Fill and Sign the Complaint Divorce with Children Form

Full Name of Party Filing Document Mailing Address (Street or Post Office Box) City, State and Zip Code Telephone Email Address (if any) IN THE DISTRICT COURT FOR THE JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF , Petitioner, vs. , Respondent. Case No. PETITION FOR DIVORCE: WITH MINOR CHILDREN Fee Category: B.1. Filing Fee: $ The Petitioner says: 1. Residence of the Parties. I am now and have been a resident of the state of Idaho for at least six (6) full weeks prior to the filing of this action. Respondent is currently a resident of the State of . 2. Marriage of the Parties. The parties were married at (city) , (state) on (month, day, year) , and are still Husband and Wife. 3. Grounds for Divorce. Irreconcilable differences exist between the parties. 4. Minor Child/ren of the Parties. The following child/ren under the age of 18 years, or 19 years and still pursuing a high school education, was/were born to or adopted by the parties: Name Date of Birth Current Address PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 1 CAO D 1-5 07/01/2017 PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 2 CAO D 1-5 07/01/2017 (Minor Children - Continued) Name Date of Birth Current Address  Wife is not now pregnant.  Wife is now pregnant with a child expected to be born . 5. UCCJEA Jurisdiction. This court has jurisdiction to determine custody of our child/ren under the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11-101, et seq., because each child has resided in Idaho for at least six consecutive months before the filing of this Petition or for their entire life if they are less than six months of age. a. Living Arrangements Last 5 years. Our child/ren have lived with the following persons in the following places within the last five years: Name of Person City and State Time Period (mm/yr- mm/yr) Child’s Name if not all children The names and current addresses of each non-parent our children have lived with during the last 5 years are: b. Participation in Other Cases.  I have NOT participated as a party or witness, in a different case involving our child/ren. or  I have participated as a party or witness in the following different case involving our child/ren (provide all specifics including the parent’s name, the state, the court, the case number and the date of the child custody order, if any): c. Other Cases Affecting Child/ren.  I do NOT know of a different case that could affect our child/ren. or  The following different case that could affect our child/ren (provide all specifics including the PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 3 CAO D 1-5 07/01/2017 parent’s name, the state, the court, the case number and the nature of the proceeding): . d. Custody/Visitation.  Other than the parents, no one has or claims custody or visitation rights with our child/ren. or  In addition to the parents, the following person/s have or claim custody or visitation for our child/ren (list names and addresses):___________________________________________________ _____________________________________________________________________________________. 6. Legal Custody.  It is in the best interest of our child/ren that we be awarded joint legal custody. or  It is in the best interest of our child/ren that (name) be awarded sole legal custody of the child/ren because 7. Physical Custody.  It is in the best interest of our child/ren that we be awarded joint physical custody of our child/ren  on the terms and according to the attached Parenting Plan . or  as follows: or  (name) should be awarded sole physical custody of our child/ren because and  (name) should spend time with our child/ren as follows: 8. Child Support.  Child support has already been set in Case No. , entered in County, State of , on PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 4 CAO D 1-5 07/01/2017 (month/day/year) , and  Petitioner asks it continue as shown by the attached Order, Judgment or Decree Exhibit B. (if checked, skip to section 9), or  there have been substantial and material changes with respect to child support since the date of the last Order, Judgment or Decree. The amount of child support should be changed and the Decree issued by this Court should control. (if checked, you must also file a Motion for Consolidation) The following changes have occurred (check all boxes that apply) :  The custodial arrangement.  The gross annual income of one or both parents.  A parent is providing medical insurance.  The parent claiming the tax dependency exemption should be changed.  ( other reason ) and/or  Child support should be paid by (name) based on the Idaho Child Support Guidelines, according to the attached Affidavit Verifying Income and Child Support Worksheet(s). The basic child support is (see child support worksheet) $ . Child support payments should begin on the day of the month after the Decree of Divorce is signed and continue to be paid on the same day of each following month until the child/ren for whom support is being paid reach/es the age of eighteen. If a child for whom support is being paid continues his/her high school education after reaching the age of eighteen (18) years, child support payments should continue until the child discontinues his/her high school education or reaches the age of nineteen (19) years, whichever is sooner. Payment should be made payable to the Department of Health and Welfare and sent to Idaho Child Support Receipting, P.O. Box 70008, Boise, ID 83707-0108. Notice The court is required to order income withholding in all child support orders. Income withholding is enforced by a withholding order issued to the paying parent’s employer without additional notice to the paying parent, according to Idaho Code Section 32- 1204. The support order can also be enforced by license suspension or the filing of a lien upon all real and personal property of the paying parent. a. Multiple Children. (if applicable) PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 5 CAO D 1-5 07/01/2017  We have more than one minor child. If this child support order has not been modified, when one child is no longer entitled to support, child support for the remaining child/ren should continue and will be paid by (name) for a total adjusted support amount of $ per month; when two children are no longer entitled to support, child support for the remaining child/ren should continue and will be paid by (name) for a total adjusted support amount of $ per month; when three children are no longer entitled to support, child support for the remaining child/ren should continue and will be paid by (name) for a total adjusted support amount of $ per month. b. Extended Visits. (if applicable)  Our child/ren live/s in the home of one parent at least 75% of the time. (If selected, check the boxes below that apply. Otherwise, go to the next section.)  When the parent paying child support has physical custody of the child/ren for 14 or more overnights in a row, the amount of basic child support should be reduced for that period of time. However, visitation of two overnights or less with the other parent should not eliminate the reduction of basic child support during extended visits. The child support reduction for the period of the actual physical custody should be  50% or  (Other percentage) ____% of the basic child support obligation. The reduction should be subtracted from the child support payment due the month following the extended visit.  If the parent paying child support has physical custody of some but not all of the children for a period of 14 overnights in a row, before a reduction is made, the basic child support obligation should first be divided by the number of children under 18 years of age. The parent who pays child support can only claim a reduction for the child/ren in that parent’s custody. For Example— Parent has 3 of 4 children for 14 overnights. $300/mo. basic support payment divided by 4 children = $75 per child per month divided by 30 = $2.50 per day per child x 14 = $35.00 x 3 for 3 children = $105.00. Reduction = 50% of $105 or $52.50. c. Work-Related Childcare Expenses. (Basic child support does not include work-related childcare.) Basic child support does not include work-related childcare. The actual net out-of pocket costs for work-related child care should be paid _______% by Father and _______% by Mother. Payment should be made directly to the child care provider by PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 6 CAO D 1-5 07/01/2017 both parents according to arrangements made with the care provider if permitted by the care provider. Otherwise, if one parent pays the child care provider any portion of the other parent’s share of costs, the non-paying parent should reimburse the paying parent within 10 days after the paying parent provides a copy of the invoice and proof of payment. d. Medical, Dental, and/or Optical Insurance.  (name) is/are currently providing health insurance for the minor child/ren and should continue to do so, so long as it is reasonably available through that parent’s employment. If such insurance becomes unavailable to the parent currently providing insurance, the parent first reasonably able to obtain group health insurance through employment should do so. or  Neither parent is currently providing health insurance for the child/ren. The parent first reasonably able to obtain group health insurance through employment should do so.  Any future health insurance premiums for the child/ren should be prorated between the parents.  The child/ren participate/s in the Children’s Health Insurance Program (CHIP) of Medicaid. The parent first reasonably able to obtain group health insurance through employment should do so. Where medical insurance is provided, each parent should be ordered to provide the other with all medical insurance information necessary to obtain health care and process insurance claims for the child/ren. Insurance proceeds should be applied first to unpaid medical bills and then to reimburse the paying parent for any prepaid medical costs. Both parents should be ordered to sign any needed document that provides continuing health care for the child/ren. Failure to provide medical insurance coverage may result in the direct enforcement of a medical support order by either the obligee (party or parent other than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren) or the Department of Health and Welfare. A national medical support notice will be sent to your employer, requiring your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department. e. Health Care Costs. The actual cost paid by either parent for health care expenses for the child/ren not paid in full by insurance, including, but not limited to, insurance premiums, orthodontic, optical and dental, should be prorated between the parents. Father should pay % and Mother should pay %. Any health care for the child/ren (whether for psychiatric, psychological, special education, addiction treatment, or counseling in any form, and including regular medical or dental care), whether or not covered by insurance, that would result in an actual out-of-pocket PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 7 CAO D 1-5 07/01/2017 expense of over $500 to the parent who did not incur or consent to the expense, must be approved in advance, in writing, by both parents or by prior court order. ( Note: The court may consider whether consent for out-of-pocket expenses in excess of $500 was unreasonably requested or withheld and order payment of the incurred expense in some percentage other than the Guidelines Income .)  The child support payment should include an adjustment for each parent’s share of health insurance costs. All other health care payments are in addition to the basic child support award and should be promptly paid or reimbursed directly between the parents. or  All health care payments should be in addition to the basic child support award and should be promptly paid or reimbursed directly between the parents. f. Tax Benefits & Exemptions.  The state and federal income tax dependency exemptions for the child/ren should be assigned as follows:  (Your Full Name) shall claim: (Child/ren’s names)  (Other Parent’s Full Name) shall claim: (Child/ren’s names) The parent not receiving the exemption(s) should be awarded a pro rata share of the value of income tax benefit in proportion to his/her guidelines income which should be either a credit against or in addition to the basic child support obligation . You must not claim the exemption if it is not assigned to you. If the exemption is not assigned to you, you must sign and provide to the other parent all required Internal Revenue Service form(s), including IRS Form 8332, by January 31st of each tax year. g. Summary of Basic Child Support and Adjustments: Basic Child Support Amount Pick one:  Mother should pay $_________  Father should pay $_________ Health Insurance Premiums PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 8 CAO D 1-5 07/01/2017 Monthly cost for children $_________ Mother pays %_________ Father pays %_________ Costs should be : ( Pick one)  paid directly between parents  added to or subtracted from basic child support +/- $_________ Tax Benefits  Mother or  Father should claim tax benefits Mother’s share %_________ Father’s share %_________ Basic child support increased or decreased by +/- $_________ Total Basic Child Support Amount with adjustments $_________ Additional Costs Work-related Daycare Pay directly to the provider if permitted or reimbursements should be made directly between parents. Mother pays %_________ Father pays %_________ 9. Other Minor Child/ren, NOT of Both Parties.  No party is the parent of any other minor child/ren born during the marriage and Wife is not now pregnant. or  Wife is pregnant, but Husband is not the father of the child expected to be born on (date) . and/or  Husband is not the father of the following child/ren born to Wife during the marriage: (write full name/s and date/s of birth) 10. Separate Property. (Land and/or Personal Property)  None. or  Prior to or during the marriage, the Husband acquired the separate property listed on the attached Schedule . That property should be confirmed as the Husband’s separate property. Wife should be ordered to return to Husband any such property in Wife’s possession. and/or  Prior to or during the marriage, the Wife acquired the separate property listed on the attached Schedule . That property should be confirmed as the Wife’s separate property. Husband should be ordered to return to Wife any such property in Husband’s possession. 11. Community Real Property. (Land) During the marriage, the Wife and Husband acquired: PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 9 CAO D 1-5 07/01/2017  no community real property. or  the community real property should be awarded as set out in the attached Schedule. 12. Community Personal Property. During the marriage, the Wife and Husband acquired:  No community personal property. or  Community personal property has already been divided. The property should be awarded to the party who presently has possession. or  Community personal property listed on the attached Schedule. It would be fair for the court to award to the Husband, as his sole and separate property, the community property described in the attached Schedule. and/or  Community personal property listed on the attached Schedule . It would be fair for the court to award to the Wife, as her sole and separate property, the community property described in the attached Schedule . The court should order each party to deliver to the other any of the community personal property currently in his/her possession that is awarded to the other party. The court should also order each party to sign and deliver any documents necessary to carry out the property division. 13. Debts.  The Petitioner has no knowledge of any unpaid debts. or  It would be fair for the court to order the Husband to pay the debts listed in the attached Schedule as or before they become due and to order the Husband to hold the Wife harmless for any further liability concerning those debts. and/or  It would be fair for the court to order the Wife to pay the debts listed in the attached Schedule as or before they become due and to order the Wife to hold the Husband harmless for any further liability concerning these debts. 14.  Debts Incurred Since Separation. The parties have been separated since (date): . It would be fair for the court to order that each party will assume any debt incurred by that party since the date of separation. The court should order each party to pay those debts as or before they become due and to hold the other party harmless from any obligation concerning those debts. 15.  Name Change. should be restored to the former last name of . VERIFICATION: I certify I have read this Petition and state that all facts included are true. WHEREFORE, Petitioner prays for judgment as requested above. PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 10 CAO D 1-5 07/01/2017 CERTIFICATION UNDER PENALTY OF PERJURY I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct. Date: Typed/printed name Signature PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 11 CAO D 1-5 07/01/2017 REMOVE THIS PAGE AND Attach (staple) the PARENTING PLAN Attach (staple) and Mark as “EXHIBIT B”: CHILD SUPPORT ORDER FROM OTHER CASE or AFFIDAVIT VERIFYING INCOME and CHILD SUPPORT WORKSHEET(s) If you have listed property, Attach (staple) the Property and Debt Schedule PETITION FOR DIVORCE: WITH MINOR CHILDREN PAGE 12 CAO D 1-5 07/01/2017 Property and Debt Schedule Separate Property  Husband’s:  Wife’s: Community Real Property .  The real property, located at in the City of , County of , State of Idaho, and described in the deed as follows:  shall be sold and the net proceeds divided % to the Wife and % to the Husband. or  is awarded to the Wife, subject to any liens, and the Husband is ordered to convey his interest in the property to the Wife when she pays him $ . or  is awarded to the Husband, subject to any liens, and the Wife is ordered to convey her interest in the property to the Husband when he pays her $ . or  Property and Debt Schedule Community Personal Property  Husband’s:  Wife’s: Community Debts Creditor Name Amount Husband shall pay Amount Wife shall pay Property and Debt Schedule