Form CAO GCSM1-1 "Petition to Modify an Order, Judgment, or Decree (Hw)" - Idaho

What Is Form CAO GCSM1-1?

This is a legal form that was released by the Idaho District Courts - a government authority operating within Idaho. Check the official instructions before completing and submitting the form.

Form Details:

  • Released on April 1, 2018;
  • The latest edition provided by the Idaho District Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form CAO GCSM1-1 by clicking the link below or browse more documents and templates provided by the Idaho District Courts.

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Download Form CAO GCSM1-1 "Petition to Modify an Order, Judgment, or Decree (Hw)" - Idaho

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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
Case No.
,
Petitioner,
PETITION TO MODIFY AN ORDER,
vs.
JUDGMENT, OR DECREE (HW)
Fee Category:
,
Filing Fee:
Respondent.
State of Idaho, Department of Health and Welfare
I,
, ask the court to enter
(your name)
a Judgment as permitted by Rule 201(C) of the Idaho Rules of Family Law Procedure,
modifying a previous Order, Judgment, or Decree 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 school
education, was/were born to or adopted by the parties:
Name
Date of Birth
Addresses for last 5 years
(city & state beginning with most recent)
2. I reside at
. The
(city, county, state)
other parent resides at
.
(city, county, state)
3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren
under the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11-
101, et seq.
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PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW)
PAGE
CAO GCSM 1-1 04/01/2018
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
Case No.
,
Petitioner,
PETITION TO MODIFY AN ORDER,
vs.
JUDGMENT, OR DECREE (HW)
Fee Category:
,
Filing Fee:
Respondent.
State of Idaho, Department of Health and Welfare
I,
, ask the court to enter
(your name)
a Judgment as permitted by Rule 201(C) of the Idaho Rules of Family Law Procedure,
modifying a previous Order, Judgment, or Decree 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 school
education, was/were born to or adopted by the parties:
Name
Date of Birth
Addresses for last 5 years
(city & state beginning with most recent)
2. I reside at
. The
(city, county, state)
other parent resides at
.
(city, county, state)
3. UCCJEA Jurisdiction. This court has jurisdiction to modify custody of our child/ren
under the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code § 32-11-
101, et seq.
1
PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW)
PAGE
CAO GCSM 1-1 04/01/2018
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):
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:
4. Child Custody.  No change. or
 There have been substantial and material changes with respect to child custody
since the date of the last Order, Judgment or Decree. The changes that justify a
modification are
(list the facts, events and details that have changed and explain why those changes are
.
significant enough to justify a modification)
I request the court modify the Order, Judgment or Decree entered
(date of last custody
as follows:
order, judgment or decree)
Legal Custody.  No change. or
a.
 Both parties are fit to act as parents. It is in the best interest of our child/ren that we
be awarded joint legal custody. or
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PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW)
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CAO GCSM 1-1 04/01/2018
 It is in the best interest of our child/ren that
be
awarded sole legal custody because
Physical Custody.  No change. or
b.
 It is in the best interest of our child/ren that we be awarded joint physical custody of
our child/ren as described in the Parenting Plan attached as Schedule A. or
should be awarded sole physical custody of our
child/ren because
should spend time with our child/ren
 as follows:
or
 As described in the Parenting Plan attached as Schedule A.
5. Child Support.
a. List all child support orders for any of the child/ren listed in Section 1.
Provide the following:
State
County
Court Case Number
Date of order,
judgment, or decree
b. Do you want to change the amount of child support?
 No. I ask for it to continue.
(If the order was from a different case please attach a copy of
that order, judgment, or decree as Schedule B, skip section 6, and sign at the end.)
 Yes. The amount of child support should be changed and the judgment issued by
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PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW)
PAGE
CAO GCSM 1-1 04/01/2018
this Court should control. (
If the order was from a different case you may have to file a Motion to
Consolidate to avoid having multiple child support orders.)
Section 6. Complete all of Section 6 below to change child support.
6. a. Reasons for Changing Child Support. The following substantial and material
changes since the date of the last Order, Judgment or Decree 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
b. New Child Support Amount.
 Child support should be paid by
(full name of parent who will pay support)
in the amount of $
per month, based on the Idaho Child Support Guidelines. This is based on the
Affidavit Verifying Income and Child Support Worksheet(s) attached as “Schedule
B”.
(see Recommended Adjusted support in the worksheet.)
or
 Instead I ask that child support should be paid by
(full name of parent who will pay
in the amount
support)
of $
per month, because:
(Attach Affidavit Verifying Income and Child Support Worksheet(s) as Schedule B.)
c. Effective Date and Duration.
Child support payments should begin
:
(select one option)
 the month after petition is filed. or
 the month after the Judgment is signed.
Child support should 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
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PETITION TO MODIFY AN ORDER, JUDGMENT, OR DECREE (HW)
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CAO GCSM 1-1 04/01/2018
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.
Notice
The court is required to order income withholding in all child support orders.
Income withholding is enforced by a withholding order issued to the paying parent’s
employer 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.
d. Multiple Children.
(if applicable)
 We have more than one minor child. If this child support judgment has not been
modified, when one child is no longer entitled to support, basic child support for the
remaining child/ren should continue and will be paid as described in the Continued
Support Worksheet attached as Schedule B.
e. 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 
% of the basic child support
(other percentage)
obligation. The reduction should 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
eighteen (18) years of age. The parent who pays child support can only claim a
reduction for the child/ren in that parent’s custody.
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.
f. Work-Related Childcare Expenses.
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