Even after a divorce or separation, parents are responsible for providing financial support to their children. When parents decide to pursue a legal separation or divorce, they can agree on how they will share custody of their children. They can also agree that one will pay child support to the other.
If the parents cannot agree, the court must decide on custody and child support. Child custody may factor in deciding whether one parent must pay child support to the other. If one parent has custody, the other parent usually pays child support to the custodial parent. A judge partially determines child support by using the state child support guidelines, which factor in the income of both parents. So a parent who shares custody may still have to pay child support to the other parent.
Child support payments are often determined during the dissolution of a marriage through divorce, but the only requirement for one person to seek child support from another is that the other person is the child’s biological parent. The marriage of the parents is not a prerequisite for paying child support.
Child support is awarded according to state laws. Idaho has child support guidelines that courts use to determine the amount of child support that one parent must pay to the other if it is determined that support is owed.
How Do You Petition for Child Support?
A parent who seeks child support can hire a private attorney to request child support as part of their divorce petition. A person may also seek child support through the state child support services agency. At the beginning of the process, both parents must provide relevant information about themselves to the court, including their current employment and financial information.
Before deciding on child support, the court would decide on custody. As a preliminary matter, if there is any doubt about the paternity of the child, the parents would have to take a paternity test. Then, a court order identifies the legal father based on the paternity test results. The court can then gather information about each parent’s financial situation and consider whether to award child support to one parent and, if so, in what amount.
How Much Child Support Do I Have to Pay?
The parents can always agree on their own out of court to the payment of child support by one to the other and the amount that should be paid. The Idaho Family Court can determine and order support if the parents cannot agree. As in other states, in Idaho, several factors relating to the needs of the children and the resources of the parents are considered by a court in determining how much child support should be paid.
Like several other states, Idaho subscribes to the Income Share Model for calculating child support. Using this model, a judge estimates the amount the parents would spend on their children if the family members were still living together as a single unit.
This amount is divided between each parent according to their income to derive a child support award. Idaho’s Child Support Guidelines include a table that shows the amount of support each parent should be expected to pay based on their combined “guideline” incomes and the number of children they have together.
The percentage of the total combined income of the two parents that each contributes to the total is important. The same percentage of the parents’ total support obligation is assigned to each parent. For example, if parent A earns $6,000 a month and parent B earns $4,000 a month, parent A would be responsible for 60% of the support amount because $6,000 is 60% of the total income of $10,000. Parent B would be responsible for 40% of the support amount because their income is 40%.
Other factors figure in the calculation of child support as well. Support payment amounts are related to how custody is distributed. Other special situations that may play a role in determining the amount of child support include childcare costs and extraordinary medical costs. These costs may result in additions to the basic Idaho child support order.
What If I Do Not Pay Child Support?
A court orders the obligation to pay child support, so a person ordered to pay but does not violate a court order. The court can enforce the order when requested and has several options for ensuring that the other parent receives any overdue payments. The court can do the following:
- Take the money that the non-paying person wins from gaming, e.g., lottery winnings;
- Take a state or federal tax refund that is owed to the paying parent; or
- Garnish the wages of the paying parent.
Other consequences a person may face for failing to pay child support include the following:
- Denial of a passport;
- The person can be found guilty of contempt of court and may even have to serve time in jail;
- The person may have to pay a fine in addition to the child support they owe; or
- Their nonpayment may be reported to credit reporting agencies, affecting their credit score.
Although Idaho child support services can determine the actions to take for unpaid child support, certain punishments are imposed automatically when a person does not pay child support on time. A judge also may give instructions in the court order for what to do if the paying parent fails to pay as required.
What Can the Other Parent Have if I Do Not Pay Child Support?
A parent can seek enforcement of a court order of child support against the paying parent to recover unpaid child support. Again, the paying parent is legally obligated to pay all child support payments fully and on time.
When a judge decides that one parent is to receive child support, it may also provide that parent with different ways to get the money if the other parent fails to pay, such as:
- Filing an enforcement action in family court; or
- Filing a claim with the Idaho Child Support Services (ICSS).
The family court and ICSS have the authority to ensure that the paying parent fulfills their financial obligation to pay child support. The parent who is owed child support cannot use their own remedies, such as disobeying a legal visitation order, to get overdue child support from the paying parent.
If the parent who is owed child support withholds visitation, the parent who owes the support can go to court to enforce the visitation. However, they can expect to be sued for enforcement of the child support order.
How Can I Stop Paying Child Support?
A parent who pays child support must use the legal system to end their obligation to pay. They must return to court and get a court order saying they are no longer obligated to pay. A judge may end child support for any of the following reasons:
- The child now lives with the parent who pays child support;
- The child has turned 18 and graduated from high school;
- The paying parent has lost their job;
- The paying parent has developed a serious illness; or
- The paying parent has learned that they are not the child’s father.
Where Can You Find the Right Lawyer?
If you have children and are approaching a divorce, you want to consult an experienced Idaho child support lawyer today to help you understand your rights and responsibilities for receiving or paying child support.
If you are currently paying support and believe you should be able to end your obligation, an Idaho child support lawyer can help you assess your situation.
If you are not receiving the child support to which you are entitled by a court order, you too should consult an Idaho child support lawyer for help getting the support you should receive.
