David A. Johnson 477 Shoup, Suite 109 PO BOX 52251 Idaho Falls, Idaho 83405 208-535-1000 email

Divorce Information Idaho Falls, Idaho Divorce Lawyer Divorce FAQ What factors are considered by the Court in determining child custody and visitation? Do dads have a chance of obtaining primary physical custody in Idaho? How is child support determined? What is community property and how does property and debt division work? Is Alimony possible to obtain in Idaho? What factors are considered by the Court in determining child custody and visitation? A. The court is to consider “all relevant circumstances” and to determine the best interests of the children. The factors that the court must considere are: The wishes of the child's parent or parents as to his or her custody; The wishes of the child as to his or her custodian; The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; The child's adjustment to his or her home, school, and community; The mental and physical health and integrity of all individuals involved; The need to promote continuity and stability in the life of the child; and Domestic violence, whether or not in the presence of the child. Top Do dads have a chance of obtaining primary physical custody in Idaho? Absolutely! The courts have made significant progress in giving men an equal opportunity to provide the primary care giver of children. The factors stated above apply both to the father and to the mother. More and more men are getting custody of their children. Top How is child support determined? A. Idaho has adopted guidelines where are used to determine child support. Although the would “guideline” indicate flexibility on its face, the judges must rigidity follow these guidelines, except in very rare circumstances. Most attorneys use a computer program to calculate child support. Child support is determined by using each party’s “guideline income,” children (both in and out the relationship in question) insurance costs, tax consequences, etc. Top What is community property and how does property and debt division work? Unless there are compelling reasons otherwise, the court is to award each party a substantially equal division in value of the community property and debt. Community property is define as all property which the parties acquired during marriage through the parties income. Another way to define community property is all property owned by the parties which was not owned prior to the marriage, received by gift, or inherited. Getting an unequal division of property is difficult. However, if there is a substantially difference in income earning capacity or special needs, an unequal division of property is possible. Top Is Alimony possible to obtain in Idaho? Yes. In Idaho, it is called maintenance and can be awarded if the requesting party does not have sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through employment. In determining the amount of alimony, the court considers such factors as (a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse's ability to meet his or her needs independently;(b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment; (c) The duration of the marriage; (d) The age and the physical and emotional condition of the spouse seeking maintenance;(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance; (f) The tax consequences to each spouse; (g) The fault of either party. Top

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