Moscow Idaho Divorce
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MAGYAR, RAUCH & THIE, PLLC
Know your rights when it comes to divorce:
:32-705.Maintenance.
1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the
spouse seeking maintenance:
(a) Lacks sufficient property to provide for his or her reasonable needs; and
(b) Is unable to support himself or herself through employment.
2. The maintenance order shall be in such amounts and for such periods of time that the court
deems just, after considering all relevant factors which may include:
(a) The financial resources of the spouse seeking maintenance, including the marital property
apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
(b) The time necessary to acquire sufficient education and training to enable the spouse
seeking maintenance to find employment;
(c) The duration of the marriage;
(d) The age and the physical and emotional condition of the spouse seeking maintenance;
(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while
meeting those of the spouse seeking maintenance;
(f) The tax consequences to each spouse;
(g) The fault of either party.
:32-705.Maintenance.
1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the
spouse seeking maintenance:
(a) Lacks sufficient property to provide for his or her reasonable needs; and
(b) Is unable to support himself or herself through employment.
2. The maintenance order shall be in such amounts and for such periods of time that the court
deems just, after considering all relevant factors which may include:
(a) The financial resources of the spouse seeking maintenance, including the marital property
apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
(b) The time necessary to acquire sufficient education and training to enable the spouse
seeking maintenance to find employment;
(c) The duration of the marriage;
(d) The age and the physical and emotional condition of the spouse seeking maintenance;
(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while
meeting those of the spouse seeking maintenance;
(f) The tax consequences to each spouse;
(g) The fault of either party.
32-706.Child support.
(1) 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:
(a) The financial resources of the child;
(b) 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;
(c) The standard of living the child enjoyed during the marriage;
(d) The physical and emotional condition and needs of the child and his or her educational
needs;
(e) The availability of medical coverage for the child at reasonable cost as defined in section
32-1214B, Idaho Code;
(f) The actual tax benefit recognized by the party claiming the federal child dependency
exemption.
(1) 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:
(a) The financial resources of the child;
(b) 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;
(c) The standard of living the child enjoyed during the marriage;
(d) The physical and emotional condition and needs of the child and his or her educational
needs;
(e) The availability of medical coverage for the child at reasonable cost as defined in section
32-1214B, Idaho Code;
(f) The actual tax benefit recognized by the party claiming the federal child dependency
exemption.
32-717.Custody of children --
Best interest. (1) In an action for divorce the court may, before and after judgment, give such
direction for the custody, care and education of the children of the marriage as may seem
necessary or proper in the best interests of the children. The court shall consider all relevant
factors which may include:
(a) The wishes of the child’s parent or parents as to his or her custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or her parent or parents, and his or
her siblings;
(d) The child’s adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the child; and
(g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the
presence of the child.
Best interest. (1) In an action for divorce the court may, before and after judgment, give such
direction for the custody, care and education of the children of the marriage as may seem
necessary or proper in the best interests of the children. The court shall consider all relevant
factors which may include:
(a) The wishes of the child’s parent or parents as to his or her custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or her parent or parents, and his or
her siblings;
(d) The child’s adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the child; and
(g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the
presence of the child.
32-712.Community property and homestead
-- Disposition. In case of divorce by the decree of a court of competent jurisdiction, the
community property and the homestead must be assigned as follows:
1. The community property must be assigned by the court in such proportions as the court,
from all the facts of the case and the condition of the parties, deems just, with due
consideration of the following factors:
(a) Unless there are compelling reasons otherwise, there shall be a substantially equal
division in value, considering debts, between the spouses.
(b) Factors which may bear upon whether a division shall be equal, or the manner of
division, include, but are not limited to:
(1) Duration of the marriage;
(2) Any antenuptial agreement of the parties; provided, however, that the court shall have
no authority to amend or rescind any such agreement;
(3) The age, health, occupation, amount and source of income, vocational skills,
employability, and liabilities of each spouse;
(4) The needs of each spouse;
(5) Whether the apportionment is in lieu of or in addition to maintenance;
(6) The present and potential earning capability of each party; and
(7) Retirement benefits, including, but not limited to, social security, civil service, military
and railroad retirement benefits.
-- Disposition. In case of divorce by the decree of a court of competent jurisdiction, the
community property and the homestead must be assigned as follows:
1. The community property must be assigned by the court in such proportions as the court,
from all the facts of the case and the condition of the parties, deems just, with due
consideration of the following factors:
(a) Unless there are compelling reasons otherwise, there shall be a substantially equal
division in value, considering debts, between the spouses.
(b) Factors which may bear upon whether a division shall be equal, or the manner of
division, include, but are not limited to:
(1) Duration of the marriage;
(2) Any antenuptial agreement of the parties; provided, however, that the court shall have
no authority to amend or rescind any such agreement;
(3) The age, health, occupation, amount and source of income, vocational skills,
employability, and liabilities of each spouse;
(4) The needs of each spouse;
(5) Whether the apportionment is in lieu of or in addition to maintenance;
(6) The present and potential earning capability of each party; and
(7) Retirement benefits, including, but not limited to, social security, civil service, military
and railroad retirement benefits.