Family Law - Ada County Clerk

(Please see https://adacounty.id.gov/clerk for the latest version of this information)

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Family Law

On this portion of the website, you will find the paperwork you need for many aspects of family law including how to file for a divorce, child custody, and proof paperwork has been served.

If you need additional information on how to navigate a family law issue or fill out the necessary paperwork, please visit our resources page.

Divorce

The divorce process consists of three parts – filing, serving and then finalizing. If you are not sure where to start, the instructions below can help explain the process.

Please make sure you are using the proper paperwork based on your family’s situation.

Instruction 1 Divorce (CAO D)
Instruction 1-1 Filing for Divorce (CAO D)

First Step – Filing for Divorce

Divorce Without Children
Family Law Case Information Sheet (CAO FL 1-1) PDF icon Word Icon
Petition for Divorce No Children (CAO D 1-6) PDF icon Word Icon
Summons (CAO FL 1-3) PDF icon Word Icon
Divorce With Children
Instruction 1-1 Filing for Divorce (CAO D) PDF icon Word Icon
Family Law Case Information Sheet (CAO FL 1-1) PDF icon Word Icon
Petition for Divorce with Children (CAO D 1-5) PDF icon Word Icon
Summons with Orders (CAO FL  1-3) PDF icon Word Icon
Affidavit Verifying Income Child Support (CAO FL 1-11) PDF icon Word Icon
Shared Custody Worksheet (CAO Fl 1-12) PDF icon Word Icon
Standard Child Support Worksheet  (CAO FL 1-13) PDF icon Word Icon
Parenting Plan (CAO FL 3) PDF icon Word Icon

For help with the Parenting Plan and child support calculations, please contact Family Court Services at 208-287-7600.

Second Step – Serving Paperwork

Proof Paperwork has been Served
Acknowledge of Service by Respondent (CAO FL 2-1) PDF icon Word Icon
Affidavit of Service with Orders (CAO FL 2-2) PDF icon Word Icon
 Service by Publication
Instruction 1-4 Service by Publication (CAO FL Instruction 1-4) PDF icon Word Icon
Motion and Affidavit Serve by Publication (CAO FL 1-4) PDF icon Word Icon
Summons by Publication (CAO FL 1-6) PDF icon Word Icon
Order for Service (CAO FL 1-5) PDF icon Word Icon
Affidavit Mailing Per Order for Publication (CAO FL 2-3) PDF icon Word Icon

Third Step – Finalizing the Divorce

By Default
Instruction 7-1 Finalizing Divorce by Default (CAO D) PDF icon Word Icon
Motion and Affidavit for Default (CAO FLPi 7-1) PDF icon Word Icon
Default (CAO FLPi 7-4) PDF icon Word Icon
Affidavit in Support of Default Decree No Children (CAO D 7-6) PDF icon Word Icon
Forms Needed for Some Default Cases
Motion Affidavit Default Counterclaim (Cv 7-3) PDF icon Word Icon
Notice of Intent to Default (Cv 7-5X) PDF icon Word Icon
 By Stipulation
Instruction 6-1 Finalizing Divorce by Stipulation (CAO D) PDF icon Word Icon
Stipulation for Decree (CAO D 6-8) PDF icon Word Icon
Amended Decree and Stipulation
Stipulation for Amended Divorce Decree (D 9-1) PDF icon Word Icon
Decree for Divorce Without Children
Divorce Decree No Minor children (CAO D 8-3) PDF icon Word Icon
Decree for Divorce With Children
Divorce Decree Children (CAO D 8-1) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Guidelines for courtroom Behavior (CAO Cv Inst 4-1) PDF icon Word Icon
Sample Default with Children Hearing Narrative (CAO D Inst 8-5) PDF icon Word Icon
Stipulation for Amended Decree of Divorce
Stipulation for Amended Divorce Decree (D 9-1) PDF icon Word Icon
 Forms Needed for Some Default Cases
Notice of Intent to Default (CAO Cv 7-5x) PDF icon Word Icon

Modification of a Decree, Judgment or Order

These forms can be used to modify divorce decrees, as well as child support and custody orders, judgment and decrees.

 Filing by Petition
 Instructions 1 Filing for Modification (CAO M) PDF icon Word Icon
Instructions 1-1 Filling out a Petition to Modify (CAO M) PDF icon Word Icon
Family Law Information Sheet (CAO FL 1-1) PDF icon Word Icon
Petition to Modify an Order, Judgment or Decree (CAO M 1-1) PDF icon Word Icon
Summons with Orders (CAO FL 1-3) PDF icon Word Icon

If you are changing Child Support you will need the following Forms.

Changing Child Support Forms
Affidavit Verifying Income Child Support (CAO FL 1-11) PDF icon Word Icon
Shared Custody Worksheet (CAO FL 1-12) PDF icon Word Icon
Standard Child Support Worksheet (CAO Fl 1-13) PDF icon Word Icon

If you are changing Custody/Visitation you will also need

Changing Custody/Visitation
Parenting Plan (CAO FL 3) PDF icon Word Icon

For help with the Parenting Plan and Child Support calculations, please contact Family Court Services at 208-287-7600.

Proof Paperwork has been Served
Acknowledge Service for Modification (CAO FL 2-1) PDF icon Word Icon
Affidavit of Service for Modification (CAO FLPi 2-4X) PDF icon Word Icon
Finalizing a Modification by Stipulation
Finalizing Modification Case (CAO Inst M/P 6-1) PDF icon Word Icon
Stipulation for Entry of Order, Judgment or Decree (CAO FLPi 6-1) PDF icon Word Icon
Judgment of Modification (CAO M 8-1) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Finalizing Modification by Default
Finalizing Modification Case (CAO Inst MP 6-1) PDF icon Word Icon
Motion Affidavit Default Modification (CAO FLPi 7-1) PDF icon Word Icon
Default (CAO FLPi 7-4) PDF icon Word Icon
Judgment of Modification (CAO M 8-1) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Forms for Modification When Health & Welfare is a Party to the Case
Petition to Modify H&W (CAO GCSM 1-1) PDF icon Word Icon
Acknowledgment of Service H&W (CAO GCS 2-1X) PDF icon Word Icon
Affidavit of Service H&W (CAO GCS 2-4X) PDF icon Word Icon
Judgment of Modification H&W (CAO GCSM 8-1) PDF icon Word Icon

Custody, Support, and Paternity

On this portion of the website, you’ll find information on filing for custody, child support and the paperwork you’ll need to prove paternity, among other things.

Additional child support and custody paperwork may also be found in our divorce section.

Filing for Custody
 Instructions 1 Filling for Custody, Visitation and Support (CAO P) PDF icon Word Icon
Family Law Case Information Sheet (FL 1-1) PDF icon Word Icon
Instructions 1-2 for Petition for Custody, Visitation, and Support (CAO P) PDF icon Word Icon
Petition for Custody, Visitation, and Support (CAO P 1-2) PDF icon Word Icon
Summons (CAO FL 1-3) PDF icon Word Icon
Parenting Plan Agreement (CAO FL 3) PDF icon Word Icon
Affidavit Verifying Income Child Support (CAO FL 1-11) PDF icon Word Icon
Shared Custody Child Support Worksheet (CAO FL 1-12) PDF icon Word Icon
Standard Child Support Worksheet (CAO FL 1-13) PDF icon Word Icon

For Help with the Parenting Plan and Child Support calculations, please contact Family Court Services at 208-287-7600.

Proof Paperwork has been Served
Acknowledgement of Service by Respondent (CAO FL 2-1) PDF icon Word Icon
Affidavit of Service (CAO FL 2-2) PDF icon Word Icon
Finalizing Custody
Instructions Finalizing a Custody Case (CAO MP Instr 6-1) PDF icon Word Icon
Custody by Default
Motion Affidavit Default (CAO FLPi 7-1) PDF icon Word Icon
Default (CAO FLPi 7-4) PDF icon Word Icon
Decree of Paternity, Custody, Visitation, Support (CAO P 8-2) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Custody by Stipulation
Stipulation for Entry of Order, Judgment or Decree (CAO FLPi 6-9) PDF icon Word Icon
Decree of Paternity, Custody, Visitation, Support (CAO P 8-2) PDF icon Word Icon
Child Support Order Transmittal (CSS 809) PDF icon Word Icon
Registering a Custody Decree or Order from Another State
Family Law Case Info Sheet PDF icon Word Icon
Instruction Registering Another States Custody Order (CAO FLE 1-2) PDF icon Word Icon
Notice Registration of Child Custody Order (CAO FLE 1-1) PDF icon Word Icon
Application for Registration of Child Custody Order (CAO FLE 1-2) PDF icon Word Icon
Request Hearing on Registration of Child Custody Order (CAO FLE 3-1) PDF icon Word Icon
Terminate Income Withholding Order for Child Support
Family Law Case Info Sheet PDF icon Word Icon
Instruction 10-4 for Motion and Affidavit to Terminate Income Withholding Order  (CAO FLE) PDF icon Word Icon
Motion to Terminate Income Withholding Order for Child Support (CAO FLE 10-4) PDF icon Word Icon
Instruction for Motion to Terminate Income Withholding Order (CAO FLE 10-6) PDF icon Word Icon
Order to Terminate Income Withholding Order (CAO FLE 10-6) PDF icon Word Icon
Notice of Hearing on Motion to Terminate Income Withholding Order (CAO FLE  10-5) PDF icon Word Icon

Use these forms if you have an already existing Health and Welfare child support order/judgment/decree in Ada County and you are trying to consolidate it with a custody or divorce action.

If you have filed a divorce or custody case and the Department of Health and Welfare has filed a separate case against either parent to establish a child support order, you should file documents to ask the court to combine the child support case with the divorce or custody case you have filed. The support and custody issues regarding your child/children will then be in the same file and heard by the same judge.

You can find forms for all other Idaho counties from the statewide Court Assistance Project website www.courtselfhelp.idaho.gov.

Consolidation of Cases
Consolidate Cases (CAO GCS Inst 4-18) PDF icon Word Icon
Motion to Consolidate (CAO GCS 4-18) PDF icon Word Icon
Notice of Hearing on Motion to Consolidate (CAO GCS 4-19) PDF icon Word Icon
Order to Consolidate (CAO GCS 4-21) PDF icon Word Icon
Consolidate Stipulation (CAO GCS 4-20) PDF icon Word Icon

In a case to establish paternity (legally confirm the identity of the biological father of a child or children), any party may ask the judge to order the mother, the alleged father and the child to participate in genetic tests to determine paternity.

There are separate steps to follow if the Department of Health and Welfare is a party in the case. Please read the paperwork listed below carefully and if you can, talk with an attorney.

Forms if Health and Welfare is Not Involved in your Case
Instruction for Motion for Genetic Tests (CAO PPi 4-7) PDF icon Word Icon
Motion for Order for Genetic Tests (CAO FL 4-7) PDF icon Word Icon
Order for Genetic Tests (CAO FL 4-14) PDF icon Word Icon
Notice of Hearing Genetic Tests (CAO FL 4-13) PDF icon Word Icon
Forms if Health and Welfare is Involved in your Case
Motion for Genetic Tests HW CSE (CAO 13-10A) PDF icon Word Icon
Order for Genetic Tests HW CSE (CAO 13-12A) PDF icon Word Icon
Notice of Hearing Genetic Tests HW CSE (CAO 13-11A) PDF icon Word Icon
Stipulation for Order HW CSE (CAO 6-9A) PDF icon Word Icon
Instruction for Motion for Intervention (CAO GCSPi Instr 4-1) PDF icon Word Icon
Motion for Intervention (CAO GCS 4-1) PDF icon Word Icon
Order Allowing Intervention (CAO GCS 4-2) PDF icon Word Icon
Notice of Hearing for Motion for Intervention (CAO GCS 4-6) PDF icon Word Icon
Instruction for Motion for Joinder (CAO GCSPi Instr 4-3) PDF icon Word Icon
Motion for Joinder (CAO GCS 4-3) PDF icon Word Icon
Joinder Order (CAO GCS 4-4) PDF icon Word Icon
Notice of Hearing Motion for Joinder (CAO GCS 4-5) PDF icon Word Icon

Response Paperwork

The paperwork in this section is used to respond to a family law case that you are named in. Use the sub categories to help you find the correct paperwork for your situation. As always, these instructions are not a substitute for legal advice. We recommend you talk with a lawyer before filing any paperwork.

Notice of Appearance 
Responding to Divorce Petition and Family Law Case (CAO Instruction 3-1) PDF icon Word Icon
Notice of Appearance (Cv 3-1) PDF icon Word Icon
Notice of Appearance in a Health and Welfare Case (Cv 3-1) PDF icon Word Icon
No Minor Children Response
Instruction 3-1 Responding to Divorce Petition and Family Law Case (CAO D) PDF icon Word Icon
Instruction 3-2 Completing Family Case Response No Minor Children PDF icon Word Icon
Family Case Response No Minor Children (CAO FL 3-2) PDF icon Word Icon
No Minor Children Response and Counterclaim
Responding to Divorce Petition or Family Law Cases (CAO Instruction D 3-1) PDF icon Word Icon
Completing Family Case Response and Counterclaim  (CAO FL Instruction 3-4) PDF icon Word Icon
Family Case Response and Counterclaim No Minor Children (CAO FL 3-4) PDF icon Word Icon
With Minor Children Response
Instruction 3-1 Responding to Divorce and Family Law Cases (CAO D) PDF icon Word Icon
Instruction 3-3 Completing Family Case Response with Minor Children (CAO FL) PDF icon Word Icon
Family Case Response With Minor Children (CAO FL 3-3) PDF icon Word Icon
With Minor Children Response and Counterclaim
Instruction 3-1 Responding to Divorce Petition and Family Law Cases (CAO D) PDF icon Word Icon
Instruction 3-5 Completing Family Case Response and Counterclaim With Minor Children (CAO FL) PDF icon Word Icon
Family Case Response and Counterclaim With Minor Children (CAO FL 3-5) PDF icon Word Icon
Parenting Plan (CAO FL 3) PDF icon Word Icon
Affidavit Verifying Income (CAO FL 1-11) PDF icon Word Icon
Shared, Split, Mixed Child Support Worksheet (CAO FL 1-12) PDF icon Word Icon
Standard Child Support Worksheet (CAO FL 1-13) PDF icon Word Icon

For help with the Parenting Plan and Child Support Calculations, please contact Family Court Services at 208-287-7600.

Reply to Counterclaim
Reply to Counterclaim (Cv 3-5) PDF icon Word Icon
Mandatory Disclosures
Instructions on Petitioner’s/Respondent’s Mandatory Child Support Disclosures (CAO FL 5-1) PDF icon Word Icon
Petitioner’s/Respondent’s Mandatory Child Support Disclosures (CAO FLPi 5-1) PDF icon Word Icon
Petitioner’s/Respondent’s Inventory of Property and Debt (CAO RFLPPI 1-2) PDF icon Word Icon
Certificate of Service (CAO FLPi 4-5) PDF icon Word Icon
Idaho Rules of Family Law Procedure (IRFLP) Forms
Instructions for Affidavit re: Motion for Temporary Orders (CAO RFLPPi) PDF icon Word Icon
Affidavit re: Motion for Temporary Orders (CAO RFLPPi 1-3) PDF icon Word Icon
Instructions for Uniform Family Law Interrogatories PDF icon Word Icon
Uniform Family Law Interrogatories (CAO RFLPPi 1-4) PDF icon Word Icon
Certificate of Service (CAO FLPi 4-5) PDF icon Word Icon

Marriage of a Minor

These forms are used if an individual 15 years of age or younger wants to get married in the state of Idaho.

Marriage of a Minor
Petition for Judgment Allowing Minor to Marry (CAO MM 1-1) PDF icon Word Icon
Statement of Examining Physician (CAO MM 1-2) PDF icon Word Icon
Judgment to Issue Marriage License to Minor (CAO MM 8-1) PDF icon Word Icon