Law Office of  Jeremy D. Brown

A divorce will impact your life for years to come. It is important that you understand your rights and the decisions that will be made. Your divorce may determine the following.

 

Custodial Rights and Parental Visitation – Your divorce decree will designate the days each parent will spend with the children. The court will determine whether custody will be split equally or if one parent will have “primary custody.” The court will also establish a schedule for “visitation,” including holidays, birthdays, and other special events.

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Child Support – Idaho uses “child support guidelines” to determine whether child support is due and the amount of that support. It is important to know the factors considered so that your child support is properly calculated. Important factors include:

• The percentage of nights the children spend in each parent’s custody;

• Each parent’s income or potential income (including certain benefits such as per diem or cost of living reimbursements from their employer);

• Any allowable deductions from the parent’s income;

• The allocation of tax benefits; and

• Whether additional costs are paid by one parent, such as work related child care costs, health insurance premiums, or transportation expenses.

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Division of Community Property – The court will divide the property accumulated during the marriage. Although a substantially equal division is favored, the property may be divided unequally based on factors outlined in Idaho Code § 32-712. Types of community property include:

• Real Property – Your home, farm or other land;

• Personal Property – Vehicles, furniture, guns, tools, etc.;

• Bank accounts, retirement accounts, 401ks, IRAs, stocks, bonds, and other financial holdings.

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Determination of Separate Property – Separate Property is property that belongs solely to one spouse or the other, often accumulated before marriage or through inheritance. Your spouse may challenge your designation of separate property, placing that property at risk.

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Spousal Maintenance – The court may make findings pursuant to Idaho Code § 32-705, requiring one spouse to pay support to the other.

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Attorney Fees – The court may require one spouse to pay the attorney fees of the other as set forth in Idaho Code §§ 32-704 and 32-705.

 

You should consult with an attorney early as many of the issues discussed above may be decided on a temporary basis while the divorce is pending.