Boise Family Law Lawyers - Divorce Attorneys (208) 472-2384 Child Support in Idaho

Child Support Questions
Boise Family Law Lawyers encounter a whole variety of legal questions ranging from divorce to adoption.  Some of the most common questions revolve around child support.  Most people are familiar with the Idaho Child Support Guidelines to the extent that they exist and are used to determine child support.  Most questions directed to Boise Divorce Attorneys concerning child support are, "do the guidelines apply to me?" and "can we agree on a different amount?"

In short, the guidelines apply to any divorce, custody or modification proceeding in Idaho where there is at least one child under the age of 18 (or 19 if they are still in high school).  As to agreeing on a different amount, it is possible, but there are certain hoops you have to jump through.

Deviating from the Guidelines
How can you get an Idaho Court to set a child support amount that is different from the guidelines?  Your divorce attorney must ask the court to set a different amount and give the judge convincing evidence to show that the child support amount set by the guidelines is not the appropriate amount.  The judge is required to incorporate the reasons and their conclusion in their findings of fact and conclusions of law.

Good Idea or Bad?
Is it a good idea to deviate from the guidelines?  In most cases, if there are compelling reasons to set the child support amount at a different rate then, logically, it is in the best interest of the child.  There are situations, however, where this can actually backfire.  As a Boise Divorce Attorney I have seen several instances, after the fact, where the intended result is not what the party anticipated.   Often people will compel the court to set their child support amount at a larger dollar amount because it is their intent to secure a higher level housing for your children, for instance.  These individuals intend to give the ex-spouse more money so they can continue to make the house payment.  When that person continues to receive the extra child support but fails to make the house payment, the payor will seek to modify based on the fact that the money is not going where it is supposed to.  Often a judge will refuse to grant the modification because there is no material and permanent change in circumstances and therefore the person is out of luck until such change actually takes place.

As a Boise Family Law Lawyer in these cases, I suggest to my clients rather than seeking the child support to be set at a different amount, that they explore the possibility of a side agreement to provide for the children's housing.  Keeping the agreement out of the court order prevents any changes having to rise to the standard of substantial and material.

If you are seeking a divorce, child custody or modification and you need to speak to a Boise Divorce Lawyer, give us a call, (208) 472-2384 and see what we can do for you.

Boise Divorce Lawyers - Boise Family Law Lawyers - Idaho Custody Attorneys - Paternity

Boise Divorce Lawyers, Idaho Custody Attorneys, Boise Family Law Lawyers, call (208) 472-2384 or visit www.divorceboiseid.com for your free consultation today.

We all know people who have been subject to paternity tests.  Boise Family Law Lawyers often hear people say that their girlfriend says its their baby but they know they aren't the dad.  Idaho Custody Lawyers often see that same guy after his paternity test has come back positive.  But what happens when the girlfriend tells the guy that he's the dad and he believes her?  What happens when that same guy pays child support for that child?  What happens when that guy finds out that that kid isn't his and that that girl knew it all along?

Boise Family Law Lawyers have a new tool to help that poor guy who has been tricked into believing he was the dad.  The Idaho Legislature has enacted a domestic relations statute that helps the innocent victim of paternity fraud.  If you have found yourself in this situation a Boise Divorce Attorney can file a petition to terminate the child support order and a petition requesting that the mother of the child or the biological father pay you restitution in the amount that you paid for child support for the child who was not yours.  You have two years from the date that you discover that the child is not yours to file the petition.  Your attorney has to show by clear and convincing evidence that you are not the biological father and that the mother willfully and intentionally claimed you were. 

If you need to speak to a Boise Family Law Lawyer, an Idaho Custody Attorney or a Boise Divorce Lawyer, please call (208) 472-2384.