Can Custody or Child Support be Changed?

Once child custody and child support are established in Idaho, are they set in stone until your child reaches 18? The simple answer is no, they are not. Under Idaho law, both child custody and child support can be changed if there has been a substantial and material change of circumstances. ¹

Who Decides Whether There Has Been a Substantial and Material Change of Circumstances? #

Although you or the other parent might think that there has been a significant change in circumstances, the judge might have a different opinion. The judge has the legal responsibility and authority to decide whether there has been a substantial and material change of circumstances. Changes in circumstances that might warrant a modification of custody or support can include remarriage, change in employment or employability, relocation, physical or mental health issues, etc.

Modification of Child Support #

Once a substantial and material change of circumstances has been established, the Idaho Child Support Guidelines² are applied to determine who pays child support and how much they must pay.

Modification of Child Custody #

For a change in child custody there is an additional, and arguably more important element: modification must be in the best interests of the child.³ The judge must consider all relevant factors to determine whether modifying custody is in the child’s best interests.⁴ Even if there has been a substantial and material change of circumstances, the judge has the discretion, based on a review of the evidence, to determine that changing the custody arrangement is not what is best for the child.

Fact Dependent #

There is no simple formula that automatically qualifies you for a change of custody or child support. The questions of substantial and material change of circumstances and best interests of the child are heavily fact dependent, and the judge must consider the unique circumstances of each case.

If you have questions about whether your situation qualifies for a change of child custody or child support, please consult with a competent family law attorney.

1. Idaho Code Section 32-709; Woods v. Woods, 163 Idaho 904, 906, 422 P.3d 1110, 1112 (2018) ↩︎
2. Rule 120 of the Idaho Rules of Family Law Procedure ↩︎
3. Poesy v. Bunney , 98 Idaho 258, 261–62, 561 P.2d 400, 403–04 (1977) ) ↩︎
4. Idaho Code Section 32-717 ↩︎