Idaho Divorce Decree With Minor Children Form
In the case of reaching a verdict in a divorce case in the State of Idaho that has minor children involved, the following form has to be completed and submitted.
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Completing Form CAO 8-1: Decree of Divorce [Children]
Use this form for a case with m inor children (Revised 5/20/2005)
In an uncontested or default divorce, the Decree of Divorce m ust have exactly the sam e inform ation as
the Com plaint. You cannot change anything without the agreem ent of the othe r party. If you do need
or want to m ake changes that both of you agree upon, you can file a “Stipulation for Entry of a Decree
of Divorce”. Obtain Court Assistance Office Form No. CAO 6-8 and CAO Instruction 5A.
Exactly like you did in the Com plaint, at the top left-hand corner of page 1, fill in your nam e,
address and telephone num ber. Fill in the county and judicial district in the heading (for exam ple,
“In the District Court of the Third Judicial District in and for the County of Canyon”). Fill in your
full legal nam e in the caption above “Plaintiff”. Fill in your spouse’s full \
legal nam e above
“Def endant”. Fill in the Case Num ber.
Leave the date blank in the introductory sentence. Check either the fir\
st box if this is a default
divorce, or the second box if you and your spouse f iled a written stipulation (Form CAO 6-8) for
the entry of this decree.
Fill in the nam e and date of birth for each m inor child.
1A. Legal Custody
• Check the first box if both parents are fit persons to share the decisio\
n-m aking rights,
responsibilities and authority relating to the health, education and gen\
eral welfare of the
child/ren. or
• Check the second box if one parent is to have sole legal custody of the \
child/ren, and
• Fill in the blank to indicate which parent will be awarded sole legal cu\
stody.
1B. Physical Custody
• Check the first box if both parents are to be awarded physical custody o\
f the child/ren and
o Attach a copy of the Parenting Plan you attached to your Com plaint. IMPORTANT: The
Parenting Plan m ust be attached if you want to m ake it a part of the Decree of Divorce.
or
• Check the second box if physical custody of the child/ren will be awarde\
d to only one
parent, and
• Fill in the blank to indicate which parent will be awarded sole physical\
custody.
o If the other parent will have tim e with the child/ren, write in the parent’s nam e and
o W rite in the term s and conditions of the other parent’s tim e with the child/ren. or
o Attach the Parenting Plan. IMPORTANT: The Parenting Plan m ust be attached to m ake it
a part of the Decree of Divorce.
2. Child Support
• Check the first box if there is already a Child Support Order and
o W rite in the case num ber,
o The county and state where the order was entered, and
o The date the child support order was entered.
or
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 1
• Check the second box if child support will be set in this case and
o Fill in the nam e of the parent paying child support and the total am ount of each m onthly
paym ent.
o Fill in the base am ount of child support
o If your child support calculation includes a pro rata sharing of m edical insurance prem ium s
and/or tax benefits, check the appropriate boxes and fill in the am ount(s).
• If you have m ore than one m inor child, you will need to have a separate calculation to reflect
the changed am ount of support as each child is no longer eligible for support under Id\
aho law.
Fill in the total am ount of child support, as calculated according to the Idaho Child Suppor\
t
Guidelines.
Extended Visits. if your child/ren l ive/s w ith one parent m ore than 75% of the time:
• Check the box if you want one or both of the paragraphs included.
• If you selected the first paragraph, indicate how m uch the support paym ent will be reduced by
either checking the box for 50% or filling in your own percentage.
3. Medical Insurance: Check the appropriate box and fill in the blank to designate how health \
insurance
coverage is now being provided for the child/ren. W rite in the percentage to be paid by each parent,
based on each of your Guidelines incom e.
4. Health Costs. W rite in the pe rcentage to be paid by each parent, based on each of your Guidelines
incom e.
5. Net W ork-related Child Care Costs
• Fill in the percentages each parent will pay.
• Check the box if both parents will pay the care provider directly.
6. Incom e Tax Exem ption: W rite in the blank which parent will claim each child as a dependent on
their incom e tax return(s).
7. Separate Property
• Check the first box if you do not want a court order confirm ing ownership of separate property.
• If you want a court order confirm ing that specifi c separate property belongs to the Husband, or
an order that separate property be returned to the Husband, check the se\
cond box and describe
the property in the f irst section of “Exhibit C“. Initial and date the Exhibit.
• If you want a court order confirm ing that specific separate property belongs to the W ife, or an
order that separate property be returned to the W ife, check the third box and describe the
property in the f irst section of “Exhibit D“. Initial and date the Exhibit.
8. Com munity Real Property
• If you have acquired com munity real property during the m arriage, check the box and
o Fill in the residential address of the property (house num ber and street nam e),
o The nam e of the city and county and
o The legal description for the property.
• Check one of the first three boxes to indicate what the disposition of t\
he com munity real
property and any equity in the property will be, and f ill in the blanks or
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 2
• Check the fourth box and write in your own words how the property and an\
y equity in the
property will be distributed.
9. Com munity Personal Property
• If you have not acquired any com munity personal property, check the first box. or
• If you have already divided your com munity personal property and each of you have the
property in your possession, check the second box. and/or
• If there is specific property awarded to the Husband and the property is\
already in Husband’s
possession, check the third box and list the property in the second sect\
ion on “Exhibit C“
(Husband’s property). Initial and date the Exhibit.
• If there is specific property awarded to the W ife and the property is already in W ife’s
possession, check the fourth box and list the property in the second sec\
tion on “Exhibit D“
(W ife’s property). Initial and date the Exhibit.
• If there is property awarded to the Husband that is still in the possessio\
n of the W ife, check the
third box and list the property in the third section on “Exhibit C“ (Husband’\
s property). Initial
and date the Exhibit.
• If there is property awarded to the W ife that is still in the possession of the Husband, check the
fourth box and list the property in the third section on “Exhibit D“ (W ife’s property). Initial
and date the Exhibit.
Note: The Decree of Divorce can be used to transf er titles or deeds; but only if the description of
the property is f irst listed in the Com plaint or there is a Stipulation f or Entry of Decree and the
property description is complete and accurate (exam ple: for vehicles, all identifying inform ation on
the title; f or real property, a legal description of the property and not just the residential address of
the property).
If you have listed any property on “Exhibit C“ or “Exhibit D“\
, the Exhibits m ust be attached to
every copy of the Decree of Divorce. Initial and date each Exhibit. \
10. Debts
• List each creditor Husband should pay; and/or
• List each creditor W ife should pay.
Note: If both of you are going to pay a part of the sam e debt, also put in the am ount each of you
should pay.
11. Debts Incurred Since Separation. If the Decree should order that e\
ach party will assum e any
debt incurred by them after the separation date, check the box and write in the date you stop\
ped
living together.
12. Nam e Change. If either party wants to stop using the last nam e of the spouse and go back to using
their form er last nam e (any nam e legally used), f ill in the nam e of the person wanting the nam e change
and f ill in the f orm er last nam e. (Accurate spelling is very im portant.)
Leave the date blank. The judge will fill in th e date when s/he signs the Decree of Divorce.
Clerk’s certif icate of service: Fill in nam e, m ailing address, city, state and zip code f or Husband and
W ife. Leave the date blank. The clerk will fill it in when s/he signs th\
e certificate.
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 3
Exhibits: Attach the Parenting Pl an to the Decree. If you have listed property on “Exhibits C” and\
/or
“D”, they m ust also be attached to the Decree.
Make three m ore copies of the Decree (total of 4) with all the Exhibits attached. \
CONTINUE TO FOLLOW INSTRUCTION NO. 5 TO FINALIZE YOUR DIVORCE.
REMEMBER TO REMOVE THESE INSTRUCTI ONS BEFORE SUBMI TTING THE DECREE TO
THE COURT!
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 4
______________________________________
Full Name of Party Submitting This Document
Mailing Address (Street or Post Office Box)
City , State and Zip Code
Telephone Number
IN THE DISTRICT COURT OF THE ___________________ JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________________
_____________________________________,
Plaintiff,
vs .
_____________________________________,
Defendant.
Case No.: __________________________
DECREE OF DIVORCE
This matter came before the court on the ________ day of _______________\
________,
_________. It appears from the records and files of this action that a \
Complaint was filed and
served upon the Defendant.
[ ] Twenty (20) days have passed; the Defendant is not in the arme\
d services of the
United States of America and is not a minor nor an incompetent. A Defau\
lt has been entered.
or
[ ] Defendant and Plaintiff have agreed and signed a written stipula\
tion to the entry of
this Decree.
It appears that the allegations of the Plaintiff's Complaint are sustain\
ed and the Plaintiff
is and was a bona fide resident of the State of Idaho and has been a res\
ident for more than six
(6) weeks preceding the commencement of this action.
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 1
The parties are the parents of the following child/ren , who is/are under the age of 18
years, or 19 years and still pursuing a high school education :
Name \
Date of Birth
__________________________________________________ _____________________\
__
__________________________________________________ _____________________\
__
__________________________________________________ _____________________\
__
__________________________________________________ _____________________\
__
__________________________________________________ _____________________\
__
The court has jurisdiction to determine custody of the minor child/ren p\
ursuant to the
Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code Secti\
on 32-11-101, et
seq. because Idaho was the home state of the minor child/ren on the date\
of filing the
Complaint.
The court has jurisdiction to determine child support.
IT IS HEREBY ORDERED AND DECREED:
1. The bonds of matrimony now existing between the Plaintiff and the Defe\
ndant are
dissolved on the grounds of irreconcilable differences, and the Plaintif\
f is awarded an absolute
decree of divorce from the Defendant.
2. Custody .
A. Legal Custody.
[ ] Both parents are awarded joint legal custody of their minor chil\
d/ren. or
[ ] ____________________________ is awarded sole legal custody of th\
eir
child/ren.
B. Physical Custody .
[ ] Both parents are awarded joint physical custody of their child/r\
en on the
terms and according to the Parenting Plan which is attached as “Exhib\
it A”. or
[ ] _________________________ is awarded sole physical custody of th\
eir
minor child/ren.
____________________________ shall have time with the child/ren
[ ] as follows:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________. \
or
[ ] in accordance with the Parenting Plan attached as “Exhibit A”\
.
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 2
3. Child Support.
[ ] Child support has already been set in Case No. _________________\
________,
entered in _________________ County, State of ____________________, on (\
month/day/year)
______________________________. or
[ ] Child support shall be paid by __________________________ in the\
total amount
of $______________ per month. The total amount includes:
Base child support in the amount of: $__________
plus or minus a pro rata share of
[ ] Work-related childcare expenses $__________
[ ] Medical, dental, +/or optical Insurance premiums allocated in th\
e amount of: $__________
[ ] Tax benefits allocated in the amount of: $__________
Payments shall begin on the 20th day of the month after the Decree of Di\
vorce is signed
and shall continue to be paid on the 20th day of each following month un\
til the child/ren reaches
the age of eighteen or nineteen for the child who is still pursuing a hi\
gh school education.
Payment shall be made payable to the Department of Health and Welfare an\
d sent to: Idaho
Child Support Receipting, P.O. Box 70008, Boise, ID 83707-0108.
[ ] The parents have more than one minor child. If this child supp\
ort order has not
been modified, when one child is no longer entitled to support, child su\
pport for the remaining
children shall continue in the total amount of $___________ per month; w\
hen two children are
no longer entitled to support, child support for the remaining child/ren\
shall continue in the total
amount of $____________ per month; when three children are no longer ent\
itled to support,
child support for the remaining child shall continue in the total amount\
of $____________ per
month.
[ ] Extended Visits: Our child/ren live/s in the home of one parent at least 75% of the
time.
[ ] 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 shall b\
e reduced for that period
of time; however, visitation of two overnights or less with the other parent will not eliminate the
reduction of base child support during extended visits. The child support reduction for t\
he period
of the actual physical custody shall be [ ] 50% or [ ]_______% of the base child support
obligation. The reduction shall be subtracted from the child support payment due the next month.
[ ] If the parent paying child support has physical custody of some \
but not all of
the children for 14 overnights in a row, before a reduction is made, the\
base child support
obligation shall first be divided by the number of children under eighte\
en (18) years of age. The
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 3
reduction for the paying parent shall only apply to the base child suppo\
rt thus allocated to the
children in that parent's custody.
(Example: Parent has 3 of 4 children for 14 overnights. $300/mo. base \
support payment divided
by 4 children = $75 per child per month divided by 30 = $2.50 per day p\
er child x 14 = $35.00 x 3
for 3 children = $105.00. Reduction = 50% of $105 or $52.50.)
NOTICES
According to Chapter 12, Title 32, Idaho Code, this Child Support Order is
immediately enforceable through income withholding. Income withholding shall be
enforced by a Withholding Order issued to the paying parent’s employer without
additional notice to the paying parent. A stat ewide lien on all real and personal property
of the paying parent will arise automatically if child support is past due in an 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.
4. Medical Insurance.
[ ] is/are currently providing health
insurance for the minor child/ren and shall continue to do so, so long a\
s 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 t\
o obtain group health
insurance through employment shall do so. or
[ ] Neither parent is currently providing health insurance for the chi\
ld/ren. The parent
first reasonably able to obtain group health insurance through employmen\
t shall do so. or
[ ] The child/ren participate in the Children’s Health Insurance Pr\
ogram. The parent
first reasonably able to obtain group health insurance through employmen\
t shall do so.
[ ] The total child support amount does not include any actual cost pa\
id by either parent
for health insurance premiums for the child/ren. That cost, whether bei\
ng paid now or incurred
in the future, should be prorated between the parents in proportion to t\
heir Guidelines income.
Father should pay __________% and Mother should pay _________%. The pay\
ment should
be in addition to the base child support award and promptly paid directl\
y between the parents.
[ ] Where medical insurance is provided, each parent is ordered to pro\
vide the other
with all medical insurance information necessary to obtain health care f\
or the child/ren.
Insurance proceeds shall be applied first to unpaid medical bills and th\
en to reimburse the
paying parent for any prepaid medical costs. Both parents shall sign any needed document that
provides continuing health care for their child/ren.
Notice
Failure to provide medical insurance coverage may result in the direct e\
nforcement of a
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 4
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.
5. Health Care Costs Not Paid by Insurance . The actual cost paid by either parent for
health care expenses for the child/ren not covered or paid in full by in\
surance, including, but not
limited to orthodontic, optical and dental, shall be prorated between th\
e parents. ______ %
shall be paid by Father and _______ % shall be paid by Mother. These pa\
yments shall be in
addition to the child support award and be promptly paid directly betwee\
n the parents.
Any claimed health care expense for the child/ren (whether denominated \
as psychiatric,
psychological, special education, addiction treatment or counseling in a\
ny form, and including
regular medical or dental care), whether or not covered by insurance, t\
hat would result in an
actual out-of-pocket expense of over $500 to the parent who did not incu\
r or consent to the
expense, shall be approved in advance, in writing, by both parents or by prior court order.
Relief may be granted by the court for failure to comply under extraordi\
nary circumstances, and
the court may in its discretion apportion the incurred expense in some p\
ercentage other than
that specified herein and, in so doing, may consider whether consent was\
unreasonably
requested or withheld.
6. W ork-Related Child Care Costs.
The total child support amount does not include work-related child care \
costs. The
actual net out-of-pocket costs for work-related child care shall be paid\
: ______% by Father and
_____% by Mother. [ ] Payment shall be made di rectly to the child care provider by both
parents according to arrangements made with the care provider.
If one parent pays the child care provider any portion of the other pare\
nt’s share of
costs, the non-paying parent shall reimburse t he paying parent within 10 days after the paying
parent provides a copy of the invoice and receipt for the payment.
7. Income Tax Exemption. The state and federal dependency tax exemption(s) for the
parties’ minor child/ren is/are assigned as follows:
________________________________________________________________________\
_____
________________________________________________________________________\
____
________________________________________________________________________\
_____.
The parent not receiving the exemption(s) shall si gn the required Internal Revenue Service form(s)
to release the claim to the exemption(s).
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 5
8. Separate Property. (Land and/or Personal Property)
[ ] None.
[ ] The separate property listed on the attached “Exhibit C” is \
confirmed as the
Husband’s separate property. Wife is ordered to return to Husband an\
y such property in Wife’s
possession.
[ ] The separate property listed on the attached “Exhibit D” is \
confirmed as the Wife’s
separate property. Husband is ordered to return to Wife any such proper\
ty in Husband’s
possession.
9. Community Real Property .
[ ] None.
[ ] The Husband and Wife have a community interest in real property, l\
ocated at
______
_______________________________________ in the City of
__________________________, County of ____________________, State of Ida\
ho, and
described in the deed as follows:
________________________________________________________________________\
____
________________________________________________________________________\
___.
The real property described above:
[ ] 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 o\
rdered to convey
his interest in the property to the Wife when she pays him $____________\
______ for his share
of the equity in the property. or
[ ] is awarded to the Husband, subject to any liens, and the Wife is o\
rdered to convey
her interest in the property to the Husband when he pays her $__________\
_________ for her
share of the equity in the property. or
[ ] __________________________________________________________________\
_
________________________________________________________________________\
____
________________________________________________________________________\
____
________________________________________________________________________\
____
________________________________________________________________________\
____
10. The Community Personal Property of the parties is divided and awarded as
follows:
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 6
[ ] No community personal property. or
[ ] Each party is awarded the communi ty personal property now in his or her
possession.
[ ] The property listed in the attached “Exhibit C” is awarded t\
o the Husband as his sole
and separate property.
[ ] The property described in the attached “Exhibit D” is awarde\
d to the Wife as her sole
and separate property.
Each party is ordered to deliver to the other any of the community personal property
currently in his/her possession that is awarded to the other party, and \
the parties shall execute
and deliver any documents necessary to effectuate the property division.
11. Debts.
The Husband is ordered to pay the following debts as or before they beco\
me due and
hold the Wife harmless for any further liability concerning these debts:\
(list each creditor)
The Wife is ordered to pay the following debts as or before they become \
due and hold
the Husband harmless for any further liability concerning these debts: \
(list each creditor)
12. Debts Incurred Since Separation. [ ] Each party shall assume any debt incurred
by that party since ________________________, the date of the parties’\
separation. Each
party is ordered to pay those debts as or bef ore they become due and to hold the other party
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 7
harmless for any liability concerning those debts.
13. Name Change. [ ] _________________________________ is restored to the
former last name of ________________________________________.
Date: _________________________ ___________________________________
Magistrate Judge
CLERK’S CERTIFICATE OF SERVICE
I certify that a copy of the Decree of Divorce was served:
To:
____________________________________________
(Name) [ ] By Hand-delivery
____________________________________________ [ ] By Mailing
(Address) [ ] By fax to (number) ____________
____________________________________________
(City , State and Z ip)
To:
____________________________________________
(Name) [ ] By Hand-delivery
____________________________________________ [ ] By Mailing
(Address) [ ] By fax to (number) ____________
____________________________________________
(City , State and Z ip)
Date: ____________________________ ___________________________________
Deputy Clerk of the District Court
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 8
REMOVE THIS PAGE AND
Attach and Mark as “EXHIBIT A”
PARENTING PLAN
Attach “EXHIBIT C”
HUSBAND’S PROPERTY – if y ou are using it
Attach “EXHIBIT D”
WIFE’S PROPERTY - if y ou are using it
DECREE OF DIVORCE CAO 8-1 Revised 5/20/05 PAGE 9
HUSBA ND’S SEPA RA TE PROPERTY (Describ e each item, in clu ding a leg al descrip tion for real p roperty)
PERSONA L COMMUNITY PROPERTY IN HUSBA ND’S POSSESSION TO BE A WARDED TO HUSBA ND (Describ e each item)
PERSONA L COMMUNITY PROPERTY IN WIFE’S POSSESSION TO BE A WARDED TO HUSBA ND (Describ e each item)
____ ____________
Initials Date EXHIBIT C
WIFE’S SEPA RA TE PROPERTY (Describ e each item, in clu ding a leg al descrip tion for real p roperty)
PERSONA L COMMUNITY PROPERTY IN WIFE’S POSSESSION TO BE A WARDED TO WIFE (Describ e each item)
PERSONA L COMMUNITY PROPERTY IN HUSBA ND’S POSSESSION TO BE A WARDED TO WIFE (Describ e each item)
______ ____________
Initials Date EXHIBIT D
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