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Old 09-23-2009, 03:36 AM
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Join Date: Sep 2009
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Idaho - Spousal Support - Complicated


What is the name of your state (only U.S. law)? Idaho

I will keep this as short and factual as possible.

Need to file divorce in Idaho. He abandoned me and our daughter 4 years ago. He cheated, neglected and abandoned. Divorce would be able to be considered at fault. Child Support will be ordered. I need to ask for spousal support.
Spousal support sought is as follows: Continuation on his medical and dental plan for a period of time (whatever the judge will allow). He has zero cost for me to be on the benefits, so there is no monetary value. I have ongoing minor medical issues that warrant the need for this (serious asthma, chronic ear problems, chronic bronchitis). What the clerk of the court has told me is that, though it is not common for Idaho to recognize an at-fault divorce it is done based on there being infidelity, willful abuse or willful abandonment (in this case 2 of 3 apply). She also stated that Idaho generally does not order spousal support, but in at-fault cases is it likely. However, I must have the wording legally proper. I have been unemployed for the last 10 months (worked in accounting/operations management for the last 16 years. I cannot afford to pay an attorney to do the divorce, yet my unemployment makes me ineligible to receive free or low cost legal aid. I need the proper wording for just this portion of the divorce, the rest I have been able to figure out myself. Thank you.
  #2  
Old 09-23-2009, 08:33 AM
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Join Date: Jan 2003
Posts: 19,145
Quote:
Originally Posted by ReneeWil View Post
What is the name of your state (only U.S. law)? Idaho

I will keep this as short and factual as possible.

Need to file divorce in Idaho. He abandoned me and our daughter 4 years ago. He cheated, neglected and abandoned. Divorce would be able to be considered at fault. Child Support will be ordered. I need to ask for spousal support.
Spousal support sought is as follows: Continuation on his medical and dental plan for a period of time (whatever the judge will allow). He has zero cost for me to be on the benefits, so there is no monetary value. I have ongoing minor medical issues that warrant the need for this (serious asthma, chronic ear problems, chronic bronchitis). What the clerk of the court has told me is that, though it is not common for Idaho to recognize an at-fault divorce it is done based on there being infidelity, willful abuse or willful abandonment (in this case 2 of 3 apply). She also stated that Idaho generally does not order spousal support, but in at-fault cases is it likely. However, I must have the wording legally proper. I have been unemployed for the last 10 months (worked in accounting/operations management for the last 16 years. I cannot afford to pay an attorney to do the divorce, yet my unemployment makes me ineligible to receive free or low cost legal aid. I need the proper wording for just this portion of the divorce, the rest I have been able to figure out myself. Thank you.
How long was the marriage? What is his income situation?

Many employers will limit the length of time an ex spouse can stay on their employer plan.
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