[// GUIDANCE: This template is drafted to comply with Idaho Code § 32-706 and the Idaho Child Support Guidelines (“ICSG”).
Replace every bracketed [PLACEHOLDER] with client-specific facts.
Double-check all calculations on the Child Support Worksheet that accompanies this Petition. ]
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TABLE OF CONTENTS
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I. CAPTION & DOCUMENT HEADER ..................................... 1
II. DEFINITIONS ................................................... 2
III. JURISDICTION, VENUE & STANDING ................................ 3
IV. PRIOR CHILD SUPPORT ORDER ..................................... 3
V. MATERIAL CHANGE IN CIRCUMSTANCES .............................. 4
VI. CHILD SUPPORT RE-CALCULATION .................................. 5
VII. HEALTH INSURANCE & UNINSURED EXPENSES ......................... 6
VIII. REQUEST FOR INCOME WITHHOLDING ............................... 6
IX. ATTORNEY FEES & COSTS ......................................... 7
X. PRAYER FOR RELIEF ............................................. 7
XI. VERIFICATION/AFFIDAVIT ........................................ 8
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I. CAPTION & DOCUMENT HEADERtext
IN THE DISTRICT COURT OF THE [_] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [___]
MAGISTRATE DIVISION
[PETITIONER FULL NAME],
Petitioner,
Case No. [_____]
v.
VERIFIED PETITION
[RESPONDENT FULL NAME], TO MODIFY CHILD
Respondent. SUPPORT ORDER
Effective Filing Date: [DATE OF FILING]
COMES NOW the Petitioner, [PETITIONER NAME] (“Petitioner”), by and through counsel of record, and pursuant to Idaho Code § 32-706 and the Idaho Child Support Guidelines, respectfully petitions this Court for modification of the existing Child Support Order entered on [DATE OF PRIOR ORDER] in the above-captioned matter.
II. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below. Terms defined in the Idaho Child Support Guidelines shall have the same meanings herein unless expressly modified.
- “Child” or “Children” – [NAME(S) AND DATE(S) OF BIRTH].
- “Current Order” – The Child Support Order dated [PRIOR ORDER DATE] requiring Respondent to pay $[_____] per month.
- “Guideline Income” – Each parent’s gross monthly income as defined in Section 6 of the ICSG.
- “Modified Support” – The presumptive monthly child support obligation calculated under the ICSG and requested herein.
- “Substantial and Material Change” – A change satisfying Idaho Code § 32-706(3) and Section 13(b) of the ICSG, including but not limited to:
a. 15% or greater change in either parent’s income;
b. Change in the number or residency status of the Children;
c. Significant change in work-related childcare or medical support costs.
[// GUIDANCE: Add any additional defined terms unique to the facts (e.g., “Military Allowance,” “Disability Benefits”).]
III. JURISDICTION, VENUE & STANDING
3.1 This Court has continuing, exclusive jurisdiction over child support pursuant to Idaho Code § 32-709 and the Uniform Interstate Family Support Act, because the original order was issued by this Court and at least one party or the Children continue to reside in Idaho.
3.2 Venue is proper in [COUNTY] County under Idaho Rule of Family Law Procedure 102, as the Children currently reside in this county.
3.3 Petitioner is the [mother/father] of the Children and therefore has standing to seek modification.
IV. PRIOR CHILD SUPPORT ORDER
4.1 On [PRIOR ORDER DATE], this Court entered the Current Order, requiring Respondent to pay $[_____] per month in base support, plus [describe other obligations, e.g., daycare/medical].
4.2 Since entry of the Current Order, no prior modifications have been granted OR the order was last reviewed on [DATE] (> 3 years ago).
4.3 A certified copy of the Current Order is attached hereto as Exhibit “A.”
V. MATERIAL CHANGE IN CIRCUMSTANCES
5.1 Income Change. Since the date of the Current Order:
a. Petitioner’s gross monthly income changed from $[OLD] to $[NEW] (≈ []%);
b. Respondent’s gross monthly income changed from $[OLD] to $[NEW] (≈ []%).
5.2 Child-Related Change. [Example: The eldest Child attained age 18 and graduated high school on [DATE]; or Child now resides primarily with Petitioner.]
5.3 Expense Change. Work-related childcare expenses have increased/decreased from $[OLD] to $[NEW]; health insurance premiums have [increased/decreased] by $[__].
5.4 These changes constitute a “substantial and material change in circumstances” within the meaning of Idaho Code § 32-706(3), thereby warranting modification.
VI. CHILD SUPPORT RE-CALCULATION
6.1 Petitioner has prepared an updated Child Support Worksheet in conformity with the ICSG, attached as Exhibit “B.”
6.2 Based on the current Guideline Income figures and allowable adjustments, the presumptive Modified Support is $[CALCULATED AMOUNT] per month, allocated as follows:
• Basic Support: $[_]
• Pro-rata Medical Support: $[]
• Childcare Contribution: $[__]
6.3 Deviation. [State whether deviation is requested. If so, specify factors under ICSG § 9.]
6.4 Income Percentage Limitation. The requested Modified Support does not exceed the percentage caps established under Section 7 of the ICSG.
VII. HEALTH INSURANCE & UNINSURED EXPENSES
7.1 Health Insurance. [Petitioner/Respondent] currently provides the Children’s health insurance at a monthly premium of $[_] and will continue to do so.
7.2 Uninsured Expenses. The parties shall share uninsured medical, dental, orthodontic, vision, and mental-health expenses in proportion to their respective Guideline Incomes ([]% Petitioner / [__]% Respondent), subject to the $250 annual threshold under ICSG § 10.
VIII. REQUEST FOR INCOME WITHHOLDING
8.1 Pursuant to Idaho Code § 32-1214 and 42 U.S.C. § 666, Petitioner requests that any Modified Support be enforced through an Immediate Income Withholding Order directed to Respondent’s employer, [EMPLOYER NAME & ADDRESS].
8.2 The Withholding Order shall include a wage garnishment of [__]% of Respondent’s disposable earnings or such other percentage as permitted by 15 U.S.C. § 1673(b) and Idaho law.
IX. ATTORNEY FEES & COSTS
9.1 Petitioner has incurred and will continue to incur attorney fees and costs in prosecuting this action.
9.2 Pursuant to Idaho Code § 12-121 and the inherent equitable authority of this Court, Petitioner requests an award of reasonable attorney fees and costs against Respondent.
X. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court enter an Order that:
A. Finds a substantial and material change in circumstances has occurred;
B. Vacates the Current Order dated [PRIOR ORDER DATE];
C. Implements the Modified Support obligation of $[AMOUNT] per month, effective [EFFECTIVE DATE];
D. Orders immediate income withholding consistent with Section VIII herein;
E. Confirms the allocation of health insurance responsibilities and uninsured expenses set forth above;
F. Awards attorney fees and costs to Petitioner; and
G. Grants such other and further relief as the Court deems just and proper.
XI. VERIFICATION / AFFIDAVIT
text
I, [PETITIONER NAME], being first duly sworn, depose and say:
- I am the Petitioner in the foregoing Verified Petition to Modify Child Support Order.
- I have read the Petition and know the contents thereof; the facts stated are true and correct to the best of my knowledge, information, and belief.
DATED this ___ day of ____, 20__.
[PETITIONER NAME]
STATE OF IDAHO )
) ss.
COUNTY OF [_____] )
On this ___ day of ____, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [PETITIONER NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that s/he executed the same for the purposes therein contained.
Notary Public for Idaho
Residing at: ___
My commission expires: _____
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[// GUIDANCE: Attachments
• Exhibit “A” – Certified copy of Current Order
• Exhibit “B” – Updated Idaho Child Support Worksheet
• Exhibit “C” – Proof of income (pay stubs, tax returns, etc.)
File Exhibits under IRFLP 110 with confidential personal data redacted per IRFLP 217. ]
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