Child Support Laws in Idaho

Like every other state, Idaho has child support guidelines that are meant to give judges and parents a consistent way to calculate child support. Several elements go into this calculation, and the process can seem intimidating. So before you start, it will help to understand how Idaho's guidelines work, both when you're first calculating child support and when either parent wants to change the existing amount of support.

Who Pays Child Support in Idaho?

In Idaho, both parents have a legal obligation to support their children financially. When parents are divorced, separated, or were never married, the parent who doesn't have physical custody of their children most of the time (the "noncustodial parent") usually pays child support to the custodial parent. The noncustodial parent's gender makes no difference.

This doesn't mean custodial parents aren't paying their fair share. Idaho's guidelines calculate the basic support obligation for each parent, based largely on their income levels. The state assumes that custodial parents meet their support obligation by paying directly for the child's regular expenses, such as housing, food, and clothing.

Idaho's guidelines have separate rules for calculating child support—and determining which parent will make support payments—when parents have any of the following parenting arrangements:

• shared custody (meaning the children spend more than 25% of the time with each parent)
• split custody (meaning each parent has primary custody of at least one of their children), and
• mixed custody (different custody arrangements for different siblings).

(Idaho Rules Fam. Law. Proc., rule 120 (2024).)

Calculating Child Support in Idaho

You'll have to use one of Idaho's child support worksheets to calculate the recommended amount of support in your case. Use the standard worksheet if one parent will have all of your kids at least 75% of the time. For other parenting arrangements, use the worksheet for shared, split, or mixed custody.

You'll need to gather certain financial information before completing the worksheet, including both parents' income and allowable deductions (more on that below). Also, you'll need to refer to Idaho's Basic Monthly Child Support Guidelines Schedule, which has a table that shows the total basic support obligation, depending on the parents' combined income and the number of children being supported.

You'll calculate each parent's share of the basic combined support obligation by multiplying that total by each one's percentage share of their combined incomes. For example, if one parent's income is 60% of their combined income, and the total child support amount is listed as $1,530 per month, that parent will be responsible for $918 of the total ($1,530 x 60%). The other parent will be responsible for $612 ($1,530 x 40%).

You can download the worksheets (Forms 6 and 7), as well as the required affidavit form for verifying income (Form 5) and the full copy of Idaho's current child support guidelines (Rule 120), from the Idaho Rules of Family Law Procedure page.

What Counts as "Guidelines Income" in Idaho?

For the purposes of calculating child support, income doesn't necessarily mean the same thing as it does on income tax returns. The worksheets ask for "ICSG Income" (which stands for "Idaho Child Support Guidelines Income"). ICSG income is gross income minus allowed deductions, as shown on the income affidavit form.

Gross Income

Gross income is income from any source, including:

• salaries, wages, commissions, and bonuses
• self-employment income (minus ordinary and necessary business expenses)
• dividends and interest
• annuities, pensions, Social Security, and other retirement benefits
• unemployment, workers' compensation, and disability insurance benefits
• alimony (spousal maintenance) received
• fringe benefits from an employer that reduce a parent's living expenses (such as free housing), and
• education grants, scholarships, and other financial aid.

Unlike most other states, Idaho includes a parent's public assistance benefits as income when calculating child support, except in cases of "extreme hardship." Income from overtime or a part-time second job is generally not included in gross income, unless the overtime is required as an employment condition.

(Idaho Rules Fam. Law. Proc., rule 120(e) (2024).)

Deductions From Gross Income

Idaho's guidelines allow you to deduct the following from gross income:

• support you're providing for children from another relationship (but not for children born or adopted after the child support order is issued in this case)
• payments for court-ordered alimony (to a previous spouse or the other parent in this case), and
• for self-employed parents, depreciation of business assets and one-half of self-employment taxes.

(Idaho Rules Fam. Law. Proc., rule 120(f) (2024).)

When Idaho Judges May Impute Income to Parents

Unfortunately, some parents try to avoid their child support obligation by purposely lowering or hiding their income. Idaho's guidelines give judges a way to deal with that situation: When a parent is voluntarily unemployed or underemployed, the judge will calculate child support based on the parent's potential (imputed) income.

The guidelines specifically rule out using potential income when a parent is incapacitated (physically or mentally) or incarcerated. Also, a parent won't be considered underemployed regardless of actual income if that parent is:

• caring for an infant younger than six months old, or
• working full time at the same or a similar occupation that the parent had for more than six months before the parents separated or one of them filed for divorce or child support (whichever happened first)

When judges are imputing income, they'll generally decide how much the parent could probably earn based on the parent's work history and qualifications, as well as job oportunities and pay levels in the community. When a parent is a student, the judge may consider student loans when imputing income.

Judges in Idaho may also assign a value to a parent's assets that aren't producing income or that the parent transferred in order to reduce earnings.

(Idaho Rules Fam. Law. Proc., rule 120(e)(3) (2024).)

Adjustments to Child Support in Idaho

After you've calculated the basic child support obligation, Idaho's guidelines allow adjustments to that amount for the following expenses:

• the cost of health insurance coverage for the child, as well as uninsured health care expenses
• work-related child care expenses, and
• transportation costs for exchanging the child between the parents.

Health care and child care costs are normally divided between the parents based on their proportional share of combined income. Judges may decide how the parents should share transportation costs, in light of the specific circumstances.

The guidelines also include an adjustment for the actual federal and state income tax benefits received by the parent who's entitled to claim the federal child dependency exemption. Unless the parents have agreed how they'll divide those benefits, the judge will assign the exemption based on tables in the guidelines.

(Idaho Rules Fam. Law. Proc., rule 120(g) (2024).)

Is There a Minimum Amount of Child Support in Idaho?

Unlike most states, the calculation of child support in Idaho doesn't include a standard, built-in adjustment for low-income parents (known as a "self-support reserve"). However, when the parent who's paying support has less than $800 a month in income, the judge should carefully review both parents' income and expenses to come up with a maximum amount of child support that will allow the paying parent enough money left over for a minimum level of subsistence.

The guidelines presume that support payments should be at least $50 a month per child, and judges should only rarely set child support at zero.

(Idaho Rules Fam. Law. Proc., rule 120(c)(4)(2024).)

When Child Support May Differ From the Guideline Amount

Idaho law presumes that the amount of child support calculated under the guidelines is the right amount in any case, unless a parent can provide evidence demonstrating that it would be unjust or inappropriate.

The state's guidelines don't specifically give a list of reasons for deviating from the standard calculation. But state law does require judges to consider all of the relevant factors when deciding how much child support is "reasonable or necessary," and it gives some examples of those factors, including:

• the child's needs (including educational needs) and condition (both physical and emotional)
• the standard of the living the child had during the parents' marriage, and
• both parents' resources, needs, and obligations.

(Idaho Code § 32-706 (2024).)

Can Parents Agree on a Child Support Amount?

Parents can—and usually do—agree on child support, either as a separate issue or as part of a comprehensive divorce settlement agreement. But they'll have to submit their support agreement to the court, so that a judge can see how it compares to the guideline calculation, and ensure that the agreed amount will meet the child's needs and best interests.

The agreement will only be included in an official court order if the judge approves it. Otherwise, the judge will decide on the appropriate amount of child support under the guidelines.

When Does Child Support End in Idaho?

A parent's child support duty in Idaho continues until the child reaches the age of 18 or is otherwise emancipated. However, if a child is still in high school after turning 18, the judge may continue support payments until the child leaves high school or turns 19, whichever happens first. When making that decision, the judge should consider all of the relevant circumstances, including the child's needs. (Idaho Code § 32-706(2) (2024).)

Parents generally have the option of agreeing to extend child support beyond high school, such as when they want to support a child who's attending college or some other post-secondary school education program. But they should submit their signed agreement for court approval.

How to Apply for Child Support in Idaho

When parents are getting divorced, child support is handled as part of the divorce process. You can request child support when you file your divorce papers in Idaho.

You can also request support by applying for services from Idaho Child Support Services (CSS). There's a $25 application fee unless you're receiving public benefits like Medicaid or SNAP (formerly food stamps). CSS will work with both parents to calculate the proposed support amount under the child support guidelines. If needed, the agency can also help establish your child's legal paternity.

CSS can also help with enforcing child support in Idaho if you're having trouble collecting payments.

How to Change the Amount of Child Support

You can ask CSS to have your support order reviewed if it's been at least three years since the order was issued or last reviewed. But you don't need to wait three years to request a modification if there's been a substantial change in circumstances that's lasted for at least six months. CSS will charge a fee for legal services needed to seek a modification in court, but these fees are generally lower than if you opted to use a private attorney.

You also have the option of filing a modification request directly with the court, rather than going through CSS. But modification requests can be complicated, so if you choose this route you should definitely consider speaking with a local family law attorney who can navigate the legal process for you. Local attorneys are usually familiar with what a particular judge may be looking for in deciding whether to grant a modification.

A change in the amount of child support under the current guidelines may qualify as a substantial change of circumstances for granting a modification request. Otherwise, Idaho's guidelines don't spell out factors a judge should consider when deciding whether a modification is warranted. It's up to the judge to decide, based on the parents' current finances and other circumstances.

Ordinarily, a parent's remarriage won't directly impact the amount of child support. A new spouse's income usually doesn't count in calculating support. And when a remarried parent requests a modification, Idaho law rules out considering that parent's new children born after the existing support order was issued. (Idaho Code § 32-706(5) (2024).)

More Child Support Resources in Idaho

Although Idaho Courts provide the forms and worksheets you'll need to calculate child support (in the link above), the state doesn't have an official child support calculator that will do the computations for you. You may see other calculators online, but keep in mind that they aren't sanctioned by the courts and may not include all of the adjustments in Idaho's current child support guidelines.

If you need help calculating child support and completing the necessary forms, check with your local Idaho Court Assistance Office. Some of these offices have workshops or online classes for completing the forms, while others offer appointments or office hours.

In some circumstances, however, you may want to consult with a family law attorney for assistance with child support. This is particularly true if you're seeking a deviation from the guidelines or a modification of an existing order, or if you have complicated custody arrangements.