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Divorce Complaint [file: complaint

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Divorce Complaint [file: complaint
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Completing CAO 13-5 Complaint for Paternity, Custody, Visitation or Support

2/25/2005

[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.

These instructions are not a substitute for legal advice. The laws and court rules are complex 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, you may be

able to find a lawyer to review your paperwork or 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. Contact the Court Assistance Office for information about resources for

low-income people.



YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE

COMPLAINT, KNOW WHAT IT SAYS, AND BELIEVE IT’S TRUE. TO GUARANTEE THE

TRUTHFULNESS OF THAT STATEMENT, BE SURE TO READ THE ENTIRE

COMPLETED FORM.



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 don’t need and renumber the remaining

sections, or type in “none” if a section doesn’t apply. The documents have a boldface “or” at the

start of optional sections. 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 your full legal name, mailing address and telephone

number.



The Court Heading. Fill in the county and judicial district in capital letters (for example, “IN THE

DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF

KOOTENAI”).



The Caption. Fill in your full legal name on the line above Plaintiff and the other parent’s full legal

name on the line above Defendant.



The Case No. The case number will be assigned by court personnel when you file the Complaint.

You should write in the case number on all other documents.





COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 1

CAO 13-5 Revised 2/25/2005

The Court Heading, Caption and Case Number will be the same on all other documents you

prepare for this case.



The Name of the Document. Check the boxes to indicate the orders you want.



1. Minor Child/ren of the Parties.

 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. WARNING: If any of your children have not resided in Idaho

for at least six uninterrupted months before the filing of the Complaint (or for their entire lives

if they are less than six months of age), the Idaho court may lack authority (“jurisdiction”) to

determine custody of that child. In that event you should consult an attorney to determine if

there may be other grounds for jurisdiction and venue under Idaho’s laws.

 Check the first box if paternity has NOT been established. or

 Check the second box if an Order of Filiation (a court order stating the name of the father) has

been signed by a judge in some other court case (this may be a Child Support Order filed by the

Department of Health & Welfare).

o Fill in the state, county and case number of that order and fill in the name of the father.

o Make a copy of that order, mark the copy as Exhibit C at the bottom of the first page of the

order and staple it to your Complaint. or

 Check the third box if both parents have signed a verified Voluntary Acknowledgement of

Paternity for the child/ren. A Voluntary Acknowledgement of Paternity cannot be

rescinded after the Complaint is filed.

o Make a copy of the Voluntary Acknowledgement for each child.

o Mark the copy as Exhibit C at the bottom of the first page of the Acknowledgment and

staple it to your Complaint.



2. The Parties. Fill in the city, county and state where each parent lives and check the box to

indicate if you, the Plaintiff, are the mother or father and if the Defendant is the mother or father.



3. Jurisdiction to Establish Paternity. If you did not check either the second or third box in Section

2, you need to obtain a court order to establish the paternity (father) of your child/ren.

 Check the box(es) that apply to your situation. WARNING: If none of the statements apply to

your situation, the Idaho court may lack authority (“jurisdiction”) to determine paternity of

the child/ren. In that event you should talk to an attorney to determine if there may be other

grounds for jurisdiction and venue under Idaho’s laws. The court cannot order custody or

support for the child/ren until paternity has been established.



4. Venue. This is your statement that this county is the correct place to file the Complaint.



5. Jurisdiction. This is your statement that each child has resided in Idaho for at least the past 6

uninterrupted months. Additionally, you are required to inform the court if there have been any

other cases involving your child/ren in any court or if there are any other people claiming custody

or visitation rights with the child/ren.

In paragraphs 5a, b, c and d, select the appropriate check box and provide all requested



COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 2

CAO 13-5 Revised 2/25/2005

information.



6. Paternity. If you want the court to enter a paternity order, check the box and fill in the father’s

name.



7. 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 child/ren.

The court will order joint legal custody unless you can prove it would not be in the best interest of

the minor child/ren for the other parent to have decision-making rights.

 Check the first box if both parents are fit persons to have decision-making rights,

responsibilities and authority relating to the health, education and general welfare of the

child/ren. or

 Check the second box if you are declaring that one parent should have 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.



8. Physical Custody. "Joint physical custody" means each parent has frequent and continuing

contact with the child/ren. With joint physical custody each parent has significant periods of time

in which a child resides with or is under his/her care and supervision. The parenting time is not

necessarily 50/50, and the child/ren does not necessarily alternate back and forth between the

parents. “The court will award joint physical custody unless you can prove it would not be in the

best interest of the minor child/ren to spend time with each parent on a regular basis.

 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 the Parenting Plan and

attach it to the Complaint. IMPORTANT: The Parenting Plan must be attached to make it

a part of the Complaint. Make an extra copy of the Parenting Plan to attach to the Custody

Order. or

 Check the second box if you are asking the court to give sole physical custody of the child/ren

to only one parent, and

o Write in the name of the parent who should be given sole physical custody and

o State why the other parent should NOT be given periods of time when the child resides 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.



9. Child Support.

If there is already an order signed by a judge, for example in a case filed by the Department of

Health & Welfare, check the first box, make a copy of that Order, mark it as Exhibit B and attach

it to this Complaint.

If there is already a Child Support Order and a change in circumstances will cause the child support

amount to be changed, also check the box to select the next paragraph, and check all boxes



COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 3

CAO 13-5 Revised 2/25/2005

describing what has changed since the last order.

and/or

If there is NOT a Child Support Order, or the current child support amount needs to be changed,

check the next box.

You will first need to complete an Affidavit Verifying Income and a Child Support Worksheet. A

Court Assistance Officer will be able to help you generate these documents if you provide the

required information. The Child Support Worksheet will be used to complete this section.

 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). Adjustments may include a pro rata

sharing of work-related childcare, medical, dental, and/or optical insurance premiums, and/or

tax benefits. Note: Section 8 of the Idaho Child Support Guidelines addresses these

adjustments.

o Fill in the Base Amount of child support.

o Check the appropriate boxes and fill in the amount of any adjustments.

 If you have more than one minor child, check the box. You will need to have a separate

calculation to reflect the changed 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.

 Attach your Affidavit Verifying Income and Support Worksheet(s) to the Complaint, marking

each as Exhibit B.



Extended Visits. If the child/ren lives in the home of one parent at least 75% of the time, you can

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)

of the Idaho Rules of Civil Procedure, describe “Shared Physical Custody” and computation of

child support with that parenting arrangement. You can get a copy of the Child Support Guidelines

from a Court Assistance Office 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.



WARNING: If you are the parent paying child support (the “obligor”) you should be

aware the Order will provide for collection of child support from your wages and from your real

estate or personal property. The Order will also provide that if you move to another state, the

child support can be enforced directly by courts in 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 business, occupation or profession, operate a motor vehicle,

carry a concealed weapon, or 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.



10. Medical Insurance. Check the first box if there is no change and complete the blanks. If there



COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 4

CAO 13-5 Revised 2/25/2005

is change, check the second, third or fourth box to indicate how health insurance coverage for the

child/ren is now being provided. If you selected the second paragraph, write in the name of the

parent(s) currently providing health insurance. In the fifth paragraph, if health insurance premiums

are NOT included in the calculation of child support, 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).



11. Health Care Costs Not Paid by Insurance. Check the first box if there is no change and

complete the blanks. If there is change, check the second box and write in the percentage to be paid

by each parent. Idaho's Child Support Guidelines presume a sharing in proportion to your

Guidelines income.



12. Work-related Child Care Costs. Check the first box if there is no change and complete the

blanks. If there is change, check the second box and

 Fill in the percentages each parent will pay.

 Check the box if both parents will pay the care provider directly.



13. Income Tax Exemption. Check the first box if there is no change. If there is change, check the

second box and write in the blank the name of the parent who will claim each child as a dependent

on their income tax return(s). Note: The child support calculation must reflect the same

designation.



14. Name Change. If you want to change the legal last name of the child/ren, mark the box and

write in the last name as it should be. (Accurate spelling is very important.)



15. Amend Birth Certificate. If your child/ren’s birth certificate(s) do/does not include the name

of the father, the Bureau of Vital Statistics in the state where your child/ren was/were born will add

the father’s name to the birth certificate(s).



Date and Signature: Leave the spaces for the State and County blank. Go to an office where there’s

a Notary. Have the notary fill in the spaces. Sign the Complaint in front of the Notary and have

your signature notarized.



Exhibits (attachments):

 Complete the Parenting Plan. Mark it as Exhibit A.

 Exhibit B will be either a copy of the Child Support Order already in effect or the Affidavit

Verifying Income and Child Support Worksheet(s).

 If paternity has already been established, Exhibit C will be either a copy of the Order of

Filiation entered in another court case (if this is the same order as the Child Support Order –

Exhibit B – just mark it as Exhibit B and C, you don’t need to attach two copies) or a copy of

the Voluntary Acknowledgement(s) of Paternity.



The Order you will be preparing will have the same Parenting Plan, Child Support Order and Order

of Filiation. Make an extra copy of these Exhibits so you will have them to attach to the Order.



COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 5

CAO 13-5 Revised 2/25/2005

The exhibits must be stapled to the Complaint (and all copies you are required to make).



Make two more copies of the Complaint with Exhibits attached, one copy for each party.

(Continue to read the general Instructions on Filing for Custody to file and serve your Complaint.)









COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 6

CAO 13-5 Revised 2/25/2005

Full Name of Party Filing 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







_____________________________________, Case No. __________________________



Plaintiff, COMPLAINT FOR [ ] PATERNITY

[ ] CUSTODY, VISITATION

[ ] SUPPORT

vs.



_____________________________________, Fee Category:

Filing Fee $

Defendant.





The Plaintiff says:

1. Minor Children 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 Addresses for last five years (city & state)

(Beginning with most recent)









[ ] Paternity has not been established. or

[ ] An Order of Filiation was entered in the State of ______________________, County of

______________, in Case No. __________________________, establishing that

__________________________________ is the natural father of the child/ren. A copy of the





COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 1

CAO 13-5 Revised 2/25/2005

Order is attached to this Complaint as Exhibit C. or

[ ] A verified Voluntary Acknowledgement of Paternity for the child/ren, executed by both

parents, was filed with the Vital Statistics Unit of the Department of Health and Welfare and has

not been rescinded. A copy of the Voluntary Acknowledgment of Paternity for each child is

attached as "Exhibit C".

2. The Parties. Plaintiff is the [ ] mother [ ] father and resides at (city, county, state)

. Defendant is the [ ] mother

[ ] father and resides at (city, county, state)

. The parties are not now married and have not been

married to each other.

3. Jurisdiction to Establish Paternity, Order Support and Determine Custody. This

court has jurisdiction to establish paternity, order support and determine custody in this matter

pursuant to Idaho Code Section 7-1102 because:

[ ] The father resides in Idaho. or

[ ] The father resided with the parties’ child/ren in Idaho. or

[ ] The parties’ child/ren reside/s in Idaho as a result of the acts or directives of the

father. or

[ ] Although the father resides outside of the State of Idaho, the parties’ child/ren

was/were conceived in Idaho.

4. Venue. Venue is proper because this county is either where the child/ren was/were

conceived or born or reside/s or the county where the mother or father resides.

5. UCCJEA Jurisdiction. This court has jurisdiction to determine custody of our child/ren

pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code

§ 32-11-101, et seq., because each child has resided in Idaho for at least six consecutive months

before the filing of this Complaint or for their entire life if they are less than six months of age.

a. [ ] I have not participated as a party or witness, in any other case involving our

child/ren. or

[ ] I have participated as a party or witness in the following case involving our children

(provide all specifics including the parent’s name, the state, the court, the case number and the date of the child

custody order, if any):

.

b. [ ] I do not know of any other case that could affect our child/ren. or

[ ] I know of the following court case that could affect our child/ren (provide all specifics

including the parent’s name, the state, the court, the case number and the nature of the proceeding):



COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 2

CAO 13-5 Revised 2/25/2005

.

c. [ ] Other than the parents, no one claims custody or visitation rights with our

child/ren. or

[ ] In addition to the parents, the following person/s claim custody or visitation for our

child/ren (list names and addresses):

d. [ ] Our child/ren live(s) only with both parents. or

[ ] If our child/ren lives(s) with someone other than a parent, the name(s) and present

address(es) of the person(s) with whom our child/ren live(s) is/are:





.



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)):

____________________________________________________________________________

___________________________________________________________________________.

b. I know of the following court case(s) that could affect our child/ren (provide all specifics

including the court, the case number, the type of case and the date of any order(s). If the order is for child support

attach (staple) a copy):



__________________________________________________________________

___________________________________________________________________________.

c. In addition to the parents, the following person(s) claims custody or visitation for

our child/ren (list those persons’ names and addresses): ________________________________

___________________________________________________________________________.

d. If our child/ren live(s) with someone other than a parent, the name(s) and present

address(es) of the person(s) with whom our child/ren live(s) is/are:

___________________________________________________________________________

___________________________________________________________________________.









COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 3

CAO 13-5 Revised 2/25/2005

6. [ ] Paternity. The court should enter an order that (name of father)

_____________________________________________ is the natural father of the child/ren

named in paragraph 1 of this Complaint.

7. Legal Custody.

[ ] Both parties are fit persons to act as parents. It is in the best interest of our child/ren

that we be given joint legal custody. or

[ ] It is in the best interest of our child/ren that _______________________________

be given sole legal custody because

__________________________________________________

____________________________________________________________________________

___________________________________________________________________________.

8. Physical Custody.

[ ] It is in the best interest of our child/ren that we be given joint physical custody on the

terms and according to the Parenting Plan, which is attached as Exhibit A. or

[ ] _____________________________ should be given sole physical custody of our

child/ren because ______________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

___________________________________________________________________________.

[ ] ____________________________ should spend time with our child/ren

as follows: ___________________________________________________________________

____________________________________________________________________________

___________________________________________________________________________.

9. Child Support. The court has jurisdiction to set child support as set forth in Title 32,

Chapter 7, Idaho Code.

[ ] Child support has already been set, as shown by the attached Order, Exhibit B.

[ ] Because there has been a substantial and material change in circumstances since

the date of that order, the amount of child support should be changed. The following changes

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





COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 4

CAO 13-5 Revised 2/25/2005

[ ] Child support should be paid by ______________________ in the total amount of

$__________ per month, based on the Idaho Child Support Guidelines, according to the Affidavit

Verifying Income and Child Support Worksheet(s) attached as "Exhibit B". The total amount

includes: Base child support in the amount of: $__________

[ ] Work-related childcare expenses in the amount of $__________

[ ] Medical, dental and/or optical insurance premiums allocated in the amount of $__________

[ ] Tax benefits allocated in the amount of $__________



Child support payments should begin on the __________ day of the month after the

Custody Order is signed and continue to be paid on the ____________ day of each following

month until the child/ren reaches the age of eighteen (18). 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) years, 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.

[ ] 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 continue in the total amount of $___________ per month; when two children are no longer

entitled to support, child support for the remaining child/ren should continue in the total amount of

$____________ per month; when three children are no longer entitled to support, child support for

the remaining child should continue in the total amount of $____________ per month.

[ ] Extended Visits: The 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

fourteen (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 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 obligation. The reduction should 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 a period of fourteen (14) overnights in a row, before a reduction is made, the

base child support obligation should first be divided by the number of children under eighteen







COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 5

CAO 13-5 Revised 2/25/2005

(18) years of age. The reduction for the paying parent should only apply to the base child

support 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 per 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 statewide 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.



10. Medical Insurance.



[ ] Medical Insurance already been set, as shown by the attached Order, Exhibit B.

or

[ ] is/are currently providing health

insurance for the minor child/ren and should continue to do so, so long as 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 to obtain group health insurance through

employment should do so. or

[ ] Neither parent is currently providing health insurance for the child/ren. The parent

first reasonably able to obtain group health insurance through employment should do so. or

[ ] The child/ren participate in the Children’s Health Insurance Program. The parent

first reasonably able to obtain group health insurance through employment should do so. and/or

[ ] The total child support amount does not include any actual cost paid by either parent

for health insurance premiums for the child/ren. That cost, whether being paid now or incurred in

the future, should be prorated between the parents in proportion to their Guidelines income.

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.

Where medical insurance is provided, each parent should be ordered to provide the other

with all medical insurance information necessary to obtain health care and process insurance

claims for the child/ren. Insurance proceeds should be applied first to unpaid medical bills and

then to reimburse the paying parent for any prepaid medical costs. Both parents should be





COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 6

CAO 13-5 Revised 2/25/2005

ordered to sign any needed document that provides continuing health care for the child/ren.

Notice

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

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.



11. Health Care Costs Not Paid by Insurance.

[ ] Health care costs sharing has already been set, as shown by the attached Order,

Exhibit B. or

[ ] The actual cost paid by either parent for health care expenses for the child/ren not

covered or paid in full by insurance, including, but not limited to orthodontic, optical and 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.

Any health care for the child/ren (whether denominated as psychiatric, psychological,

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-of-pocket

expense of over $500 to the parent who did not incur or consent to the expense, must be approved

in advance, in writing, by both parents or by prior court order. (Note: The court may consider

whether consent for out-of-pocket expenses in excess of $500 was unreasonably requested or

withheld and order payment of the incurred expense in some percentage other than the

Guidelines income.)

12. Work-related Child Care Costs.

[ ] Work-related child care costs sharing has already been set, as shown by the

attached Order, Exhibit B. or

[ ] 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 should be paid ______% by Father and

_____% by Mother.

[ ] Payment should be made directly 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 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.

COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 7

CAO 13-5 Revised 2/25/2005

13. Income Tax Exemption.

[ ] The Income Tax Exemption has already been set, as shown by the attached Order,

Exhibit B. or

[ ] The state and federal dependency tax exemption(s) for the parties’ minor child/ren

should be assigned as follows: ____________________________________________________

____________________________________________________________________________

_____________________________________________________________________________.

The parent not receiving the exemption(s) should sign the required Internal Revenue Service form(s)

to release the claim to the exemption(s).

14. Name Change.

[ ] For legal purposes the minor child/ren’s last name should be

___________________ and the child/ren’s birth certificate(s) should be amended to reflect that

name.

15. Amend Birth Certificate.

The Bureau of Vital Statistics should amend the birth certificate(s) of the child/ren to reflect

that _______________________________________is the natural father of our child/ren.

VERIFICATION: I swear I have read this Complaint and state that all facts included are

true.

WHEREFORE, I ask the Court to enter the orders requested above.



DATE , 20 .



Signature of Plaintiff



SUBSCRIBED AND SWORN to before me this day of ,

.



________________________________

Notary Public for Idaho

Residing at: ____________________

My Commission expires: ___________









COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT PAGE 8

CAO 13-5 Revised 2/25/2005

Remove this Page and

Attach (staple) Parenting Plan

and Mark as “EXHIBIT A”



Attach (staple) Child Support Order from Other Case

or Affidavit Verifying Income and Child Support Worksheet

and Mark as “EXHIBIT B”



Attach (staple) Order of Filiation from Other Case

and/or Voluntary Acknowledgment of Paternity

and Mark as “EXHIBIT C”









COMPLAINT FOR PATERNITY, CUSTODY, VISITATION OR SUPPORT

CAO 13-5 Revised 2/25/2005


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