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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

To file for a divorce in this state, the plaintiff must be a resident of the state for at least 6 weeks before filing. The divorce may be filed with the district court in the county where either spouse resides

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on the following grounds: 1) Irreconcilable Differences; 2) Adultery; 3) Extreme Cruelty; 4) Willful desertion or neglect; 5) Addiction to alcohol; 6) Permanent insanity; or 7) Conviction of a felony.

LEGAL SEPARATION: In actions for a legal separation, the court may determine the custody of the children, the amount of child support and alimony, the division of property and the responsibility for the payment of debts.

PROPERTY DISTRIBUTION: Idaho is a community property state, meaning that the marital estate is usually divided equally. The following factors may be taken into consideration when determining the property division: 1) The duration of the marriage; 2) Any prenuptial agreements; 3) The age, health, occupation and earning capacity, and liabilities of each spouse; 4) The needs of each spouse; 5) Whether alimony has been awarded; and 6) The retirement benefits of each spouse.

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may order one spouse to pay maintenance if it is determined that the spouse seeking support is unable to be self-supporting and lacks sufficient property to provide for his or her reasonable needs. The time period and amount of maintenance determined is based on the following factors: 1) The duration of the marriage; 2) The fault of either party; 3) The financial resources of the spouse seeking maintenance; 3) The time required to acquire sufficient education or find employment; 4) The age, physical and emotional condition, and earning ability of the spouse seeking maintenance; 5) The ability of the spouse paying maintenance to meet his or her own needs; and 6) The tax consequences to each spouse.

CHILD CUSTODY: Custody may be awarded to either parent, based on the "Best Interests of the Child". The court shall consider the following factors when determining custody:

* The wishes of the child;

* The wishes of each parent regarding custody;

* The relationship of the child with each parent and his or her siblings;

* The child's adjustment to home, school, and community;

* The need to promote continuity in the child's life;

* The relative parental fitness of each parent;

* The evidence of domestic violence

The court may award either joint physical custody or joint legal custody or shared custody based on the court's determination of the best interests of the child or children. [Based on Idaho Statutes: 32-717 and 32-717B]

CHILD SUPPORT: Either parent may be ordered to pay child support, with the assumption that both parents share legal responsibility for supporting their child. That legal responsibility should be divided in proportion to their Guidelines Income, whether they are separated, divorced, remarried, or never married.

ENFORCING CHILD SUPPORT IN THE STATE OF IDAHO – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383