Friday, September 21, 2012

Child Support Attorneys Boise (208) 472-2383 Divorce, Family Law, Custody

Child Support FAQs
As a Boise Family Law Attorney I deal with child support very frequently.  Although child support is fairly straight forward, there are many questions people have in regard to their rights and obligations.  In today's blog I am going to focus on some frequently asked questions in regard to child support.

Where Do You Pay Child Support and How Much Does it Cost?
All child support must be paid through the Department of Health and Welfare.  The Department keeps a thorough record of all payments made, amounts owing and arrears.  In 2005 Congress passed the Federal Budget Deficit Reduction Act.  As part of that Act, Congress ordered every state to pay a $25 fee on every active child support case over $500.  In 2007 Child Support Services began passing on that fee to parents owing child support.

Child Support Services sends out a monthly bill which can be used to send your payment in.  If you do not wish to receive a bill, you can opt out by calling the Department.

What Happens if I Don't Pay My Child Support?
Child support is established by a court order.  Either you were ordered to pay support pursuant to a divorce or a custody proceeding.  Your divorce attorney or custody lawyer, or the attorneys on the other side would have filled out a child support worksheet and calculated your obligation based upon the Idaho Child Support Guidelines.  Once you have a child support order it is sent to Child Support Services.  As noted above, this department keeps a thorough record of your payments.  If you fail to pay and are behind $2,000 or the equivalent of three months of child support, Child Support Services can take action.

The first thing they will do is to suspend your driver's license, any Fish and Game licenses you hold as well as any occupational license you have.  This can wreck havoc on you and your ability to drive, to work and to recreate and that is exactly why this law is in effect.  In order to get your licenses in good standing, you must contact Child Support Services and make financial arrangements to pay the outstanding child support.  Once you have committed to a monthly repayment plan you can get your licenses back.  If, at any time during the repayment, you fail to make your payments, the department will once again begin the process of suspending your licenses.

The next thing that can be done to you for failing to pay child support is that the department will put a lien on any real property you own in Idaho.  This will be done when you are $2,000 or the equivalent of three months of child support behind.  Liens are only removed when you have paid your outstanding arrears in full.

What Happens When One Child Turns 18 (or 19) and You Still Owe Support for Younger Children?
If your child support order specifies what is to be done, the department will simply follow the order.  However, there are times you may have to notify the department or even have your Boise Divorce Attorney go in and modify the original order.

In Idaho, Child Support can continue until a child is 19 if that child is still in school.  Child Support Services will not know that child support should continue if they are not notified that the child is still in school.  Likewise, if your child support order does not give a dollar amount to which child support should be reduced once one child is over 18 (or 19) and most likely it won't, you will have to ask the court to modify the original order so that the proper amount is being paid for the children remaining.  Your divorce attorney or custody lawyer will know the exact procedure to follow to have the order modified.

If you need to speak to a Boise Divorce Attorney or a Boise Child Support Attorney about child support, custody, modification or any other family law issue, give us a call (208) 472-2383 and see what we can do for you.


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    Child support is based on the policy that both parents are obliged to financially support their children, even when the children are not living with both parents. Child support includes the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.
    In child custody litigation, a legal custody award is the ability to make legal decision for your child while a physical custody award is the responsibility of daily parenting and care. Courts review all factors related to each custody type before making decisions and judges may grant joint custody, sole custody or a parenting plan that provides custody to both parents.

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  5. Certainly one of the most emotionally charged aspects of your divorce concerns your child or children. Tragically, children all too often get caught in the cross-fire of divorcing parents, when what should be ultimately important to everyone concerned is the welfare of the child.
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