Idaho Family Case Answer and Counterclaim (With Children) is a document filed in a family court in the state of Idaho in response to a Petition for Dissolution of Marriage (Divorce) with children. It is used to answer the claims made in the Petition for Dissolution of Marriage, and to make any counter claims that the respondent (defendant) may have against the petitioner (plaintiff). It also sets out any requests for relief, such as alimony, child support, and visitation rights. There are two types of Family Case Answer and Counterclaim (With Children) documents in Idaho: one for individuals who are not represented by an attorney, and one for individuals who are represented by an attorney.
Idaho Family Case Answer and Counterclaim (With Children)
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Family Case Answer and Counterclaim (With Children)
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FAQ
There shall be a rebuttable presumption that a minimum amount of support is at least $50.00 per month per child.
Child support obligations in Idaho are calculated using the Income Shares Model. The idea is to estimate the amount of support that the children would have received if the marriage hadn't failed. This support amount is then divided between the parents in proportion to their respective incomes.
Joint or shared custody doesn't negate a child support obligation. Even if both parents share equal charges, one parent will usually still owe some child support. The only exception would be if both parents earn the same amount of money and spend the same amount of time with the kids.
The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.
If a parent is voluntarily unemployed or underemployed, child support will be based on gross potential income, except that potential income should not be included for a parent that is physically or mentally incapacitated.
Q: At what age can a child decide which parent to live with? A: When a child turns 18 they have the legal right to move wherever they desire. Before then, there is no specific age by law when they can start making that type of decision for themselves.
Yes. Parties can agree to a different amount of child support than recommended by the Idaho Child Support Guidelines. However, child support obligations should still be calculated to show to the court, and there must be a good reason(s) to ask the court to order a different amount of support than the calculated amount.
