Petition For Divorce With Minor Children {CAO D 1-5}

PETITION FOR DIVORCE : WITH MINOR CHILDREN PAGE 1 CAO D 1 - 5 0 7 / 0 1 /20 1 7 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 FO R 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 th e 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 American LegalNet, Inc. www.FormsWorkFlow.com PETITION FOR DIVORCE : WITH MINOR CHILDREN PAGE 2 CAO D 1 - 5 0 7 / 0 1 /20 1 7 (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 247 32 - 11 - 101, et seq., because each child has resided in Idaho for a t 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 i n the following places within the last five years : Name of Person City and State Time Period ( mm/yr - mm/yr ) 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. o r I have participated as a party or witness in the following different case involving our child / ren date of the child custody order, if any): American LegalNet, Inc. www.FormsWorkFlow.com PETITION FOR DIVORCE : WITH MINOR CHILDREN PAGE 3 CAO D 1 - 5 0 7 / 0 1 /20 1 7 c . Other Cases Affecting Child/ren . I do NOT know of a different case that could affect our child/ren. or T he following different case that could affect our child/ren (provide all specifics including . d . Custody/ Visitation. Other than the parents, no one has or claims custody or v isitation 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 a ddresses): . 6. Legal Custody. It is in the best interest of our child/ren that we be awarded joint legal custody. o r 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: American LegalNet, Inc. www.FormsWorkFlow.com PETITION FOR DIVORCE : WITH MINOR CHILDREN PAGE 4 CAO D 1 - 5 0 7 / 0 1 /20 1 7 8. Child Support . Child support has already been set in Case No. , entered in County, State of , on (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 t here have been substantial and material changes wi th respect to child support since the date of the last Order, Judgment or Decree. The am ount 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 c hanges 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 S upport W orksheet(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) year s, 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. N otice The court is required to order income withholding in all child support orders. Income withholding is 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. American LegalNet, Inc. www.FormsWorkFlow.com PETITION FOR DIVORCE : WITH MINOR CHILDREN PAGE 5 CAO D 1 - 5 0 7 / 0 1 /20 1 7 a. Multiple Children . (if applicable) 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 cont inue 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 entitle d 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 sho uld 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 i . 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 E xpenses . ( Basic child support does not include work - related childcare.) Basic child su pport does not include work - related childcare. The actual net out - of pocket costs for work - related child care should be paid % by