A Mandatory Disclosure form must be filed in any divorce or custody or child support action filed in Blaine County, Camas County, Cassia County, Gooding County, Jerome County, Lincoln County, Minidoka County or Twin Falls County. 

The Fifth Judicial District of Idaho (Blaine County, Camas County, Cassia County, Gooding County, Jerome County, Lincoln County, Minidoka County or Twin Falls County) adopted the Idaho Rules of Family Law Procedure (IRFLP) as of July 1, 2014, which means all cases filed after July 1, 2014 must follow the new family law rules. Cases filed before July 1, 2014 still follow the Idaho Rules of Civil Procedure. The order adopting the new family rules can be viewed here. Mandatory Disclosures is 

Whether you have an attorney or not you must answer all of the questions required by the mandatory disclosures and collect all of the required documents. 

You can find the Rule here. Idaho Rules of Family Law Procedure 401. The entire rule is quoted below. 


Idaho Rules of Family Law Procedure Rule 401. Mandatory Disclosure in Contested Proceedings.

The requirements of this rule are minimum disclosure requirements for every family law case. Unless otherwise provided for in this rule or agreed to in writing by the parties or ordered by the court, within thirty-five (35) days after the filing of a responsive pleading, each party shall disclose in writing, signed under oath, to every other party the information set forth in this rule.

A. Child Support. In a case in which child support is an issue, each party (with the exception of the Idaho Department of Health and Welfare) shall disclose the following information to the other party:

1. a fully completed Affidavit Verifying Income on a form substantially in compliance withRule 126.I and Appendix A and a Child Support Worksheet substantially in compliance with Rule 126.I and Appendix B or C;

2. proof of income of the party from all sources, specifically including W-2 forms, 1099 forms, and K-1 forms, for the prior two (2) completed calendar years, and year-to-date income information for the current calendar year, including, but not limited to, year-to-date pay stub, salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance;

3. proof of the amount of court-ordered child support and spousal maintenance actually paid by the party in any case other than the one in which disclosure is being provided;

4. proof of the cost of all medical, dental, and vision insurance premiums paid by the party for any child listed or referenced in the petition;

5. proof of the cost of any child care expenses paid by the party for any child listed or referenced in the petition;

6. proof of any expenses paid by the party for private or special schools or other particular education needs of a child listed or referenced in the petition; and

7. proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed or referenced in the petition.

B. When Health and Welfare is a party. When the Idaho Department of Health and Welfare (IDHW) is a party to a case in which child support and/or other financial matters regarding the child(ren) are at issue, IDHW shall disclose all financial information at its disposal after redacting social security numbers to the other parties who have made an appearance in the case.

C. Spousal maintenance and attorneys' fees and costs. If either party has requested an award of spousal maintenance or an award of attorneys' fees and costs, each party shall disclose the following information to the other

1. a fully completed affidavit containing the information required by Rule 504.A.2 and

2. those documents set forth in subdivision A.2 above.

D. Property. Unless the parties have entered into a written agreement disposing of all property issues in the case or no property is at issue in the case, each party shall prepare a list of all items having a fair market value more than $100 of real and personal property, including, but not limited to, household furniture, furnishings, antiques, artwork, vehicles, jewelry and similar items in which any party has an interest, together with the party's estimate of current fair market value (not replacement value) for each item. In addition, each party shall provide to the other party the following documents:

1. copies of all deeds, deeds of trust, purchase agreements, escrow documents, settlement sheets, and all other documents that disclose the ownership, legal description, purchase price and encumbrances of all real property owned by any party;

2. copies of all monthly or periodic bank, checking, savings, brokerage and security account statements in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure;

3. copies of all monthly or periodic statements and documents showing the value of all pension, retirement, stock option, and annuity balances, including Individual Retirement Accounts, 401(k) accounts, and all other retirement and employee benefits and accounts in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information;

4. copies of all monthly or periodic statements and documents showing the cash surrender value, face value, and premiums charged for all life insurance policies in which any party has an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available for this time period, the most recent statements or documents that disclose the information;

5. copies of all documents that may assist in identifying or valuing any item of real or personal property in which any party has or had an interest for the period commencing six (6) months prior to the filing of the petition, including any documents that the party may rely upon in placing a value on any item of real or personal property;

6. copies of all business tax returns, balance sheets, profit and loss statements, and all documents that may assist in identifying or valuing any business or business interest for the last two (2) completed calendar or fiscal years and through the latest available date prior to disclosure with respect to any business or entity in which any party has an interest or had an interest for the period commencing twenty-four (24) months prior to the filing of the petition; and

7. copies of any bankruptcy filings of the parties, or either of them.

If a party does not possess a copy of any of the above documents, they shall provide the name, address and telephone number of the custodian of the documents.

E. Debts. Unless the parties have entered into a written agreement disposing of all debt issues in the case or no debts are at issue in the case, each party shall prepare a list of a list of all debts identifying the creditors and the amounts owed. In addition, each party shall provide to the other party the following documents:

1. copies of all monthly or periodic statements and documents showing the balances owing on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property in which the party has or had an interest for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure, or if no monthly or quarterly statements are available during this time period, the most recent statements or documents that disclose the information; and

2. copies of credit card statements and debt statements for all months for the period commencing six (6) months prior to the filing of the petition and through the date of the disclosure.

F. Disclosure of witnesses. Forty-two (42) days before trial each party shall disclose the names, addresses, and telephone numbers of any witness whom the disclosing party expects to call at trial, along with a statement fairly describing the substance of each witness's expected testimony. A party shall not be allowed to call witnesses who have not been disclosed at least forty-two (42) days before trial, or such different period as may be ordered by the court.

G. Disclosure of expert witnesses. Forty-two (42) days before trial each party shall disclose the name, address and telephone number of any person whom the disclosing party expects to call as an expert witness at trial, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness, and the name and address of the custodian of copies of any reports prepared by the expert. A party shall not be allowed to call an expert witness who has not been disclosed at least forty-two (42) days before trial or such different period as may be ordered by the court.

H. Continuing Duty to Disclose. The duty described in this rule shall be a continuing duty, and each party shall make additional or amended disclosures before a motion hearing or trial in the event new or different information is discovered or revealed.

I. Not Filed with Court. The disclosures shall not be filed with the court. The party receiving disclosures shall retain the original of the disclosures with a copy of the notice of service affixed thereto until one (1) year after final disposition of the action. At that time, the originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

J. Notice of Serving. The party serving disclosures shall file with the court a notice of when the disclosures were served and upon whom.


From: http://www.isc.idaho.gov/irflp401
As viewed August 31, 2014. 

Idaho Law assumes that without a court order both parents have some right to see their children. As to how long or under what conditions each parent can see the children there is no guidance.

Idaho Law does not state what parental rights exist between parents against each other without a court order, but does give the Court guidance that in a dispute "there shall be a presumption that joint custody is in the best interests of a minor child or children," but that the presumption can be overcome by "a preponderance of the evidence to the contrary." I.C. Sec. 32-717B (See http://legislature.idaho.gov/idstat/Title32/T32CH7SECT32-717B.htm last visited 7/5/14)

If there is a dispute as to what the parenting schedule should be you should see an attorney immediately.

In extreme cases a police report can be filed and the prosecutor can charge 'Child Custody Interference.' Despite the law, the police and prosecutors may be reluctant to get involved without a court order and may just tell you to talk to a lawyer to obtain a custody order.

Please read the definition of the crime of 'Child Custody Interference' as follows:

CHAPTER 45 KIDNAPPING
 18-4506. CHILD CUSTODY INTERFERENCE DEFINED -- DEFENSES -- PUNISHMENT. 1. A person commits child custody interference if the person, whether a parent or other, or agent of that person, intentionally and without lawful authority:
(a)  Takes, entices away, keeps or withholds any minor child from a parent or another person or institution having custody, joint custody, visitation or other parental rights, whether such rights arise from temporary or permanent custody order, or from the equal custodial rights of each parent in the absence of a custody order; or
(b)  Takes, entices away, keeps or withholds a minor child from a parent after commencement of an action relating to child visitation or custody but prior to the issuance of an order determining custody or visitation rights.
2.  It shall be an affirmative defense to a violation of the provisions of subsection 1. of this section that:
(a)  The action is taken to protect the child from imminent physical harm;
(b)  The action is taken by a parent fleeing from imminent physical harm to himself;
(c)  The action is consented to by the lawful custodian of the child; or
(d)  The child is returned within twenty-four (24) hours after expiration of an authorized visitation privilege.
3.  A violation of the provisions of subsection 1. of this section shall be a felony, unless the defendant did not take the child outside the state, and the child was voluntarily returned unharmed prior to the defendant's arrest in which case the violation shall be reduced to a misdemeanor.
4.  Any reasonable expenses incurred by a lawful custodian in locating or attempting to locate a child taken in violation of the provisions of subsection 1. of this section may be assessed against the defendant at the court's discretion in accordance with chapter 53, title 19, Idaho Code. (See http://legislature.idaho.gov/idstat/Title18/T18CH45SECT18-4506.htm, last visited 7/5/14, underlining added for emphasis)

You can get compensated if you are owed child support, alimony, spousal support, medical expenses, daycare bills, or maybe you are still on the mortgage for a house or a car loan of your ex-spouse. 

YOU MUST SEE AN ATTORNEY QUICKLY. Collecting the amounts owed to you is a very difficult and technical process. Quite literally, if you didn't give proper time or say the magic words in your paperwork the court will throw you out. 

IF SOMEONE IS THREATENING TO FILE CONTEMPT AGAINST YOU. You must contact an attorney immediately, as there may be things you can do now to avoid contempt.

ACT NOW. If you don't act immediately you may lose the most effective method of collecting, throwing the person in contempt in jail. 

I find that about half the time a threatening letter from an attorney will make someone comply with the order. 

There is in essence THREE ways to proceed and all three methods can be pursued simultaneously:

ONE. “Motion for Entry of a Partial Judgment for a Sum Certain” or Motion for Accounting. The attempt is to get an order which states the total amount that is owed, in order to collect the amount as a normal creditor would or you can add the amount to child support arrears. Normal collection methods are generally wage withholding or a lien on an asset, which is very difficult. Generally a separate action from contempt. 

TWO. Criminal Contempt. This is simply throwing someone in jail or a fine for something that they did not do when they should have. Because the person was ordered to do something, they didn't do it, and they could have done it, there is no way to avoid jail time or a fine through future compliance. Inability to comply at the time the person was supposed to do it is a defense to this action. Some judges are applying a statute of limitations of one year to this action. Some judges force you to prove that they could have complied at the time that the action was supposed to have been done. 

THREE. Civil Contempt. This is simply allowing someone to comply in 30 days and avoid a penalty altogether. Inability to presently comply is a defense to this action. Often used to pay back alimony or child support arrears. The Judge comes up with an amount that he or she feels the contemnor can pay back after reviewing that persons earnings and reasonable living expenses. Often it is a monthly expenditure, such as $100 towards arrears until the arrears are paid in full. If a payment isn't made then contemnor goes to jail. There is no statute of limitations. 

ATTORNEY FEES. Attorney fees can be awarded if you prevail. Each Judge is very different as to what situation he or she awards attorney fees. Sometimes you must have said the magic words in order to get attorney fees. 

Please read Rule 75 in it's entirety and also Idaho Code 7-610, and as stated before the law and rules are so technical, that this is not an area that can be done without an attorney. 

This area of the law changes daily as the Judges attempt to balance the quazi-criminal elements of contempt such as putting someone in jail and the constitutional protections involved with court action that results in jail time, with the inherent ability of the court to enforce its orders and fairness of allowing someone to receive the benefit of the what the court ordered them to receive.  

Selim Aryn Star is named the second best attorney in the Wood River Valley for 2014 by the Best of the Valley publication that is available everywhere in the wood river valley. 

Thanks to everyone that voted for me. Maybe next year the publication can spell my name correctly. 

Reducing or increasing your child support can be as simple as making an appointment with an attorney to make sure that child support was/is calculated properly. 

ACT QUICKLY. You must act now, as there are only a few situations where child support will be modified in the past, usually any modification will start from the date that the complaint to modify was filed. 

SIMPLE TERMS. In simple terms the three main factors in calculating child support are your income the other parent's income and the number of overnights the children are with each parent. The standard for a modification of child support is whether there is a substantial and material change in circumstances. In relation to child support it generally means a change in circumstances that would be about a 10% or more change in child support. Every judge has a different opinion of that standard, as there is no numerical definition of what is a substantial and material circumstance to warrant a change in child support. 

DETAILS. Often times it is the details that can create an increase or decrease when setting the amount for child support. Details such as (this is not an all-inclusive list, for that see an attorney): 

INCOME. What is income is not a simple question, and a good attorney can find a way to make sure that income is counted correctly. 

CONTINUING SUPPORT. So many child support orders do not include an automatic reduction when the oldest child reaches 18 or as old as 19 if not graduated from high school. In this situation I have seen Child Support Services continue to collect the same amount until all children reach 
18 or as old as 19 if not graduated from high school. If your child support order does not include an automatic reduction then you need to see an attorney immediately. 

OTHER CHILDREN. If you have children that you are paying support or that live with you then that needs to be accounted for. After-born children do not count but that is fairly technical evaluation and your attorney can assist you. 

HEALTH INSURANCE. If health insurance is not accounted for properly in your child support order than you might need to see an attorney to make sure it is properly divided. 

TAX DEDUCTION. The IRS rules change every year and the rules are so different for declaring a child as a dependent, the head-of-household exemption, the Earned Income Credit, the Earned Income Tax Credit, and the Additional Child Tax Credit. The child support guidelines as currently written account for the tax dependency exemption and the earned income credit but not the rest of the tax benefits, also the earned income credit disappears at age 17 and can be adjusted for then as well. You will need to see an attorney to properly allocate these benefits. 

IMPUTING EARNINGS. If you or the other parent doesn't work full-time or are somehow underemployed the Court may impute earnings to you or the other parent under those circumstances. 

NUMBER OF OVERNIGHTS. Oddly enough a lot of times the number of overnights are counted wrongly or even differently by different attorneys and can adjust child support. 

ABATEMENT. If you have less than 25% of the overnights then you can get a reduction when the children are with you for a long period of time. 

JUDGES GREATLY DIFFER ON THE DETAILS. Each of the above sections could be the subject of their own post, and very likely will be. Judges are so different in how they deal with the above topics that it is extremely important to talk to an attorney with experience. For example I have seen judges set someone's income for child support purposes with the highest paid job that that person had, and I have seen other judges set someone's income at their current earnings even if they quit being a six figure CEO to wash cars at a carwash.

I received this email recently, go ahead and read the other legal blogs linked to on their website. 

Greetings,

On behalf of us here at Taylor Law & Mediation PLLC we would like to congratulate you on your blog’s selection to our roster,  Idaho Law:

Blogs That Matter 2014.

We dug through pages and pages of Google search results to complete a list of blogs written by attorneys or about the law in Idaho.  If the author called it a blog, we called it a blog and added it to our list. 

The initial list started off with more than 45 blogs.  We understood lawyers might actually be busy running their practices, so we gave a generous six-month grace period to all bloggers.  Any blog that had not been updated within six months as of Dec. 15, 2013 were removed from the list.  From there we used our own criteria and scrubbed down the list to the best law blogs in Idaho.

We would like to share your expertise with our readers and invite you to participate as a guest blogger in your specialty for our firm’s blog, Fine Print.  It could be your best post from your blog or a fresh piece on a current and trending topic, whatever you feel would best represent your field of law.

In addition, we would encourage you to place the Idaho Law: Blogs That Matter 2014 badge on your blog as a sign to your readers your blog was vetted and chose among the best in the state. There are four different logos to pick from that you may choose from. They have been attached with this email and please let us know if you need technical help displaying the badge. The full roster is available here:

http://www.taylorlm.com/voices/blogs-that-matter-directory-of-idaho-law-blogs/.

Again, congratulations on being selected.  We appreciate the work you are putting forth to making the law accessible to the people of Idaho and look forward to sharing your guest post.

Sincerely,

Robert J. Taylor

Taylor Law and Mediation PLLC

If you live in Idaho and the other parent lives out of state or if you live out of state and the other parent lives in Idaho and you live in another state then you need to be aware of certain provisions of the UCCJEA. You should call an attorney immediately because you may have gained or lost certain rights solely because of where you live, your child lives or the other parent lives. 

PURPOSE OF UCCJEA. The purpose of the UCCJEA is to  reduce disputes between the states regarding which state has the ability to make a decision regarding a child's custody, welfare etc. In the past courts would each make a different decision about a child and then argue about which order is controlling or which state should have made a decision. These arguments still occur but generally there are less of them because the UCCJEA is the law in each state and the UCCJEA has a system of deciding which state should make that child custody decision. 

SIX MONTHS. If you do not have a custody order then the general idea is that the court of the state that the children have lived in for the last 6 months is their 'home state,' there are some exceptions. Also if there is a custody order it could be modified by a new state if the minor children and parents are not in the state that made the last custody order. This is highly complicated but can be explained by an attorney. 

JURISDICTION. According to Black's Law Dictionary "A court's power to decide a case or issue a decree." In the context of child custody it is the court's power to make an initial custody order or to modify a previous custody order. 

INCONVENIENT FORUM. Even if there is jurisdiction a court can decide that it would be better for the case to be decided in another state and therefore transferred to that state if certain conditions apply such as, where the evidence and witnesses are. This is a separate decision from jurisdiction and the UCCJEA states which court can make that decision.

CHILD SUPPORT IS SEPARATE. Oddly enough the state where the payor resides can have jurisdiction over child support while a different state has jurisdiction over custody. 

In conclusion the Uniform Child Custody Jurisdiction and Enforcement Act has some provisions which are important to know whether or not you are looking for a modification or a custody order, if you and your child or you and the other parent live in different states you can be dragged into court in that other state. You should know under what circumstances you can be dragged into court in that other state and if you wish to prevent it you might have to request a custody order in your state before the other parent does in their state. 

There is a new rule for parenting evaluations as of July 1, 2013 the Supreme Court of Idaho has completely changed the method in which custody evaluations are done in Idaho . 

http://www.isc.idaho.gov/ircp16q

The new rule changes:

• How a custody evaluator can be appointed,
• Who is qualified to serve as a custody evaluator, 
  
• Evidence concerns about admissibility of the report, 
• Determines what information the custody evaluator can use, and 
• Allows court to determine how the evaluator will be paid, etc.

In summary, you will need an attorney in order to have a custody evaluation and you should contact one immediately. 

By Selim Star. 
Once a divorce is filed the Judge will enter a Joint Preliminary Injunction automatically to prevent the divorcing parties from engaging in certain conduct. Many times I am asked "We are considering a divorce and my spouse is talking about leaving the state with our child, how do I stop her/him?" or "How do I prevent my spouse from entering my residence?" or "How do I prevent my spouse from getting new debts that I'll be liable for." The Joint Preliminary Injunction may help with these problems. 

MAY PREVENT CHILD FROM LEAVING STATE. There are many times when a divorcing couple might have a dispute about whether a parent can move with a child out of Idaho. The Joint Preliminary Injunction prevents either parent from leaving the state for longer than a certain time. In general if you have a planned trip to leave the state, like to visit family, you can get permission in writing or ask the court for an order. Upon motion the judge may allow a parent to move out of state before trial. 

MAY PREVENT NEW DEBTS. Only in certain circumstances can a spouse add debt. 

MAY PREVENT UNFETTERED ACCESS TO RESIDENCE. Once the parties have separate residences the parties need to respect each other's privacy as is stated. 

GENERALLY BEGINS TO BE IN EFFECT WHEN DEFENDANT IS SERVED. This may differ from Judge to Judge and county to county. 

Below is the text of the Joint Preliminary Injunction that has been used in Blaine County. Other counties have different language and enjoin the divorcing parties from different activities. 


JOINT PRELIMINARY INJUNCTION

NOTICE! READ THIS DOCUMENT CAREFULLY- YOU MAY BE HELD IN CONTEMPT OF COURT OR HAVE OTHER SANCTIONS IMPOSED AGAINST YOU FOR VIOLATION OF THIS ORDER.

IT IS HEREBY ORDERED that during  the period of time that the above-entitled action is pending, absent the subsequent order of the Court, the Plaintiff and Defendant are enjoined and prohibited from:

1.         Transferring, encumbering, concealing, selling or otherwise disposing of any joint. common or community property without the. written consent of the opposing party.

2.         Incurring any debt, except in the usual course of business or for the costs and expenses of this litigation or for the necessities of life, without the written consent of the opposing party.

3.         Removing any child to which the opposing party may have a legal claim for custody or control from the jurisdiction of the court for any period exceeding 72 hours.

4.         Cashing, borrowing against, canceling, transferring, disposing of or changing the beneficiaries of any insurance or indemnity policy, including without limitation life, health. automobile or disability insurance, held for the benefit of either party or any child.

5.         Possessing or attempting to possess any real or personal property currently in the possession of the opposing party.

6.         Terminating or otherwise affecting the service of water, power, gas, telephone cable or other utilities or services at the community or customary residence of the opposing party.

7.         Excluding the other party from or preventing access to: a) the usual residence of the opposing party, b) places where community property or property of the other is stored or c) business or tax records of the parties. If the parties maintain separate residences, neither shall attempt to enter or gain access to the residence of the other without the written permission of the opposing party.

5.         Taking any action that may diminish the community or separate property interest of the opposing: party in any business or that may limit access of inc opposing party to the care, custody and control of any property, accounts or records of that business.

IT IS FURTHER ORDERED that a copy of this order shall be personally provided to the Plaintiff and/or delivered to counsel for the Plaintiff to provide to the Plaintiff and personally served by the Plaintiff upon the Defendant at the time of service of the Summons and Complaint and that this order shall be made a part of the court record in this matter.

EACH VIOLATION OF THIS ORDER MAY RESULT IN INDIVIDUAL SANCTIONS INCLUDING, BUT NOT LIMITED TO, A FINE OF UP TO $5000, A MAXIMUM OF FIVE DAYS IN JAIL AND AN AWARD OF ATTORNEY FEES.