Owing Child Support

 How Much Child Support am I Going to Owe?

I get calls every day asking this very question.  How much child support am I going to owe?  I also get the question of how can I pay less child support.

Child support is based upon a formula figured in a computer program.  The only thing that makes a difference is the numbers you put in.

Do I Have to Prove How Much Money I Make?

Part of the process of calculating child support is completing an affidavit verifying income and providing pay stubs to fill in the affidavit.  The second part of the process is signing the affidavit swearing that the numbers are correct.  So the short answer is, yes, you do have to show your income.

Is My Income the Only Consideration When it Comes to Calculating Support?

No, in addition to your income, the computer program takes into consideration how many over night visitations you have, if you are paying for health insurance and who is taking the income tax deduction.  Essentially, you can lower the amount of child support you have to pay by having more overnights.  That is not to say you should seek more overnights simply to reduce your child support.  Everything that is done in terms of child custody and child support is based upon the best interest of the child.  If the judge sees that your motivation in seeking more overnights is to decrease your support, it is very likely the judge will not grant additional overnight time to you.

How Do I Go About Changing or Updating My Child Support?

The first thing to do is to give us a call.  Whether the support is part of a divorce or is part of a modification one of our divorce attorneys can help you find the best answer.  We always offer a free consultation and we can give you a good idea of what to expect as far as your child support.  Give us a call and see what we can do for you.  Visit us on the web or give us a call, (208) 472-2383.  You will be glad you did.

Boise Family Law Attorneys - Idaho Divorce Lawyers

Family Law in Idaho
As a Boise Family Law Attorney people often ask me what family law means.  Family Law refers to that area of the law which deals with family relationship issues.  For example, when a couple gets a divorce, that action effects the family.  Domestic Violence is also an act that effects the family.  DV is handled in family court, as opposed to criminal court, even though assault and battery are a criminal action. If the underlying act, the assault and battery, are pursued, they can be taken to criminal court, however, the restraining order is established and effected by a family law judge.

Custody, modification and child support are also family law issues which may or may not be in the divorce context, but they are elements of the family law issues.   If you have a child outside of a marriage you will most likely have to deal with custody and child support issues, as well as modification, at some point during the child's life.  These issues effect the structure and the finances of the family.

Adoption and termination are other areas where Boise Family Law Attorneys practice family law.  These two issues both divide a family through termination and create a family through adoption.  The two go hand in hand because in order for a new parental relationship to be established the existing one, even if it is simply by having provided 1/2 of the chromosomes for the child, must be terminated.

Other Family Law Issues in Idaho
There are other issues which effect the family that are not necessarily considered family law issues, but none-the-less do effect the family and can be handled by a Boise Family Law Lawyer.  Elder law, for example, deals with laws effecting elderly members of our families.  Issues here might involve conservatorships, powers of attorney, living will and the like.  Here too there is a cross over with probate and estate planning law.  For example, the estate of an elderly family member must be in order if the probate after death is to go smoothly.  Perhaps, the elderly family member has removed their property from their estate with the use of a living trust.  These are all issues which attorneys deal with daily and in the context of family law.

If you have a family law issue and you would like to speak to one of our Boise Family Law Lawyers, please give us a call, (208) 472-2383 - you will be glad you did.

Modification in Idaho

Modification - What is it and What Does it Mean?
Modification refers to changing an existing court order.  It most often refers to changing the custody or the child support order.  There are certain requirements necessary to qualify for a modification.  For example, if you wanted to modify the existing custody arrangement, you would have to show that there has been a permanent and substantial material change in circumstances.  This allows continued consistency for the children and prevents changing the order simply because one party is unhappy with the arrangement. 

A child support order can be modified when there is a change in income.  This change would be expected to occur when one party gets a new job or is promoted.  The original rules, however, still apply and that is you cannot be voluntarily unemployed or under-employed.


When you modify an existing order you can do it in different ways.  You can do it by agreement.  Both parties attorneys will present the court with a stipulation and the judge will sign a new order.  If the other party does not agree with you and wants to fight the modification you will go through a hearing process.  Your attorney will present evidence as will the lawyer on the other side.  The judge will weigh the evidence and make a decision based upon this.  For child support, your attorney will run the income amounts through the child support guidelines and come to a new support amount.



Can a divorce be modified?  A divorce will not be modified, rather certain situations under a divorce will be, such as custody or child support.


What if a party to the divorce is not complying with the terms of the divorce?  This would fall under the matter of contempt.  When you are ordered by the court to do something and you don't you can be held in contempt of court.  Your divorce attorney will file a motion for contempt and you will go to court to show what the other party was supposed to do and how they did not do it.  The other party, by themselves, or through their divorce lawyer, can try and show why there actions were not contempt.