Idaho > Statewide > District Court > Family Law
Modification Order (Stipulated) CAO 10-11 - Idaho
| Modification Order (Stipulated) Form. This is a Idaho form and can be used in Family Law District Court Statewide . |
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Completing Form CAO 10-11: Stipulated Modification Order [REMOVE THESE INSTRUCTION PAGES BEFORE FILING] (Revised 10/10/2003) Use this form only if you and the other parent have filed a Stipulation for entry of this Order (CAO 6-9 or 10-7). Talk to an Attorney, if Possible Warning: When you represent yourself in a court case you are held to th e 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 ma ke serious errors in handling your case. These instructions are not a substitute for legal a dvice. The laws and court rules are complex and following these instructions will not guarantee th at your rights are protected or that you will be satisfied with the result. You should alw ays 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 information about your rights. Call the Idaho State Bar (208-334-4500) to provide you with the name of an attorney who handles this type of case. Instructions Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a computer, you may delete the optional sections you dont need and ren umber the remaining sections, or type in none if a section doesnt apply. Option al sections are shown with a 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. At the top left-hand corner of page 1, fill in each of your names, addre sses, and telephone numbers, followed by Plaintiff, Defendant, Petitioner, or Respondent, as each of you were identified in the original divorce or custody case. Fill in the county and judicial district in the heading (for example, In the Dis trict Court of the S econd Judicial District in and for the county of Nez P erce). F ill in your names in the caption (for example, J ohn Doe Plaintiff vs. Mary Doe, Defendant) as they appeared in the caption in the original case. Fill in the case number from the original case. Check the box for child support or child custody/visitation or both in the area below the case number. Leave the date in the introductory sentence blank (the judge will fill it in later). Fill in the names and date of birth for each child. 1. Custody. Check the box if the custody arrangement is being changed and Fill in the date of the latest Custody Order. A. Legal Custody. If there will be no change in legal custody of the child/ren, check the first box or If there will be a change: o Check the second box if both parents are fit persons to share the decisi on- making rights, responsibilities and authority relating to the health, ed ucation and general welfare of the child/ren. or o Check the third box if one parent is to have sole legal custody of the c hild/ren, and o Fill in the blank to indicate which parent will be given sole legal cust ody. MODIFICATION ORDER PAGE 1 CAO10-11 Revised 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 2 B. Physical Custody. Check the first box if both parents are to be given physical custody of the child/ren and o Attach a copy of the same Parenting Plan you attached to your Motion for Modification. IMPORTANT: The Parenting Plan must be attached to make i t a part of the Modification Order. or Check the second box if physical custody of the child/ren will be given to only one parent, and Fill in the blank to indicate which parent will have sole physical custo dy. o If the other parent will have time with the child/ren, write in the pare nts name, and o Write in the terms and conditions of the other parents time with the child/ren. 2. Child Support. Check the first box if there will be no change. If the Child Support Or der is in another case, attach a copy of the Order, labeled Exhibit B. Or Check the second box if child support will be changed in this case and o Fill in the name of the parent paying child support and the total amount of each monthly payment. o Fill in the base amount of child support. o If your child support calculation includes a pro rata sharing of medical insurance premiums and/or tax benefits, check the appropriate boxes and fill in th e amount(s). o If you have more than one minor child, fill in the total amount of child support that will be due as each child is no longer eligible for support under Idaho law, as calculated according to the Idaho Child Support Guidelines. NOTICES According to Chapter 12, Title 32, Idaho Code, a Child Support Order is immediately enforceable through income withholding. Income withholding shall be enforced by a Withholding Order issued to the paying parents empl oyer without additional notice to the paying parent. 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 paren t. Extended Visits: If the child/ren will be living in the home of one parent at least 75% o f the time, you can adopt either or both of the next two paragraphs of the form. If the chi ld/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 Chi ld Support Guidelines, Rule 6(c)(6) of the Idaho Rules of Civil Procedure, desc ribe Shared Physical Custody and the computation of child support with that parenting arr angement. You can get a copy of the Child Support Guidelines from a Court Assistance Offic e or 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 the box for 50% or filing in your own percentage as you did on the Motion for Modification. 3. Medical Insurance. Check the first box if there will be no change. or Check the appropriate box and fill in the blank to designate how health insurance coverage is now being provided for the child/ren. o Write in the percentage to be paid by each parent. MODIFICATION ORDER PAGE 2 CAO10-11 Revised 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 3 In the fourth paragraph, if health insurance premiums are NOT included i n the calculation of child support and you completed this section in the Motion for Modificat ion, check the box and write in the percentage to be paid by each
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