Child support in Idaho
When you're a separated or divorced parent, you might pay or receive child support. Child support is meant to provide the child with the financial support they would be getting if their parents were still together.
Generally, the noncustodial parent pays support to the custodial parent. If parents have shared custody, the parent who has more income pays support. In some cases, if parents spend nearly equal time with their child and have similar incomes, the court may determine that the child support amount would be so small that no support is needed.
Support ends when a child turns 18 or when they become married or emancipated. It might continue until 19 if the child is still eligible and in high school at that age.
Child support guidelines
Idaho's child support guidelines explain how the courts arrive at the support amount.
The basic support obligation is based on parents' combined incomes, the number of children they share and how much parenting time they each have.
Unlike many other states, Idaho counts public assistance benefits (e.g., welfare) received for the children as income.
If a parent has no income, their potential income is used to calculate support. Idaho typically assumes the parent could be making around $15 an hour full time. If the parent disputes this, the court can order a vocational evaluation and a professional will review the parent's employment history, skills, etc. to determine their potential income.
If you don't already have a custody order, you might need to get one (or a temporary custody order while that case is in progress) before the court decides child support. This establishes parenting time and ensures you're paying a fair amount of support.
How support is calculated
Use the calculator above to estimate how much support you'll pay or receive.
To do the math yourself, look at the support schedule and find the baseline support amount you're expected to contribute based on combined parental income and number of children.
The paying parent is expected to pay the portion of the obligation equal to their share of the combined income (i.e., if they make 70% of the income, they pay 70% of the support obligation).
By court order or agreement, other expenses like child care, health insurance and education can be added to the basic obligation. If the paying parent already pays these costs, they may be able to deduct them from the amount of support owed. There could also be a reduction if the receiving parent claims the child on taxes.
Support worksheets
Fill out a child support worksheet to calculate your exact support amount. You'll each need to turn one in as part of your case. You can turn one in together if you agree on the support amount.
Use the Standard Child Support Worksheet if one parent will have at least 75% of parenting time.
If both parents have more than 25% of parenting time, use the Shared, Split or Mixed Custody Worksheet. Split custody means each parent has at least one of their shared children in their custody. Mixed custody means siblings follow different custody schedules.
The Court Assistance Office can help you fill out your worksheet, although it cannot give legal advice.
Unusually high or low incomes
If parents have a combined yearly income of over $300,000, the support guidelines apply to the first $300,000. The court (or parents by agreement) determine any additional amount that should be paid based on things like the child's lifestyle before their parents' split.
If the paying parent makes less than $800 per month, the judge may deviate from the guidelines to ensure that parent will have enough money to support themself. It's presumed that support should be at least $50 per month, per child, but this can be challenged in court.
Applying for child support
You can request child support when you file for custody or divorce.
Another option is to apply through Child Support Services (CSS), part of the Department of Health and Welfare.
Regardless of how you apply, CSS will collect, disperse and keep track of support payments for you at no extra cost — called a "nonenforcement case." For a $25 fee, you can have an "enforcement case," which means CSS can also enforce and modify your order and locate the paying parent if need be, among other services.
Agreeing on child support
Parents can reach a support agreement on their own or with the help of lawyers or a mediator.
If you do, fill out the child support stipulation forms to finalize your case. Specifically, you'll need the:
- Stipulation for Entry of Order, Judgment, or Decree
- Decree of Paternity, Custody, Visitation and Support
- Child Support Transmittal Form
File these forms, along with a petition for support and support worksheet (if you haven't already turned these in), with your local district court.
Paying child support
Options for paying support include having the amount deducted from your pay (called income withholding), paying online and paying by phone.
Typically, the paying parent pays support through CSS, which passes it along to the receiving parent.
Parents can pay support directly to each other, but this is not recommended. While you can keep track of payments on your own, CSS is a more reliable record keeper, and the court will give more weight to its record.
Receiving parents may choose to receive support payments via direct deposit or have the payments loaded onto their Idaho Family Support Card.
Modifying child support
You can modify support through CSS if you have an enforcement case with the office.
Otherwise, request to change support through the court. If you agree on a new amount, fill out the forms to finalize by stipulation.
The court will typically approve an agreement so long as it's in the child's best interests. Without an agreement, you'll need to prove there's been a "substantial and material change," such as:
- A change of at least 10% in either parent's income (Intentionally getting a lower-paying job doesn't count.)
- Unexpected loss of employment
- Marriage
- Incarceration
- Moving to a different state
If the court approves a modification, the new support amount is effective from the date the petition for modification was filed.
Enforcing child support
If you have an enforcement case with CSS, they will take action for you when the paying parent misses a payment.
If you have a nonenforcement case with CSS, fill out the forms for Enforcement of Order, Judgment or Decree, and file them with the court.
CSS or the court can penalize the paying parent with:
- Wage garnishment
- Seizure of income tax refunds
- Suspension of driving and hunting licenses
- Contempt of court charges
- Jail time
The receiving parent does not have the right to withhold visits if the paying parent fails to pay support. Nor does the paying parent have the right to withhold support when the receiving parent withholds visitation.
If you cannot afford support, you must make an effort to get legal help to reduce the support amount or make a payment arrangement with CSS to pay off past due amounts.
Calculating parenting time
Idaho uses overnights to determine how much support parents should pay. You'll need to know how many times you have custody overnight in a year.
Estimating your overnights rather than calculating exactly can potentially impact your child support order by thousands of dollars a year.
Still, attorneys and the court usually estimate because manually tallying parenting time is time-consuming.
The Custody X Change app lets you quickly calculate your overnights with your child.
Try this with Custody X Change.
With Custody X Change, you can tweak your parenting time schedule to see how even little changes affect your time with the child. Plus, you can see how the number changes each year due to holidays and other events.
Whether you're paying or receiving child support, make sure your calculation is exact. The number will affect you, your child and the other parent for years to come.