Review your non-custodial parent (NCP) and custodial parent (CP) totals due. I.C. The dialog window can be moved, resized and closed with the 'x' icon. Therefore, the non-custodial parent pays $500 per month in child support. at 521, 757 P.2d at 1240,. C. Magistrate Court Jurisdiction Regarding Modification Of A Child Support Order And The Inapplicability Of Administrative Exhaustion. The magistrate erred as a matter of law by refusing to consider the merits of Smith's motion to modify his obligation to pay child support. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Charles E. Smith appeals from the order of the magistrate dismissing his motion captioned “Motion to Terminate Income Withholding,” which requested both a reduction in the amount of child support ordered while incarcerated and relief from mandatory income withholding. IDAPA 16.03.03.601 (7-1-98), Review and Modification of Support Orders, provides:01. We vacate the magistrate's order and remand this case for further proceedings. Child support is an ongoing payment by a non-custodial parent to assist with the financial support of their children. Child support is handled on a state level, and Idaho has a set of specific child support guidelines. The department shall review the income withholding order within thirty-five (35) days, issue a decision and amend or void the income withholding order, if necessary. Having concluded that the magistrate erred by not reaching the merits of Smith's motion, we turn to the substance of that motion. Nowhere in the overlaying statutes of Idaho's child support enforcement scheme is H & W provided with the power to administratively impose an order of child support. The modified support order contained the same automatic and immediate income withholding provision of the default judgment and provided for review in one year. Idaho Child Support is a privately held company and is not affilitated with the State of Idaho. The non-custodial parent pays a percentage of the calculated cost that is based on their proportional share of both parents' combined income. Thus, we conclude that the administrative exhaustion requirement set forth in I.C. The Idaho Child Support Guidelines (I.C.S.G.) However, the Office of Child Support Enforcement, in their 2015-2019 Strategic Plan, acknowledges âthe sobering fact that most state computer systems are obsolete, and a few are at risk of failure.â The State of Idaho was no exception, with an aging child support case management system running on technology that was nearing the end of its life. The Child Support Guidelines are intended to give specific guidance for evaluating evidence in child support proceedings. (2) A lien arising out of a child support order or delinquency under the laws of another state shall be given full faith and credit as if the lien arose out of a child support order or delinquency under Idaho law. The default judgment also authorized automatic and immediate income withholding. On September 9, 1999, Smith filed a motion to terminate income withholding based upon his income of $35 a month, a Department of Corrections directive requiring him to make a co-payment for medical and dental care, and a requirement that he pay for his own personal hygiene products. There are 14 Child Support Offices in Idaho, serving a population of 1,657,375 people in an area of 82,621 square miles.There is 1 Child Support Office per 118,383 people, and 1 Child Support Office per 5,901 square miles.. Whether there has been an increase or decrease in the income, as the term is defined in the Child Support Guidelines, of either parent or other person legally obligated for the support of a child;b. A default judgment was entered in favor of H & W's Bureau of Child Support Services (BCSS) against Smith on February 13, 1996, ordering him to pay $119 a month in child support, arrearages, attorney fees, the costs of health insurance for the child, and one-half of any uncovered health care expenses. On appeal, the district court affirmed the magistrate's order under the right result/wrong basis theory, explaining that Smith had failed to exhaust available H & W administrative remedies. The magistrate's findings of fact will be upheld if they are supported by substantial and competent evidence. Child Support Services (CSS), a state-run child support enforcement agency for Idaho, is required by state and federal law. See Nab v. Nab, 114 Idaho 512, 757 P.2d 1231 (Ct.App.1988). Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation. From December 1995 until February 25, 2001, Smith was incarcerated at the Idaho State Penitentiary for a felony conviction of driving under the influence. Thus, the magistrate division of the district court has continuing and exclusive jurisdiction over the child support orders it issued in Smith's case. How are child care costs treated by child support in Idaho? Idaho uses the "income share" method for calculating child support payments, which is designed to ensure that both the custodial and non-custodial parents contribute to their child's upkeep. 2. In ordering mandatory income withholding, the magistrate had already determined the amount of current support and/or delinquency and the identity of the alleged obligor-Smith. Cases where Health and Welfare is a party Changing custody, visitation, or child support (Modification) Use these steps to request a change in custody, visitation, or child support of an existing decree and the Department of Health and Welfare was a party to the case. In a proceeding for divorce or child support, the court may order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for his or her support and education until the child is eighteen (18) years of age, without regard to marital misconduct, after considering all relevant factors which may include: Child support can be arranged out of court by a mutual support agreement between the parents, or can be decided in Idaho family court through a child support order. Petition for Paternity, Custody, Visitation and Support RTF PDF; 3. Idaho Code § 67-5271(1), regarding exhaustion of administrative remedies, provides that “[a] person is not entitled to judicial review of an agency action until that person has exhausted all administrative remedies required in this chapter.” See also I.C. The percentage paid may stay the same, or vary if the non-custodial parent's income changes. State v. Henderson, 119 Idaho 579, 580, 808 P.2d 1324, 1325 (Ct.App.1991). The non-custodial parent's income is 66.6% of the parent's total combined income. Notice. Smith filed a notice of hearing and provided a statement of credits and debits from his inmate account and a copy of the Order/Notice to Withhold Income for Child Support from the BCSS. Health and Welfare's administrative rules governing child support withholding orders are limited to defining the form of a withholding order. STATE of Idaho, CHILD SUPPORT SERVICES, Plaintiff-Respondent, v. Charles E. SMITH, Defendant-Appellant. All rights reserved. dissolution of a marriage through divorce, custody agreement provides for joint or shared custody of a child, The financial resources, needs, and obligations of both the custodial and noncustodial parents which ordinarily shall not include a parent’s community property interest in the financial resources or obligations of a spouse who is not a parent of the child, unless compelling reasons exist, The standard of living the child enjoyed during the marriage, The physical and emotional condition and needs of the child and his or her educational needs, The availability of medical coverage for the child at reasonable cost as defined in section 32-1214B, Idaho Code. All states have a method of modifying the amount of child support owed in cases where the custody agreement provides for joint or shared custody of a child between both parents. Versión en español del sitio web § 67-5271(1) is inapplicable here. 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