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Idaho Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.

What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.

T. Augustus Claus
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answered on Dec 8, 2023

In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: Can you get child support you paid to your ex while kids were in your full time care getting custody?

Kids were with their mother full time

I took the kids into my care for emergency reasons

While filing with the court and going for custody I paid over 5 weeks of child support to her while waiting for motions for mine to be dropped

Can I go to small claims to get my money... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details that you provided, it may be possible to recover child support payments made to your ex while the children were in your full-time care in Idaho, but it depends on some factors:

- Once you filed for custody/modification of custody, you should have also immediately filed...
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1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Change of child support

My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... View More

1 Answer | Asked in Child Support for Idaho on
Q: Do I need to pay child support in arrears in idaho? My child is 26 almost 27.

Owed something in the amount of $20, 000.

Kevin M Rogers
Kevin M Rogers
answered on Dec 8, 2022

Your question doesn’t give enough information to answer competently. Have you been sued for arrears already? Was the Support Order reduced to a money judgment? Do you have any paperwork concerning what happened 26 almost 27 years ago?

Generally speaking, child support is ordered by a...
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1 Answer | Asked in Divorce, Family Law and Child Support for Idaho on
Q: My husband and I separated, I applied for daycare and food stamp assistance. Child support now wants to open a case.

I don’t want to go through child support to calculate,we want to solve our issues regarding financial support for our children amicably, can we go about that without further action from child support?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

Nope. By applying for Idaho benefits, Idaho has a "vested interest," in making sure that whatever monies it has provided you, are paid back. That means that whatever you and your husband thought you had decided, may be okayed by the Court, but the Department of Health and Welfare,... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: Is there a way you can add a child to an existing custody agreement?

The first and newest child have the same father.

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

Yes, the Idaho Rules of Family Law Procedure have a rule which allow the parties to add new parties. A new child, born during the litigation, should fall into this category.

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: Can my child's father file for custody in Idaho when she currently lives in Nevada?

She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

NOPE. Foul!

If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: My daughter who is 2 hasn’t seen her mom since she was 4 months. can I file for abandonment/get her rights removed?

Her mom has been in and out of jail and she doesn’t call or text only reason I know she’s not in jail is because I check her Facebook. But she has had ZERO contact since she was 4 months old. No contact no calls no money nothing.

Kevin M Rogers
Kevin M Rogers
answered on Oct 25, 2021

Idaho used to have a statute that said that a parent who fail to have normal parent/child relationship for over one year without just cause was guilty of abandonment and subject to having rights terminated. I do not know personally why that law was abandoned by the Idaho legislature but it has... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most... View More

1 Answer | Asked in Family Law and Child Support for Idaho on
Q: Can the state of Idaho take my money I had prior to the marriage for my husband's back child support?

I received money for the sale of my home in December 2020. I was married in February of 2021. Just added him to my checking acct 2 weeks ago (May 2021) and the state took almost $30,000 of my money for his back support and without any notice.

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

No they can't . . . unless you put your money and new husband's money into a "joint checking account" and can't tell which money was your original money and trace out the money which belonged to your new husband. However, in Idaho, all money which is deposited into a joint... View More

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I’m trying to regain full custody what can I do besides a whole modification is there any emergency custody or ?

I’m looking for an attorney to help me with a custody modification I have had a child with me and her dad has primary custody but nobody’s able to reach him I do you have a verification from the school that she’s been with me and a paper from Health and welfare that the principal signed if I... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 9, 2021

If the child's father has primary custody, please answer a couple of questions so I can respond accurately:

1. Why do you / have you had the child with you?

2. Where did dad go? Why can't you get in touch with him?

If you could answer these questions, it might...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: My ex is trying to get 50/50 custody. I’ve always had primary custody. She’s a teen & he emotionally neglects her.

What are my options? I believe his reason for wanting more custody is to reduce his child support obligation. He makes a lot of money now vs when we had our first agreement. Can he truly be granted 50/50? When he’s never had that much time throughout her life. How can I protect her & my... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

The Court is required to do what is in the best interests of the minor child. The father's motives notwithstanding, the Court will do what is in the child's best interests. There are a myriad off options for you to take to protect your parental rights. The major thing is to be... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Idaho on
Q: I am not married but have two small children with a man im separating from that is abusive. Can my attorney show this?

The mental and emotional abuse I’ve had to endure while taking care of my kids in this relationship has been a lot. The kids see it and my 5 year old is suffering from it. He uses it to control everything, as he makes the money and I take care of the kids. We are going to be going to court soon... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 14, 2021

If you hire competent legal counsel, your attorney can ask the Court to grant you Temporary Legal and physical custody of your children. You should always hire counsel to do this type of legal work for you. Never try to do this by yourself. What you describe may be chargeable as a crime or at... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: A few years back I signed guardianship of my child to my exinlaws due to losing my job and house. Recently they decided

To move to a new city 200 miles from me. My daughter is 15 and begged to stay with me instead. She is now living with me full time due to the fact they would be living in a camper until they found a place to live. They dropped her off and I asked them to sign a paper stating she was now in my... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 3, 2021

The facts unclear as to why you would be paying a significant amount of current child support if the child living with you; that would be a question a lawyer could help you sort out.

With regards to change of custody, that is question that a court would make the final determination. There...
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1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: I have a question about a child in the foster system

She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to... View More

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: My parents are both emotionally immature could I get custody of my 15 yr old sister being 22 myself. I have my own place

They've been very abusive, emotionally abusive, and have neglected her to the point where she takes care of herself to the best she can. But I just want to give her more, and teach her skills my parents should've. I have a good job and she was also thinking of getting a job so we'd... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 3, 2020

You sound like an emotionally mature, young man and an adult by Idaho law. Idaho Title 15, Chapter 13 provides that you may apply to become her permanent guardian, even at your young age. If your parents object, so be it. It sounds like you have plenty of anecdotal evidence of your irresponsible... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Idaho on
Q: Is it legal to not allow a biological mother to see her children if there is no court orders?

I feel I have been wrongfully alienated from my sons. They are now adopted by thier paternal grandparents, to which I know that my sons will have to seek me when they come of age. With that being said I feel they took advantage of me, had me sign my rights over unwillingly, and had alienated me... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 28, 2020

Once the adoption took place, water passed under the bridge and there's no going back. Your desires to see them notwithstanding, you should not bother the paternal grandparents and NEVER make an attempt to see your sons. If they're curious when they come of age, they will seek you out,... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: What should I do if I paid my ex wife child support directly to her bank acct and she opened a case with DES.

She claims I owe over $60k and I have bank statements. What is my beat option. All my taxes go to her and even my stimulus check went to her.

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Your Divorce Decree told you to pay Child Support through "Child Support Receipting." If you had done what the court ordered you to do you would be able to have H&W print out a complete record of your payments. However, because you chose to pay it the way YOU wanted, you will be... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: If children adopted by parental grandparents. Are both non custodial parents responsible for arrears in child support

I hadn't paid child support from 2007 to 2012. When I got my job I immediately called child support and started paying tears and current. Children were adopted by grandparents in 2014. Current child support stopped. I now pay my rears as much as I can when I can. I feel as though I am the only... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

The child support "program" in Idaho goes like this: we (Legislature) want PARENTS (rather than taxpayers, to pay for children! It's a "policy" enshrined in our codified laws. So, its very simple math: natural parents were 100% jointly, financially responsible for their... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Idaho on
Q: In the state of idaho can a minor of age 16 apply for court emancipation?
Kevin M Rogers
Kevin M Rogers
answered on May 3, 2020

Yes. She will need to convince the Court that she has some place to live and some way to support herself and that she’s either got wheels and insurance OR good bus service wherever she (or her baby) needs to go!

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