- posted: Oct. 24, 2013
Effective January 1, 2013 the Fourth Judicial District of Idaho implemented the Idaho Rules of Family Law Procedure (I.R.F.L.P.). The I.R.F.L.P. are a pilot project of the Idaho Supreme Court for the Fourth Judicial District, including Ada, Boise, Elmore and Valley Counties. These rules apply ONLY to family law cases filed in the Fourth Judicial District on or after January 1, 2013, including divorce, child support, child custody, paternity, proceedings related to Domestic Violence Crime Prevention Act, and all proceedings, judgments or decrees related to the modification or enforcement of such orders, except contempt. These pilot project rules do not apply to cases involving the Child Protection Act, Adoption, or Termination and Guardianship.
A complete copy of the I.R.F.L.P can be found here: https://www.isc.idaho.gov/rules/irflp/IRFLP_PilotProject_02.06.13.pdf
Included in the I.R.F.L.P. is the requirement that a Plaintiff and Defendant be called a Petitioner and Respondent. A Complaint for Divorce is now referred to as a Petition for Divorce. Pursuant to I.R.F.L.P. 401, mandatory disclosures are to be submitted to the opposing party no later than 35 days after the responsive pleading is filed. In a case involving the division of community property a party is required to disclose any and all community assets (real and personal property) with a value of over $100.00, provide copies of all deeds of trusts, purchase agreements, escrow documents, etc., copies of all bank statements for the previous six (6) months prior to the filing of the petition, proof of all income for the previous six (6) months prior to the filing of the petition, tax returns, copies of any bankruptcies filed, a list of all debts and a copy of all debt statements, and copies of credit card statements for the previous six (6) months prior to the filing of the petition. Pursuant to I.R.F.L.P. 401 and 504A.2, a party is required to submit an affidavit outlining his or her monthly income and reasonable monthly expenses.
In a case involving custody and/or child support a party is required to disclose proof of all medical, dental, and vision insurance premiums paid for the minor child(ren), proof of the cost of any child care expenses paid for the minor child(ren), proof of any expenses paid by the party for private or special schools or other education needs of the minor child(ren), and proof of any expenses paid by the party for the special needs of a gifted or handicapped child listed in the petition. All of this information must be disclosed 35 days after the responsive pleading is filed.
While the Fourth Judicial District court’s website has a few sample forms for mandatory disclosures this task can seem quite tedious and overwhelming for someone who has never been through the legal process and hiring an attorney who completely understands what is required will likely prove beneficial.