Divorce Alimony in Idaho

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Like other states, the divorce procedure in this state is carried out by the state rules and regulations formulated on the Federal guidelines. The related aspects of such process like property division, child custody will come under the jurisdiction of the state court. These matters are solved either by mutual discussions between partners, or by the court trial that is supervised by a judge. Divorce alimony in Idaho is one such issue that is an integral part of most dissolution cases.

Issues contemplated upon while granting Divorce Idaho Alimony

The amount and duration of spousal support is determined by the court after contemplating on the following issues. The Idaho Statutes 32-705 deal with issues such as:

  • Whether any spouse is at fault owing to which the divorce has taken place?
  • The mutual relations of partner and cause of a marital dissolution.
  • The ability of the partner to satisfy self needs as well as those of the partner, who is requesting the money.
  • The emotional condition, physical condition and age of the partners.
  • The duration for which a couple is married.
  • The duration that is essential for the spouse to attain adequate education and training to become employed.
  • The financial sources of the party requesting this money, inclusive of the following -
    • The marital property that has been granted to this party.
    • The ability of this party to fulfill their own requirements independently.

In this state, alimony is not a mandatory payment. A spouse has to apply for it separately. In a majority of cases, it is awarded for a specific amount of time. While the legal proceeding is in progress, the court can order temporary maintenance. Following are some common types of spousal maintenance -

  • Life-time monitory assistance: It is awarded in a case where the duration of marital life is quite long. Generally, the spouses suffering from any kind of physical or mental problems are entitled to receive such help. This payment will be stopped if the spouse, who is authorized to receive monitory support, dies or remarries in later age.

  • Short-term spousal support: The spouse who has been handling the responsibilities of homemaking and upbringing of child is awarded such type of assistance. It is a transitional kind of support which may be paid till such partner is able to be self-independent. If such person is a custodial parent, then the order can be continued till the children attain maturity.

  • Temporary order: As mentioned above, the court may award specific monitory help to a spouse during the litigation process. Such order remains valid till the date of the final decree. Afterwards, such amount may be revived or discontinued depending upon the marital issues and conditions.

The payment of spousal support might be as a payment plan or a lump sum amount. The monitory obligation that is paid in advance cannot be altered later.

Divorce Idaho Alimony in an Uncontested Case

In an Uncontested process, both the spouse must accede to one another regarding the amount of alimony granted to either of them. When both spouses are employed, the spousal support is granted for a brief period of time and it is a small amount. The partners, who are earning comparatively same income, should not expect spousal support after divorce.

Some points regarding Idaho Alimony -

  • The amount of tax imposed on the income of both the partners is regarded as a parameter that impacts the amount of support.
  • If the duration of marriage is more than 10 to 12 years, then it is observed that the court usually passes an order that the spouse with higher income should pay money to the spouse with lower income.
  • It has been recorded that in this state a majority of couples choose the mutual method. In this method, both the spouses agree with each other regarding the amount and duration of spousal support and both of them sign the papers on which the terms of the order are mentioned.

Procedural Requirements for Alimony in Idaho

The court process of a spousal maintenance can be a part of regular litigation. If a person is seeking temporary maintenance, he or she should make an appeal for the same during a dissolution procedure. For a post divorce spousal support, an application can be made after getting the final decree. If any spouse fails to make payment on the predetermined date, the receiver is permitted to file a case of contempt of the court against such spouse. The spouses can get legal help, as it is beneficial to decide the exact amount of spousal maintenance that can be requested.

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