
effect, if any, the court finds the disability has on the best interests of
the child.
(6) With reference to this section, when an active member of the Idaho
national guard has been ordered or called to duty as defined in section
46-409, Idaho Code, such military service thereunder shall not be a
substantial or material and permanent change in circumstance to modify by
reducing the member's previously decreed child custody and visitation
privileges.
For more
information, please review the Idaho Statutes - Title 32, Domestic Relations
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property
Division
32-712. COMMUNITY PROPERTY AND HOMESTEAD -- DISPOSITION.
In case of divorce by the decree of a court of competent jurisdiction, the
community property and the homestead must be assigned as follows:
1. The community property must be assigned by the court in such proportions
as the court, from all the facts of the case and the condition of the
parties, deems just, with due consideration of the following factors:
(a) Unless there are compelling reasons otherwise, there shall be a
substantially equal division in value, considering debts, between the
spouses.
(b) Factors which may bear upon whether a division shall be equal, or the
manner of division, include, but are not limited to:
(1) Duration of the marriage;
(2) Any antenuptial agreement of the parties; provided, however, that the
court shall have no authority to amend or rescind any such agreement;
(3) The age, health, occupation, amount and source of income, vocational
skills, employability, and liabilities of each spouse;
(4) The needs of each spouse;
(5) Whether the apportionment is in lieu of or in addition to maintenance;
(6) The present and potential earning capability of each party; and
(7) Retirement benefits, including, but not limited to, social security,
civil service, military and railroad retirement benefits.
2. If a homestead has been selected from the community property, it may be
assigned to either party, either absolutely, provided such assignment is
considered in distribution of the community property, or for a limited
period, subject in the latter case to the future disposition of the court;
or it may
be divided or be sold and the proceeds divided.
3. If a homestead has been selected from the separate property of either,
it must be assigned to the former owner of such property, subject to the
power of the court to assign it for a limited period to the other spouse.
For more
information, please review the Idaho Statutes - Title 32, Domestic Relations
|
