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Motion To Modify Order Or Decree Form. This is a Idaho form and can be use in District Court Statewide.
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Tags: Motion To Modify Order Or Decree, CAO 10-1, Idaho Statewide, District Court
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Completing a Motion for Modification – CAO 10-1 SUBPOENA
JUDICIAL
Plaintiff(s)
(10/10/2003 Revision)
-against:
[REMOVE THESE INSTRUCTION PAGES BEFORE FILING]
Talk to an Attorney, if Possible
:
Warning: When you represent yourself in a court case you are held to the same standard as an
:
attorney. This applies to your preparation of paperwork and your conduct at all hearings and/or
trial. Your lack of legal knowledge may cause you to make serious errors in handling your case.
Defendant(s)
:
. . These instructions. are . . . .a . . . . . . . . . . . . legal. advice.. .The laws and court rules are complex
. . . . . . . . . . . . . . . . . . . not . substitute for . . . . . . . . . . . .
and following these instructions will not guarantee that your rights are protected or that you will
be satisfied with the result. You should always talk to a lawyer about your legal problems before
filing any legal paperwork. Even if you do not hire a lawyer to appear in your case, a lawyer can
give you more THE STATE OF your rights.
THE PEOPLE OFinformation aboutNEW YORK Call the Idaho State Bar (208-334-4500) to provide
you with the name of an attorney who handles this type of case.
TO
YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE MOTION FOR
MODIFICATION, KNOW THE CONTENTS AND BELIEVE IT’S TRUE. TO AVOID MAKING
ANY MISSTATEMENTS, BE SURE TO READ THE ENTIRE COMPLETED FORM NAD EVERY
INSTRUCTION.
GREETINGS:
Instructions
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of forms by typing or by printing neatly and legibly in black ink. If you are working on a
Fill in the
incomputer, you may the
room
, on delete the optional sections you don’t need o'clock in the the remainingany recessed
day of
, 20
, at
and renumber noon, and at
orsections, or type in “none” if give evidence as a witness in this action on the part of the with a
adjourned date, to testify and a section doesn’t apply. Optional sections are shown
boldface “or”. If the section does not contain a boldface “or” it is necessary and you should
type in the appropriate information (which might be the word “none”). Always keep a copy of the
completed form for your records.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the partythe top left-hand this subpoena was issuedyourafull legal name, address, and all damages sustained as a
• At on whose behalf corner of page 1, fill in for maximum penalty of $50 and telephone
result number.
of your failure to comply.
•
Fill in the county and judicial district in the heading (for example, “In the District Court of the
Witness, Honorable
, one is in Justices of the
Sixth Judicial District in and for the County of Bannock”) exactly like it of thethe Order or
asking
changed.
Court Decree you areCounty, to beday of
in
, 20
• Fill in the names of the plaintiff and defendant exactly as they appeared in the caption in the
original case.
• Fill in the case number from the original case.
(Attorney must sign above and type name below)
Fill in your full legal name and check the box to indicate if you are the mother or the father.
Attorney(s) for
1. Fill in the name and date of birth for each minor child and the city and state where each child
has lived for the last five years. If none of the children and no parent still lives in Idaho, the
Idaho court may lack authority (“jurisdiction”) to modify custody. In that event you should
consult an attorney to determine whether there may be other grounds for jurisdiction under the
Uniform Child Custody Jurisdiction and Enforcement Act, Section 32-11-203, I.C.
Office and P.O. Address
2. Write in the city, county and state where Mother resides and the city, county and state where
Father resides.
Telephone No.:
3. UCCJEA Jurisdiction.
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
MOTION TO MODIFY
PAGE 1
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You are required to inform the court if there have been any:other cases involving your child/ren
JUDICIAL SUBPOENA
Plaintiff(s)
in any court or if there are any other people claiming custody or visitation rights with the
-againstchild/ren. In paragraphs 3a, b, c and d, provide all requested information or write “none”.
:
4. Before asking the court to modify (change) the order now in effect, you must provide
:
information to the court explaining what significant (“substantial and material” for child support)
change(s) in circumstances make the modification necessary. Check the box/es that describe
:
the change(s) that have occurred since the most recent order. If none of the boxes apply,
Defendant(s)
provide your own description of the changes.
:
......................................................
5. Custody.
• Check the box if you are seeking to have the previous order modified with respect to
custody OF THE STATE OF NEW
THE PEOPLE (or “Parenting Plan”) and YORK
• Write in the date of the most recent Custody Order. Consult the court file if you are unsure
TO about the date of the most recent order. Note: There may be different orders if you have
changed either support or custody before.
Legal Custody. “Joint legal custody” means each parent has decision-making rights,
responsibilities and authority relating to the health, education and general welfare of the
GREETINGS:
child/ren. The court will award joint legal custody unless you can prove it would not be in the
best interest of the minor child/renall business and excuses being laid aside, you and rights. you attend before
WE COMMAND YOU, that for the other parent to have decision-making each of
• Check the
,
the Honorable first box if both parents are fit persons to have decision-making rights,
at the
Court
responsibilities and authority relating to the health, education and general welfare of the
located at
County of
child/ren. or
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
Check the to testify and you are declaring that one parent should have of the
or•adjourned date,second box if give evidence as a witness in this action on the part sole legal custody of
the child/ren, and
o Write in the name of the parent who should be given sole legal custody and
o State why the other parent should NOT be allowed to share legal custody.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Physical Custody. “Joint physical custody” means each parent has significant periods of time in
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
which your failure to comply.
result of a child resides with or is under his/her care and supervision. Joint physical custody
assures the child/ren frequent and continuing contact with both parents but does not necessarily
mean the child spends exactly the same amount of time with each parent. The court will award
Witness, Honorable
, one of the Justices of the
joint physical custody unless you can prove it would not be in the best interest of the minor
Court in
County,
day of
, 20
child/ren.
• Check the first box if both parents should be given physical custody of the child/ren and
o Complete the Parenting Plan. (Both parents may sign the Parenting Plan, but it is not
required). Write “Exhibit A” on the bottom of the first page of sign above and typePlan below)
(Attorney must the Parenting name and
attach it to the Motion for Modification. IMPORTANT: The Parenting Plan must be
attached to make it a part of the Motion for Modification. Make an extra copy of the
Parenting Plan to attach to the Modification Order. or
Attorney(s) for
• Check the second box if you are asking the court to give sole physical custody of the
child/ren to only one parent, and
• Write in the name of the parent should be given sole physical custody and
• State why the other parent should NOT be given periods of time when the child/ren resides
Office and P.O. Address
with or is under his/her care and supervision.
o If you want the court’s order to give the other parent restricted or conditional time with
the child/ren, write in the parent’s name and
o State specifically what you want the court to order.
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
MOTION TO MODIFY
PAGE 2
CAO 10-1 Revised 10/10/2003
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6. Child Support.
JUDICIAL SUBPOENA
Plaintiff(s)
•
If there is already a Child Support Order and you do not need any change(s), check the
:
first box. If the Child -against- Order is in a different case, make a copy of that Order, mark it
Support
as “Exhibit B” and attach it to this Motion for Modification.
:
or
• If you want to change an existing Child Support Order, check the second box.
:
o You will first need to complete an Affidavit Verifying Income and a Child Support Worksheet.
A Court Assistance Officer can help you generate these documents if you provide the
Defendant(s)
:
required. information.. .The .Child .Support. Worksheet. will be used to complete this section.
............... .......... ... .... ...... .........
• Check the third box and
o Write in the name of the parent who will pay child support and the total monthly amount (the
base amount of support plus or minus any adjustments for medical insurance premiums
and/or the tax dependency).
THE PEOPLE OF THE STATE OF NEW YORK
• If your child support calculation includes the paying parent’s share of medical insurance
TO premiums and/or tax benefits.
o Fill in the Base Amount of child support
o Check the appropriate boxes and fill in the amount of the adjustment(s).
• If you have more than one minor child, you will need to have a separate calculation to reflect the
changed
GREETINGS: amount of support as each child is no longer eligible for support under Idaho law. Fill
in the total amount of child support, as calculated according to the Idaho Child Support
Guidelines for the remaining children.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
• Attach your Affidavit Verifying Income and at the Worksheet(s) to the Motion for Modification,
Support
,
the Honorable
Court
marking each as “Exhibit B”.
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
orExtended Visits.to testify and givelives in the home of one parent aton the part of the time, you can
adjourned date, If the child/ren evidence as a witness in this action least 75% of the
adopt either or both of the next two paragraphs of the form. If the child/ren spends more than
25% of the overnights in a year with each parent (shared physical custody), ignore the next two
paragraphs of the form. NOTE: Section 10(e) of the Idaho Child Support Guidelines, Rule
6(c)(6) Your failure to comply with this subpoenadescribe “Shared contempt of court and will make you liable to
of the Idaho Rules of Civil Procedure, is punishable as a Physical Custody” and
computation of child support with that parenting arrangement. You can $50 and all damages sustained as a
the party on whose behalf this subpoena was issued for a maximum penalty of get a copy of the Idaho
Child your failure to comply.
result ofSupport Guidelines from a Court Assistance Office or from the Internet at
http://www2.state.id.us/judicial/rules/ircp6c6.rul. If you selected the first paragraph, indicate
how much the support payment will be reduced by either checking theone offor 50% or filing in
Witness, Honorable
, box the Justices of the
your own percentage.
Court in
day of
, 20
WARNING: If you County, parent paying child support (the “obligor”) you should be aware the
are the
decree will provide for collection of unpaid child support from your wages and from your real
estate or personal property. The decree will also provide that if you move to another state, the
child support award (and any spousal maintenance award) can be enforced directlynamecourts in
(Attorney must sign above and type by below)
other states. Additionally, you should be aware that, according to Idaho law, if unpaid child
support equals or exceeds the total support owing for ninety (90) days or the sum of $2,000,
whichever is less, you are subject to suspension of any license to practice or engage in any
Attorney(s) concealed weapon, or
business, occupation or profession, operate a motor vehicle, carry afor
engage in any recreational activity, including hunting or fishing. Further, the State Tax
Commission will withhold and set-off any state tax refund to collect any unpaid child support, or
unpaid spousal support, and the Idaho State Lottery will likewise withhold and set-off a prize of
a lottery prize-winner.
Office and P.O. Address
7. Medical Insurance.
• Check the first box if there will be no change. or
• Check the appropriate box to indicate how health insurance coverage for the child/ren is
Telephone No.:
now being provided. If you selected the second paragraph, write in the name of the
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
MOTION TO MODIFY
PAGE 3
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parent(s) currently providing health insurance.
JUDICIAL SUBPOENA
Plaintiff(s)
In the fourth paragraph, if health insurance premiums are NOT included in the calculation of
-against:
child support and you want a court order that the premium be shared, check the box and
write in the percentage to be paid by each parent, based on each of your Guidelines income
percentage. (These percentages are determined when: calculating the child support. Refer
to the Child Support Worksheet.)
:
If you are the parent providing medical insurance the Order will state:
Notice
Defendant(s)
:
......................................................
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 OF THE A national NEW YORK
THE PEOPLEWelfare. STATE OF 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.
TO
8. Health Care Costs Not Paid by Insurance.
• Check the first box if there will be no change. or
• Check the second box and write in the percentage to be paid by each parent. Idaho’s Child
GREETINGS:
Support Guidelines presume a sharing in proportion to your Guidelines incomes.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
9. Work-related Child Care Costs.
,
the Honorable
at the
Court
• Check
located no
County of the first box if there will beat change. or
Fill
in•room in the percentages each parent will pay.
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
•adjourned date,boxtestify and give evidence as a witness in this action on the part of the
or Check the to if both parents will pay the care provider directly.
10. Income Tax Exemption.
• Check the first box if there will be no change. or
Your failure to the name of the parent is punishable each child as dependent make you
• Write in the blankcomply with this subpoenawho will claimas a contempt ofacourt and willon their liable to
the party on whose behalf this subpoena was issued for a maximum must reflect the samedamages sustained as a
income tax return(s). Note: The child support calculation penalty of $50 and all designation.
result of your failure to comply.
Witness, Honorable
, one of the Justices of the
Signature. Go to an office where there’s a Notary. Sign the Motion to Modify in front of the
Court in
County,
day of
, 20
Notary and have your signature notarized.
Exhibits: Mark your Parenting Plan as “Exhibit A” and your Child Support Affidavit and
(Attorney must sign Make an extra below)
Worksheet(s) or Child Support Order from another case as “Exhibit B”. above and type namecopy of
the Parenting Plan for use with the Modification Order, before attaching to the Motion. Attach
Exhibits to the Motion with a staple. Make additional copies of the Motion with Exhibits attached
so there is a copy for each party. Take the original and copies to the clerk of the court for filing
Attorney(s) for
and conforming.
Refer to the Instruction – Filing for Modification – for complete instructions.
REMOVE THESE INSTRUCTIONS BEFORE FILING YOUR P.O. Address MODIFY!
Office and MOTION TO
MOTION TO MODIFY
CAO 10-1 Revised 10/10/2003
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
:
Full Name of Party Submitting This Document
:
Defendant(s)
:
. .Mailing .Address . . . . . or.Post. Office Box) . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . (Street . . . . . . . . . .
City, State and Zip Code
THE PEOPLE OF THE STATE OF NEW YORK
Telephone Number
TO
IN THE DISTRICT COURT OF THE
JUDICIAL DISTRICT OF
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
Case No.: __________________________
_____________________________________,
located at
County of
Plaintiff,
in room
, on the
day of
, 20 MOTION TO MODIFY AN ORDERand at any recessed
, at
o'clock in the
noon, OR
vs. date, to testify and give evidence as a witness in this action on the part of the
or adjourned
DECREE
Fee Category:
_____________________________________,
Filing Fee:
Defendant.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
I, ___________________________________________, [ ] Mother [ ] Father, ask the
, one of the Justices of the
court toWitness, Honorable
enter an order pursuant to Rule 60(c), I.R.C.P., modifying a previous Order/Decree
Court in
County,
day of
, 20
entered in this case, and state:
1. The following child/ren under the age of 18 years, or 19 years and still pursuing a high
(Attorney must sign above and type name below)
school education, was/were born to or adopted by the parties:
Name
Date of Birth
Addresses for last 5 years
(Beginning with most recent city & state)
Attorney(s) for
Office and P.O. Address
2. Mother resides at (city, county, state) ________________________________________.
Telephone No.:
Facsimile No.:
Father resides at (city, county, state) _________________________________________________.
E-Mail Address:
MOTION TO MODIFY AN ORDER OR DECREE
PAGE 1
Mobile Tel. No.:
CAO 10/1 Revised 10/10/2003
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JUDICIAL SUBPOENA
Plaintiff(s)
3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren
-against:
pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11101, et seq.
:
a. I was a party or witness in the following case(s) involving our child/ren (provide
:
all specifics including the state, the court, the case number, the type of case and the date of any order(s)):
Defendant(s)
:
. . . . . . . . _____________________________________________________________________
..............................................
_____________________________________________________________________.
b. I know of the following court case(s) that could affect our child/ren (provide all
THE PEOPLE OFincluding the court, the caseYORK the type of case and the date of any order(s). If the order is
THE STATE OF NEW number,
specifics
TO
for child support, attach a copy):
________________________________________________________________________
_______________________________________________________________________.
c. In addition to the parents, the following person(s) claim custody or visitation
GREETINGS:
for our child/ren (list names and addresses):
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
______________________________________________________________________
,
the Honorable
at the
Court
located at
County of______________________________________________________________________.
in room
, If our
day live(s) with someone at
, 20
, other than a parent, the name(s) and any recessed
o'clock in the
noon, and at
d.on the child/renof
or adjourned date, to testify and give evidence as a witness in this action on the part of the
present address(es) of the person(s) with whom our child/ren live(s) is/are:
______________________________________________________________________
_____________________________________________________________________.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf been substantial and materialmaximum penalty of $50 and all damages sustained as a
4. There have this subpoena was issued for a changes in the circumstances of the
result of your failure to comply.
parties since the date of the last Order/Decree herein. The following changes have occurred
(check allWitness, Honorable
boxes that apply):
Court in [
[
[
[
[
, one of the Justices of the
County,
day of
, 20
] 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. name below)
(Attorney must sign above and type
] (other reason)
Attorney(s) for
.
5. Custody. [ ] No change. or
[ ] The moving party requests that the court modify the order entered (date of last custody
Office and P.O. Address
order) _____________________________ respecting custody of the minor child/ren as follows:
MOTION TO MODIFY AN ORDER OR DECREE
CAO 10/1 Revised 10/10/2003
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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JUDICIAL SUBPOENA
Plaintiff(s)
Legal Custody. [ ] No change. or
-against:
[ ] Both parties are fit persons to act as parents. 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 ____________________________ be
:
awarded sole legal custody because _______________________________________________
Defendant(s)
:
. .____________________________________________________________________________
....................................................
____________________________________________________________________________
___________________________________________________________________________.
THE PEOPLE OF THE STATE OF NEW YORK
Physical Custody. [ ] No change. or
TO
[ ] 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 Parenting Plan which is attached as “Exhibit A”.
or
GREETINGS:
[ ] _________________________ should be awarded sole physical custody of our
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend
child/ren because ______________________________________________________________ before
,
the Honorable
at the
Court
____________________________________________________________________________
located at
County of
in____________________________________________________________________________recessed
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any
or adjourned date, to testify and give evidence as a witness in this action on the part of the
___________________________________________________________________________.
[ ] ____________________________ should spend time with our child/ren
[ ] as follows: __________________________________________________________
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
____________________________________________________________________________
result of your failure to comply.
____________________________________________________________________________
____________________________________________________________________________
Witness, Honorable
, one of the Justices of the
Court in
County,
day of
, 20
____________________________________________________________________________
or
[ ] in accordance with the Parenting Plan which is attached as “Exhibit A”. name below)
(Attorney must sign above and type
6. Child Support.
[ ] Child support has already been set and does Attorney(s) for
not need to change. If child support
was set in a different case, a copy of the Child Support Order is attached as “Exhibit B”. or
[ ] This court has jurisdiction to determine child support, Title 32, Chapter 7, Idaho
Code. The moving party requests that the court modify the order entered (date of last Child Support
Office and P.O. Address
Order)
_______________________ respecting child support for the minor child/ren as follows:
[ ] Child support should be paid by _________________________ in the total amount
Telephone No.:
of $_________ per month, based on the Idaho Child Support Guidelines, according to the
Facsimile No.:
E-Mail Address:
MOTION TO MODIFY AN ORDER OR DECREE
PAGE 3
Mobile Tel. No.:
CAO 10/1 Revised 10/10/2003
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JUDICIAL SUBPOENA
Plaintiff(s)
Affidavit Verifying Income and Child Support Worksheet(s) attached as “Exhibit B”. The total
-against:
amount includes: Base child support in the amount of:
$__________
[ ] Work-related childcare expenses
[ ] Insurance premiums allocated in the amount of:
[ ] Tax benefits allocated in the amount of:
:
:
$__________
$__________
$__________
Defendant(s)
:
. . . . . . . . Child. support .payments .should. begin .on. the .twentieth (20) day of the month after the
.... ....... ........ ..... ..... . ... ......
Decree of Divorce is signed and continue to be paid on the twentieth (20) day of each following
month until the child/ren for whom support is being paid reaches the age of eighteen (18). If a
THE PEOPLE OFsupport is being paid continues his/her high school education after reaching the
child for whom THE STATE OF NEW YORK
age
TO 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
GREETINGS:
Child Support Receipting, P.O. Box 70008, Boise, ID 83707-0108.
If this Child Support Order has not been modified, when one aside, no and each of you
WE COMMAND YOU, that all business and excuses being laidchild is youlonger entitled toattend before
,
the Honorable support for the remaining child/ren should continue in the total amount of
at the
Court
support, child
located at
County of
$___________ per month; when two children are no longer entitled to support, child support for the
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
orremaining child/rentestify and give evidencetotal amount in this action on the part month; when three
adjourned date, to should continue in the as a witness of $____________ per of the
children are no longer entitled to support, child support for the remaining child should continue in the
total amount of $____________ per month.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
NOTICES
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and is damages sustained as a
According to Chapter 12, Title 32, Idaho Code, this Child Support Order all
result immediately enforceable through income withholding. Income withholding shall be
of your failure to comply.
enforced by a Withholding Order issued to the paying parent’s employer without
additional notice to the paying parent. A statewide lien on all real one of the Justices of the
Witness, Honorable
, and personal
paying
Court property of the County, parent will arise automatically if child support is past due in an
in
day of
, 20
amount equal to the smaller of $2,000 or 90 days of support, according to Idaho
Code §§7-1206 and 45-1901, et.seq.
The Support Order can also be enforced by license suspension.
(Attorney must sign above and type name below)
[ ] Extended Visits: Our child/ren live/s in the home of one parent at least 75% of the
time.
Attorney(s) for
[ ] When the parent paying child support has physical custody of the child/ren for 14 or
more overnights in a row, the amount of base 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
Office and P.O. Address
reduction of base child support during extended visits. The child support reduction for the period
of the actual physical custody should be [ ] 50% or [ ]_______% of the base child support
Telephone No.:
Facsimile No.:
E-Mail Address:
MOTION TO MODIFY AN ORDER OR DECREE
PAGE 4
Mobile Tel. No.:
CAO 10/1 Revised 10/10/2003
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
JUDICIAL SUBPOENA
Plaintiff(s)
obligation. The reduction should be subtracted from the child support payment due the next
-against:
month.
:
[ ] If the parent paying child support has physical custody of some but not all of the
children for a continuous period of fourteen (14) or more overnights in a row, before a reduction is
:
made, the base child support obligation should first be divided by the number of children under
Defendant(s)
:
. .eighteen .(18) .years. of. age. . . . . reduction.for .the.paying. parent should only apply to the base child
. . . . . . . . . . . . . . . . . . . The . . . . . . . . . . . . . . . . . . . . .
support thus allocated to the children in that parent's custody.
(Example: Parent has 3 of 4 children for 14 days. $300/mo. base support payment divided by 4 children = $75 per child
per PEOPLE OF THE STATE OF NEW YORK
THE month divided by 30 days = $2.50 per day per child x 14 days = $35.00 x 3 for 3 children = $105.00. Reduction =
50% of $105 or $52.50.)
TO
7. Medical Insurance. [ ] No change. or
[ ]
is/are
currently providing health insurance for the minor child/ren and should continue to do so, so
GREETINGS:
long as it is reasonably available through that parent’s employment. If such insurance becomes
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
unavailable
,
the Honorable to the parent currently providing insurance, the parent first reasonably able to obtain
at the
Court
located at
County of
group health insurance through employment should do so. or
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
[ ] Neither parent is currently providing health insurance for the child/ren. The parent
or adjourned date, to testify and give evidence as a witness in this action on the part of the
first reasonably able to obtain group health insurance through employment should do so. or
[ ] The child/ren participate/s in the Children’s Health Insurance Program. The parent
Your failure to comply with this subpoena is punishable as contempt of shall do so.
first reasonably able to obtain group health insurance throughaemploymentcourt and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
[ ] failure to child support amount does not include any actual cost paid by either parent
result of your The total comply.
for health insurance premiums for the child/ren. That cost, whether being paid now or incurred
Witness, Honorable
, their Guidelines of the
in the future, should be prorated between the parents in proportion to one of the Justicesincome.
Court in
County,
day of
, 20
Father should pay ______ % and Mother should pay _______ %. The payment should be in
addition to the base child support award and promptly paid directly between the parents.
(Attorney must ordered to provide the
Where medical insurance is provided, each parent should besign above and type name below)
other with all medical insurance information necessary to obtain health care for the child/ren.
Insurance proceeds will be applied first to unpaid medical bills and then to reimburse the paying
Attorney(s) for
parent for any prepaid medical costs. Both parents shall sign any needed document that
provides continuing health care for our child/ren.
Notice
Office and P.O. Address
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
Telephone No.:
Health and Welfare. A national medical support notice will be sent to your employer, requiring
Facsimile No.:
E-Mail Address:
MOTION TO MODIFY AN ORDER OR DECREE
PAGE 5
Mobile Tel. No.:
CAO 10/1 Revised 10/10/2003
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
JUDICIAL SUBPOENA
Plaintiff(s)
your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A
-againstthrough 32-1214J, Idaho Code, and applicable rules of the :department.
:
8. Health Care Costs Not Paid by Insurance. [ ] No change. or
:
[ ] The actual cost paid by either parent for health care expenses for the child/ren
not covered or paid in full by insurance, Defendant(s) not limited to orthodontic, optical and
including, but
:
......................................................
dental, should be prorated between the parents. Father should pay ______ % and Mother
should pay _______ %. These payments should be in addition to the base child support award
and be promptly paid directly between the parents.
THE PEOPLE OF THE STATE OF NEW YORK
Any health care for the child/ren (whether denominated as psychiatric, psychological,
TO
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-ofpocket expense of over $500 to the parent who did not incur or consent to the expense, must be
GREETINGS:
approved in advance, in writing, by both parents or by prior court order. (Note: The court may
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
consider whether consent for out-of-pocket expenses in excessCourt
of $500 was unreasonably
,
the Honorable
at the
located at
County of or withheld and order payment of the incurred expense in some percentage other
requested
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
than the Guidelines Income.)
or adjourned date, to testify and give evidence as a witness in this action on the part of the
9. Work-related Child Care Costs. [ ] No change. or
[ ] The total child support amount does not include work-related child care costs. The
Your failure to comply with work-related child care should be paid ______% by Father
actual net out-of-pocket costs for this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
and _____% by Mother.
result of your failure to comply.
[ ] Payment should be made directly to the child care provider by both parents
Witness, Honorable
, one of the child care
according to arrangements made with the care provider. If one parent pays the Justices of the
Court in
County,
day of
, 20
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 receipt for the payment.
(Attorney must sign above and type name below)
10. Income Tax Exemption. [ ] No change. or
[ ] The state and federal dependency tax exemption(s) for the parties’ minor child/ren
Attorney(s) for
should be assigned as follows: ____________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.
Office and P.O. Address
The parent not receiving the exemption(s) should sign the required Internal Revenue
Service form(s) to release the claim to the exemption(s).
Telephone No.:
VERIFICATION: I swear I have read this Motion Facsimile No.: all facts included are
and state that
MOTION TO MODIFY AN ORDER OR DECREE
CAO 10/1 Revised 10/10/2003
E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
JUDICIAL SUBPOENA
Plaintiff(s)
true. WHEREFORE, the moving party asks that the court enter its Modification Order after
-against:
appropriate notice.
:
DATE
, 20
.
:
Signature of Party Submitting
Defendant(s)
:
......................................................
SUBSCRIBED AND SWORN to before me this
day of
THE PEOPLE OF THE STATE OF NEW YORK
TO
,
.
________________________________
Notary Public for Idaho
Residing at: ____________________
My Commission expires: ___________
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
MOTION TO MODIFY AN ORDER OR DECREE
CAO 10/1 Revised 10/10/2003
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
PAGE 7
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
:
REMOVE THIS PAGE AND
:
Defendant(s)
:
......................................................
If modifying the custody schedule,
Attach the Parenting Plan
and
THE PEOPLE OF THE STATE OF NEW YORKas “EXHIBIT A”
Mark it
TO
If modifying child support,
Attach the Affidavit Verifying Income
and
GREETINGS:
Child Support Worksheet(s)
and
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Mark them as “EXHIBIT B”
,
the Honorable
at the
Court
located at
County of
in room
, on the If child support was ordered ,in a different case, the
day of
, 20
at
o'clock in
noon, and at any recessed
or adjourned date, to testify and give Attach that a witness in thisOrder on the part of the
evidence as Child Support action
and
Mark it as “EXHIBIT B”
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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