Child Support in Idaho
Child support in Idaho cases is generally determined in accordance with the Idaho Child Support Guidelines. The conventional perception is that this is a matter of number-crunching. One determines each party’s gross income and resorts to tables provided in the Guidelines to determine a “base” child support amount. That number is then adjusted for credits, when applicable, for the cost of health insurance for the children when provided by one of the parties and for the taking of the tax exemptions of the children.
In many cases it really is about as simple as that. However, the nitty gritty of actual cases sometimes does cause the best laid plans of courts and bureaucrats to go astray.
Determining a party’s gross income can be complicated. The Guidelines contain a broad definition of “gross income.” It goes way beyond what the IRS considers to be gross income. Nonetheless, there can be exceptions.
Overtime pay and second jobs come in for special treatment. They usually are not included in gross income, but under various circumstances can be.
The Guidelines are of course just guidelines, and arguments can be made that in any given case the court should set child support above or below the Guidelines amount. This typically requires specific reasons that the court finds persuasive.
Stipulations (agreements) between the parties to zero child support or an obviously low child support amount tend to draw the court’s scrutiny, and a judicial response to the effect of, “tell me why I should sign this child support order that you have presented to me.” Courts generally look askance at what appears to be a trade of child support (which is supposed to benefit the children) for something that benefits the parent waiving or reducing child support. If the Department of Health And Welfare is involved, it will actively oppose any child support determination that is not made in accordance with the Guidelines.
I won’t even mention issues such voluntary unemployment and underemployment.
This like all other blogs should be treated as a general discussion and not as legal advice for any specific situation.
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