Legal Question in Family Law in Idaho

Child support modification

Husband has previous child support order for 2 kids in Montana, which he pays $300 a month. He has a c.s. order for one kid in Idaho (born after the Montana case), in which he pays $300 for the ONE kid in Idaho.

We recently had a baby of our own. I was looking at his Idaho cs order and noticed that the attorney he had for the Idaho case did not calculate the amount for the previous c.s order in Montana.

If we were to have a modification on the Idaho cs, would they 1. calculate the PREVIOUS c.s. order and 2. calculate our child? Is it worth pursuing?


Asked on 2/05/04, 3:56 pm

1 Answer from Attorneys

Michael Cherasia Attorney at Law

Re: Child support modification

1.yes 2. yes and maybe. If you go th the Idaho Supreme Court home page, under rules and forms, you can download the child support guidelines. They are not easy reading. But in the text and on the last few pages are the worksheets that make it clear that the other children should be considered as part of the deductions to income.

How much difference it would make depends on a lot of information not contained in your question but it could potentially be significant, particularily over time.

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Answered on 2/05/04, 7:30 pm


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