Idaho

Marriage & Family Law Home

In Idaho, when a divorce is decreed, the court may require a maintenance order if it finds that the party applying for alimony is in appropriate need. The court’s decision will be based on several factors.

Two main factors to be considered by the court are whether the spouse seeking support lacks the appropriate property to provide for their reasonable needs, based on the standard of living established during marriage, and whether they are able to support his or herself through employment.

The maintenance order will be in an amount and for a length of time that the court finds just dependent on all relevant factors, which include, but are not limited to:

• The financial resources of the individual seeking maintenance



• The current income, employment, and other earnings of each part ....... Click here to get more info on Alimony

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:

• The financial resources of the child



• 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



• The standard of living the child enjoyed during the marriage



• The physical and emotional condition and needs of the child and his or her educational needs



• The availability of medical coverage for the child at reasonable cost as defined in section 32-1214B, Idaho Code

The actual tax benefit recognized by the party claiming the federal child dependency exemption. 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 of this section, order the continuation of support payments until the child discontinues his high school education or ....... Click here to get more info on Child Support

In the state of Idaho, the court shall consider the following factors for custody: ....... Click here to get more info on Custody

Unlike most states, Idaho has straightforward divorce laws. ....... Click here to get more info on Divorce

In Idaho, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may petition the court by using a stand-alone petition for visitation.

When reviewing a request for visitation, the court will base their decision on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under Idaho's custody and visitation statute as:

(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 ....... Click here to get more info on Visitation

In Idaho, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property. ....... Click here to get more info on Property Division