Modifying Child Support After Job Loss, Disability or Incarceration in Idaho

By the FigureMyTax Editorial Team · How we calculate

Idaho child support does not drop on its own after a job loss or incarceration. File a motion promptly, because only installments after it can change, and incarceration may not be treated as voluntary unemployment.

Can you lower child support after a job loss in Idaho?

Yes, by motion, if the loss is a substantial and material change. Only installments accruing after the motion can change (Idaho Code 32-709(1)), so file as soon as you lose the job. Unemployment insurance benefits and disability benefits count as gross income under the Guidelines (Rule 126(e)).

Will Idaho use potential income if you lose or leave a job?

If a parent is voluntarily unemployed or underemployed, support is based on gross potential income, except that potential income should not be included for a parent who is physically or mentally incapacitated. A parent is not deemed underemployed if gainfully employed full-time in the same or similar occupation for more than six months before the filing; on post-judgment motions the six months run from the date the motion is filed (Rule 126).

Can Idaho child support be lowered while incarcerated?

Incarceration may not be treated as voluntary unemployment in establishing or modifying support orders (Rule 126; 45 CFR 302.56(c)(3)). That means the court should not impute pre-prison wages simply because the parent is not working, but the order does not change on its own: you have to file the motion, and only installments after it can change.

What if income is very low?

Where the paying parent’s monthly income is below $800 the court should carefully review incomes and living expenses to determine the maximum support that can be ordered without denying a minimum subsistence level, and there is a rebuttable presumption of at least $50 a month per child. The obligation should rarely be set at zero.

Does a job loss end income withholding?

No. The withholding order stays in place until the court changes it. After 12 consecutive months of withholding with the obligation current, the court may terminate it on the obligor’s motion unless the other parent shows good cause (32-1215(3)).

What counts as income after a job loss?

Unemployment insurance benefits, workers’ compensation benefits and disability insurance benefits are gross income under the Guidelines, so a parent who loses a job but collects benefits still has income for the calculation (Rule 126(e)). Severance is also income from salary or wages. The guideline amount after the change is the number to compare with your order.

What proof helps?

Does a lower order apply to what you already owe?

No. Only installments accruing after the motion can change (32-709(1)), so a job loss in January and a motion in July leaves six months of the old amount due. That is why the first step is always to file.

What should you do first?

1. File the motion now and serve the other parent.
2. Keep paying what you can: unpaid support stays owed (see how long arrears last).
3. See the gap in the Idaho child support modification calculator.

Frequently asked questions

Official sources

• Idaho Code 32-709: modification of support
• Idaho Code 32-706: child support; guidelines presumption
• Idaho Rules of Family Law Procedure, Rule 126: Idaho Child Support Guidelines
• Idaho Code 32-1204: income withholding
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.