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Child Support while imprisioned
March 9, 2009 3:36pm
The Idaho Supreme Court has recently upheld a trial court's determination that order child support to be lowered to $0 during the pendency and sixty (60) days thereafter, and that either party should then move to modify the child support award.  MacKowiak v. Harris, _____ Idaho _____, (2009 Opinion 34, March 5, 2009). The appealing party in that case argued that the custodial parent it should not be her responsibility to move to modify child support after her exhusband was released from prision and that the child support should automatically revert to the prior child support. The court determined that even though the incarcerated party had not requested in his motion the relief that the child support should be modified at the end of the abatement period, it was the judge's descretion to determine the relief.  
Posted by Muriel M. Burke
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