reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-704 - ALLOWANCE OF SUPPORT MONEY, COURT COSTS AND ATTORNEY FEES — REPRESENTATION OF CHILD.

32-704. ALLOWANCE OF SUPPORT MONEY, COURT COSTS AND ATTORNEY FEES — REPRESENTATION OF CHILD. 1. While an action for divorce is pending, the court may, in its discretion, on the motion of either party and upon showing made in conformity with section 32-705 or section 32-706, Idaho Code, whichever be appropriate, order the payment of temporary maintenance of either spouse by the other or temporary support of a child of the marriage, in amounts and on terms just and proper under the circumstances.
2. The court may, in its discretion, on the motion of either party enter a decree of legal separation, providing for custody of children, division of property, payment of debts, payment of child support, and payment of spousal support as set forth in the statutes governing domestic relations.
3. The court may from time to time after considering the financial resources of both parties and the factors set forth in section 32-705, Idaho Code, order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this act and for attorney’s fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.
4. The court may appoint an attorney to represent the interests of a minor or dependent child with respect to his or her support, custody, and visitation, but only in those instances where the court deems legal representation necessary beyond any court ordered and court related services previously authorized for the particular case. The court shall enter an order for costs, fees, and disbursements in favor of the child’s attorney. The order shall be made against either or both parents, except, if both parties are indigent, the costs, fees, and disbursements shall be borne by the county in which the action is pending.
History:
[(32-704) 1874, p. 639, sec. 7; R.S., sec. 2472; reen. R.C. & C.L., sec. 2662; C.S., sec. 4642; I.C.A., sec. 31-704; am. 1980, ch. 378, sec. 2, p. 962; am. 1994, ch. 352, sec. 1, p. 1112.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-705 - MAINTENANCE.

32-705. MAINTENANCE. 1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:
(a) Lacks sufficient property to provide for his or her reasonable needs; and
(b) Is unable to support himself or herself through employment.
2. The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:
(a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
(b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
(c) The duration of the marriage;
(d) The age and the physical and emotional condition of the spouse seeking maintenance;
(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
(f) The tax consequences to each spouse;
(g) The fault of either party.
History:
[32-705, added 1980, ch. 378, sec. 4, p. 963; am. 1990, ch. 336, sec. 1, p. 917.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-707 - SECURITY.

32-707. SECURITY. The court may require reasonable security for providing maintenance or making any payments required under the provisions of this chapter, and may enforce the same by the appointment of a receiver, or by any other remedy applicable to the case.
History:
[(32-707) R.S., sec. 2475; reen. R.C. & C.L., sec. 2665; C.S., sec. 4645; I.C.A., sec. 31-707; am. 1980, ch. 378, sec. 6, p. 964.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-708 - WHAT PROPERTY LIABLE.

32-708. WHAT PROPERTY LIABLE. When implementing and construing sections 32-705 through 32-707, Idaho Code, the court must resort, first, to the community property, then to the separate property of either party.
History:
[(32-708) R.S., sec. 2476; reen. R.C. & C.L., sec. 2666; C.S., sec. 4646; I.C.A., sec. 31-708; am. 1980, ch. 378, sec. 7, p. 964.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-709 - MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT.

32-709. MODIFICATION OF PROVISIONS FOR MAINTENANCE AND SUPPORT. (1) The provisions of any decree respecting maintenance or support may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of a substantial and material change of circumstances.
(2) The court may allow a credit against child support arrearages for periods of time exceeding one hundred twenty (120) days during which the minor children have lived primarily with the obligated parent with the knowledge and consent of the custodial parent.
History:
[32-709, added 1980, ch. 378, sec. 8, p. 964; am. 2003, ch. 246, sec. 1, p. 638.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-710A - SUPPORT PAYMENTS PAID TO THE DEPARTMENT OF HEALTH AND WELFARE.

32-710A. SUPPORT PAYMENTS PAID TO THE DEPARTMENT OF HEALTH AND WELFARE. A. Effective October 1, 1998, all payments for child support ordered pursuant to any decree of divorce or other order for support shall be paid, unless otherwise ordered by the court, to the department of health and welfare. The department shall keep a record of payments made under said order or decree and shall, within two (2) business days of receipt of such payment, transmit said payments to the person or persons entitled thereto by virtue of said order or decree. Whenever a child is in the physical care of a person or entity other than its parents and the department of health and welfare is providing child support services under title IV-D of the social security act, the department may, after written notice to the obligor and obligee and the opportunity for hearing set forth in paragraphs 1. through 3. of this subsection transmit payments under an order of support for said child to the person or entity who has physical care of said child, without further order of the court, whether or not such person or entity is the obligee under the support order.
1. The department shall send notice of its intent to transmit child support payments to the person or entity who has physical care of the child by registered or certified mail to the last known address of the obligor and obligee under an order for support of the child.
2. The obligor and obligee may file a written objection to the transmittal of child support payments with a court of proper jurisdiction within fourteen (14) days from the date the notice of transmittal is mailed. A copy of the written objection shall be sent to the department of health and welfare.
3. After hearing in a court of proper jurisdiction and entry of an order, or if no written objection is made by the obligor or obligee, the department may transmit the payments under an order of support for the child to the person or entity who has physical care of the child.
B. Any person entitled to receive child support payments pursuant to any decree of divorce or other order for support may make application for enforcement services to the department of health and welfare as provided in section 56-203A, Idaho Code, when child support is not being paid as ordered.
C. All child support orders shall provide that the order will be enforced by income withholding pursuant to chapter 12, title 32, Idaho Code. Failure to include this provision does not affect the validity of the support order or decree. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.
History:
[I.C., sec. 32-710A, as added by S.L. 1967, ch. 94, sec. 1, p. 202; am. 1969, ch. 237, sec. 1, p. 750; am. 1986, ch. 222, sec. 5, p. 593; am. 1990, ch. 90, sec. 1, p. 189; am. 1995, ch. 320, sec. 1, p. 1083; am. 1998, ch. 292, sec. 6, p. 933.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-712 - COMMUNITY PROPERTY AND HOMESTEAD — DISPOSITION.

32-712. COMMUNITY PROPERTY AND HOMESTEAD — DISPOSITION. In case of divorce by the decree of a court of competent jurisdiction, the community property and the homestead must be assigned as follows:
1. The community property must be assigned by the court in such proportions as the court, from all the facts of the case and the condition of the parties, deems just, with due consideration of the following factors:
(a) Unless there are compelling reasons otherwise, there shall be a substantially equal division in value, considering debts, between the spouses.
(b) Factors which may bear upon whether a division shall be equal, or the manner of division, include, but are not limited to:
(1) Duration of the marriage;
(2) Any antenuptial agreement of the parties; provided, however, that the court shall have no authority to amend or rescind any such agreement;
(3) The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse;
(4) The needs of each spouse;
(5) Whether the apportionment is in lieu of or in addition to maintenance;
(6) The present and potential earning capability of each party; and
(7) Retirement benefits, including, but not limited to, social security, civil service, military and railroad retirement benefits.
2. If a homestead has been selected from the community property, it may be assigned to either party, either absolutely, provided such assignment is considered in distribution of the community property, or for a limited period, subject in the latter case to the future disposition of the court; or it may be divided or be sold and the proceeds divided.
3. If a homestead has been selected from the separate property of either, it must be assigned to the former owner of such property, subject to the power of the court to assign it for a limited period to the other spouse.
History:
[(32-712) 1874, p. 634, sec. 12; R.S., sec. 2480; reen. R.C. & C.L., sec. 2670; C.S., sec. 4650; I.C.A., sec. 31-712; am. 1965, ch. 63, sec. 1, p. 98; am. 1980, ch. 378, sec. 9, p. 964.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-713 - COMMUNITY PROPERTY AND HOMESTEAD — ORDER FOR DISPOSITION.

32-713. COMMUNITY PROPERTY AND HOMESTEAD — ORDER FOR DISPOSITION. The court, in rendering a decree of divorce, must make such order for the disposition of the community property, and of the homestead as in this chapter provided, and, whenever necessary for that purpose, may order a partition or sale of the property and a division or other disposition of the proceeds.
History:
[(32-713) 1874, p. 634, sec. 12; R.S., sec. 2481; reen. R.C. & C.L., sec. 2671; C.S., sec. 4651; I.C.A., sec. 31-713.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-714 - COMMUNITY PROPERTY AND HOMESTEAD — REVISION ON APPEAL.

32-714. COMMUNITY PROPERTY AND HOMESTEAD — REVISION ON APPEAL. The disposition of the community property, and of the homestead, as above provided, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.
History:
[(32-714) 1874, p. 634, sec. 12; R.S., sec. 2482; reen. R.C. & C.L., sec. 2672; C.S., sec. 4652; I.C.A., sec. 31-714.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-715 - JURISDICTION OF ACTIONS.

32-715. JURISDICTION OF ACTIONS. Exclusive original jurisdiction of all actions and proceedings under this chapter is in the district court, but a judge thereof at chambers may make all necessary orders to carry out the provisions of this chapter. The powers and jurisdiction granted district judges shall apply to proceedings under this chapter.
History:
[(32-715) 1874, p. 639, sec. 1; R.S., sec. 2483; reen. R.C. & C.L., sec. 2673; C.S., sec. 4653; I.C.A., sec. 31-715; am. 1937, ch. 210, sec. 1, p. 357; am. 2022, ch. 25, sec. 1, p. 71.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-716 - RECONCILIATION PROCEEDINGS.

32-716. RECONCILIATION PROCEEDINGS. No hearing on the merits upon grounds for divorce shall be held in any action for divorce, and no final decree of a court of competent jurisdiction shall be entered in any such case, except as hereinafter provided, until at least twenty-one (21) days after the commencement of the action and service of process. During such period of twenty-one (21) days, or at any time subsequent and prior to entry of final decree therein, the court, upon application of one (1) of the parties, may require a conference of the parties with a person or persons of his choosing, or persons selected by the court, in order to determine whether or not a reconciliation between the parties is practicable; provided, however, that nothing herein shall prevent the court from making such interim orders as may be just and equitable; provided, further, that nothing herein shall prevent the court from proceeding to try the matter on the merits and enter a final decree of divorce upon the agreement of both parties and with both parties present in person or represented by counsel at such trial.
In any action of divorce where grounds for divorce have been established, if the court finds that attempts at reconciliation are practicable and to the best interest of the family, the court may stay the proceedings for a period not to exceed ninety (90) days where there are minor children in the family.
The reconciliation procedures herein provided shall not be construed as a condonation on the part of either spouse of acts that may constitute grounds for divorce.
History:
[I.C., sec. 32-716, as added by 1971, ch. 21, sec. 1, p. 34; am. 2019, ch. 28, sec. 1, p. 76.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-717A - PARENTS’ ACCESS TO RECORDS AND INFORMATION.

32-717A. PARENTS’ ACCESS TO RECORDS AND INFORMATION. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child including, but not limited to, medical, dental, health, and school or educational records, shall not be denied to a parent because the parent is not the child’s custodial parent. However, information concerning the minor child’s address shall be deleted from such records to a parent, if the custodial parent has advised the records custodian in writing to do so.
History:
[32-717A, added 1982, ch. 311, sec. 2, p. 776; am. 1998, ch. 151, sec. 1, p. 522.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-717B - JOINT CUSTODY.

32-717B. JOINT CUSTODY. (1) "Joint custody" means an order awarding custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and continuing contact with both parents. The court may award either joint physical custody or joint legal custody or both as between the parents or parties as the court determines is for the best interests of the minor child or children. If the court declines to enter an order awarding joint custody, the court shall state in its decision the reasons for denial of an award of joint custody.
(2) "Joint physical custody" means an order awarding each of the parents significant periods of time in which a child resides with or is under the care and supervision of each of the parents or parties.
Joint physical custody shall be shared by the parents in such a way to assure the child a frequent and continuing contact with both parents but does not necessarily mean the child’s time with each parent should be exactly the same in length nor does it necessarily mean the child should be alternating back and forth over certain periods of time between each parent.
The actual amount of time with each parent shall be determined by the court.
(3) "Joint legal custody" means a judicial determination that the parents or parties are required to share the decision-making rights, responsibilities and authority relating to the health, education and general welfare of a child or children.
(4) Except as provided in subsection (5), of this section, absent a preponderance of the evidence to the contrary, there shall be a presumption that joint custody is in the best interests of a minor child or children.
(5) There shall be a presumption that joint custody is not in the best interests of a minor child if one (1) of the parents is found by the court to be a habitual perpetrator of domestic violence as defined in section 39-6303, Idaho Code.
History:
[32-717B, added 1982, ch. 311, sec. 3, p. 776; am. 1994, ch. 340, sec. 2, p. 1076.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-717C - ALLEGATIONS OF ABUSE — INVESTIGATION.

32-717C. ALLEGATIONS OF ABUSE — INVESTIGATION. When, in any divorce proceeding or upon request for modification of a divorce decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the court shall order that an investigation be conducted by the department of health and welfare. A final award of custody or visitation may not be rendered until a report on that investigation is received by the court. That investigation shall be conducted by the department within thirty (30) days of the court’s notice and request for investigation.
History:
[32-717C, added 1995, ch. 275, sec. 1, p. 923.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-717E - SUPERVISED ACCESS PROVIDERS — RECORD CHECKS.

32-717E. SUPERVISED ACCESS PROVIDERS — RECORD CHECKS. In cases in which a court has ordered that contact between a person and one (1) or more children shall take place only in the presence of an approved provider, or where the court has ordered supervised exchanges or transfers of one (1) or more children, the court may appoint an individual or entity as a supervised access provider to provide such supervised access or to facilitate such exchanges or transfers. The qualifications and duties of supervised access providers shall be as specified in rules adopted by the supreme court. A supervised access provider who is paid for providing supervised access services shall, prior to acting in such capacity and at his or her own cost, submit to a fingerprint-based criminal history check through any law enforcement office in the state providing such service. The criminal history check shall include a statewide criminal identification bureau check, federal bureau of investigation criminal history check, child abuse registry check, adult protection registry check and statewide sex offender registry check. A record of all background checks shall be maintained in the office of the supreme court of the state of Idaho.
History:
[32-717E, added 2007, ch. 106, sec. 1, p. 310.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-718 - VEXATIOUS OR HARASSING MODIFICATION PROCEEDINGS.

32-718. VEXATIOUS OR HARASSING MODIFICATION PROCEEDINGS. Attorney fees and costs shall be assessed against a party seeking modification if the court finds that the modification proceeding is vexatious and constitutes harassment.
History:
[32-718, added 1980, ch. 378, sec. 10, p. 965.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 7 - DIVORCE ACTIONS › Section 32-719 - VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS.

32-719. VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS. The district court may grant reasonable visitation rights to grandparents or great-grandparents upon a proper showing that the visitation would be in the best interests of the child.
History:
[32-719, added 1994, ch. 407, sec. 1, p. 1278.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 8 - DIVORCES FOR INSANITY › Section 32-801 - INSANITY A GROUND FOR DIVORCE.

32-801. INSANITY A GROUND FOR DIVORCE. A divorce may be granted for the cause of permanent insanity of the spouse: provided, that no divorce shall be granted under the provisions of this chapter unless such insane person shall have been duly and regularly confined in an insane asylum of this state, or of a sister state or territory, or foreign country for at least three (3) years next preceding the commencement of the action for divorce, nor unless it shall appear to the court that such insanity is permanent and incurable.
History:
[(32-801) 1895, p. 11, sec. 1; reen. 1899, p. 232, sec. 1; am. 1903, p. 232, sec. 1; am. R.C. & C.L., sec. 4624; C.S., sec. 7037; I.C.A., sec. 31-801; am. 1945, ch. 106, sec. 1, p. 158; am. 1949, ch. 68, sec. 1, p. 114; am. 1953, ch. 48, sec. 1, p. 65.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 8 - DIVORCES FOR INSANITY › Section 32-802 - APPOINTMENT OF GUARDIAN — SERVICE OF PROCESS.

32-802. APPOINTMENT OF GUARDIAN — SERVICE OF PROCESS. The district courts of the several judicial districts of this state shall have jurisdiction of actions for divorce under the provisions of this chapter; and such action shall be brought in the county of this state in which the plaintiff resides. And the court in which such action is about to be commenced shall, upon the filing by the plaintiff of a petition, duly verified, showing that a cause of action exists under this chapter, appoint some person to act as guardian of such insane person in such action, and the summons and complaint in such action shall be served upon the defendant by delivering a copy of such summons and complaint to such guardian, and by delivering a copy thereof to the county attorney of the county in which such action is brought.
History:
[(32-802) 1895, p. 11, sec. 2; reen. 1899, p. 232, sec. 2; reen. R.C. & C.L., sec. 4625; C.S., sec. 7038; I.C.A., sec. 31-802.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 8 - DIVORCES FOR INSANITY › Section 32-803 - PROSECUTING ATTORNEY TO DEFEND ACTION.

32-803. PROSECUTING ATTORNEY TO DEFEND ACTION. It shall be the duty of the county attorney upon whom the summons and complaint in such action shall be served to appear for such defendant in such action and defend the same, and no divorce shall be granted under the provisions of this chapter except in the presence of the county attorney.
History:
[(32-803) 1895, p. 11, sec. 3; reen. 1899, p. 232, sec. 3; reen. R.C. & C.L., sec. 4626; C.S., sec. 7039; I.C.A., sec. 31-803.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 8 - DIVORCES FOR INSANITY › Section 32-804 - MAINTENANCE — DISTRIBUTION OF PROPERTY — CUSTODY OF CHILDREN.

32-804. MAINTENANCE — DISTRIBUTION OF PROPERTY — CUSTODY OF CHILDREN. In any action brought under the provisions of this chapter the said courts and the judges thereof shall possess all the powers relative to the payment of maintenance and support, the distribution of property and the care and custody of children of the parties, that such courts now have, or may hereafter have, in other actions for divorce.
History:
[(32-804) 1895, p. 11, sec. 4; reen. 1899, p. 232, sec. 4; reen. R.C. & C.L., sec. 4627; C.S., sec. 7040; I.C.A., sec. 31-804; am. 1980, ch. 378, sec. 11, p. 965.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 8 - DIVORCES FOR INSANITY › Section 32-805 - COSTS AND EXPENSES TO BE PAID BY PLAINTIFF.

32-805. COSTS AND EXPENSES TO BE PAID BY PLAINTIFF. All the costs of the court in such action, as well as the actual expenses of the county attorney therein, together with the expenses and fees of the guardian therein, shall be paid by the plaintiff; such expenses of the county attorney and expenses and fees of the guardian shall be fixed and allowed by the court, and the court or the judge thereof may make such order as to the payment of such fees and expenses as to said court or judge may seem proper.
History:
[(32-805) 1895, p. 11, sec. 5; reen. 1899, p. 232, sec. 5; reen. R.C. & C.L., sec. 4628; C.S., sec. 7041; I.C.A., sec. 31-805.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-901 - MUTUAL OBLIGATIONS.

32-901. MUTUAL OBLIGATIONS. Husband and wife contract toward each other obligations of mutual respect, fidelity and support.
History:
[(32-901) R.S., sec. 2493; reen. R.C. & C.L., sec. 2674; C.S., sec. 4654; I.C.A., sec. 31-901.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-903 - SEPARATE PROPERTY OF HUSBAND AND WIFE.

32-903. SEPARATE PROPERTY OF HUSBAND AND WIFE. All property of either the husband or the wife owned by him or her before marriage, and that acquired afterward by either by gift, bequest, devise or descent, or that which either he or she shall acquire with the proceeds of his or her separate property, by way of moneys or other property, shall remain his or her sole and separate property.
History:
[(32-903) 1866, p. 65, sec. 1; R.S., sec. 2495; am. 1903, p. 345, sec. 1; reen. R.C. & C.L., sec. 2676; C.S., sec. 4656; I.C.A., sec. 31-903; am. 1941, ch. 62, sec. 1, p. 123.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-904 - SEPARATE PROPERTY OF WIFE — MANAGEMENT.

32-904. SEPARATE PROPERTY OF WIFE — MANAGEMENT. During the continuance of the marriage, the wife has the management, control and absolute power of disposition of her separate property, and may bargain, sell and convey her real and personal property, and may enter into any contract with reference to the same, in the same manner, and to the same extent, and with like effect, as a married man may in relation to his real and personal property: provided, that the husband shall be bound by such contracts to no greater extent or effect than his wife under similar circumstances would be bound by his contracts.
History:
[(32-904) 1903, p. 345, sec. 2; reen. R.C. & C.L., sec. 2677; C.S., sec. 4657; I.C.A., sec. 31-904.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-905 - SEPARATE PROPERTY OF WIFE — MARRIAGE SETTLEMENT NOT AFFECTED.

32-905. SEPARATE PROPERTY OF WIFE — MARRIAGE SETTLEMENT NOT AFFECTED. Nothing in the two (2) preceding sections contained shall invalidate, alter or change any marriage settlement now made or to be made hereafter.
History:
[(32-905) 1903, p. 345, sec. 4; reen. R.C. & C.L., sec. 2678; C.S., sec. 4658; I.C.A., sec. 31-905.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-906 - COMMUNITY PROPERTY — INCOME FROM SEPARATE AND COMMUNITY PROPERTY — CONVEYANCE BETWEEN SPOUSES.

32-906. COMMUNITY PROPERTY — INCOME FROM SEPARATE AND COMMUNITY PROPERTY — CONVEYANCE BETWEEN SPOUSES. (1) All other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues and profits, of all property, separate or community, is community property unless the conveyance by which it is acquired provides or both spouses, by written agreement specifically so providing, declare that all or specifically designated property and the income, including the rents, issues and profits, from all or the specifically designated property shall be the separate property of one of the spouses or the income, including the rents, issues and profits, from all or specifically designated separate property be the separate property of the spouse to whom the property belongs. Such property shall be subject to the management of the spouse owning the property and shall not be liable for the debts of the other member of the community.
(2) Property conveyed by one spouse to the other shall be presumed to be the sole and separate estate of the grantee and only the grantor spouse need execute and acknowledge the deed or other instrument of conveyance notwithstanding the provisions of section 32-912, Idaho Code; provided, however, that the income, including the rents, issues and profits, from such property shall not be the separate property of the grantee spouse unless this fact is specifically stated in the instrument of conveyance.
History:
[32-906, added 1980, ch. 300, sec. 2, p. 777; am. 2003, ch. 139, sec. 2, p. 407.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-906A - COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY.

32-906A. COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY. Where community property, before or after the effective date of this section, is transferred by the husband and wife to a trust, regardless of the identity of the trustee, which trust originally or as amended prior or subsequent to such transfer (a) is revocable in whole or in part during their joint lives, (b) provides that the property after transfer to the trust shall remain community property and any withdrawal therefrom shall be their community property, and (c) is subject to amendment or alteration during their joint lifetime upon their joint consent, the property so transferred to such trust, and the interests of the spouses in such trust, shall be community property during the continuance of the marriage, unless the trust otherwise expressly provides. Nothing in this section shall be deemed to affect community property which, before or after the effective date of this section, is transferred in a manner other than as described in this section or to a trust containing different provisions than those set forth in this section; nor shall this section be construed to prohibit the trustee from conveying any trust property, real or personal, in accordance with the provisions of the trust without the consent of the husband or wife unless the trust expressly required the consent of one or both spouses.
History:
[I.C., sec. 32-906A, as added by 1973, ch. 159, sec. 1, p. 304.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-907 - INVENTORY OF WIFE’S PROPERTY.

32-907. INVENTORY OF WIFE’S PROPERTY. A full and complete inventory of the separate personal property of the wife may be made out and signed by her, acknowledged or proved in the manner required by law for the acknowledgment or proof of a conveyance of real property by an unmarried woman, and recorded in the office of the recorder of the county in which the parties reside.
History:
[(32-907) 1866, p. 65, sec. 3; R.S., sec. 2500; reen. R.C. & C.L., sec. 2681; C.S., sec. 4661; I.C.A., sec. 31-908.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-908 - EFFECT OF FILING INVENTORY.

32-908. EFFECT OF FILING INVENTORY. The filing of the inventory in the recorder’s office is notice and prima facie evidence of the title of the wife.
History:
[(32-908) 1866, p. 65, sec. 5; R.S., sec. 2501; reen. R.C. & C.L., sec. 2682; C.S., sec. 4662; I.C.A., sec. 31-909.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-909 - EARNINGS OF WIFE LIVING SEPARATE FROM HUSBAND [UNCONSTITUTIONAL].

32-909. EARNINGS OF WIFE LIVING SEPARATE FROM HUSBAND [UNCONSTITUTIONAL]. The earnings and accumulations of the wife and of her minor children living with her or in her custody, while she is living separate from her husband are the separate property of the wife.
History:
[(32-909) R.S., sec. 2502; reen. R.C. & C.L., sec. 2683; C.S., sec. 4663; I.C.A., sec. 31-910.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-910 - LIABILITY FOR ANTENUPTIAL DEBTS.

32-910. LIABILITY FOR ANTENUPTIAL DEBTS. The separate property of the husband is not liable for the debts of the wife contracted before the marriage.
History:
[(32-910) 1866, p. 65, sec. 13; R.S., sec. 2503; reen. R.C. & C.L., sec. 2684; C.S., sec. 4664; I.C.A., sec. 31-911.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-911 - WIFE’S LIABILITY FOR PERSONAL DEBTS.

32-911. WIFE’S LIABILITY FOR PERSONAL DEBTS. The separate property of the wife is not liable for the debts of her husband, but is liable for her own debts contracted before or after marriage.
History:
[(32-911) 1866, p. 65, sec. 9; R.S., sec. 2504; reen. R.C. & C.L., sec. 2685; C.S., sec. 4665; I.C.A., sec. 31-912.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-912 - CONTROL OF COMMUNITY PROPERTY.

32-912. CONTROL OF COMMUNITY PROPERTY. Either the husband or the wife shall have the right to manage and control the community property, and either may bind the community property by contract, except that neither the husband nor wife may sell, convey or encumber the community real estate unless the other joins in executing the sale agreement, deed or other instrument of conveyance by which the real estate is sold, conveyed or encumbered, and any community obligation incurred by either the husband or the wife without the consent in writing of the other shall not obligate the separate property of the spouse who did not so consent; provided, however, that the husband or wife may by express power of attorney give to the other the complete power to sell, convey or encumber community property, either real or personal. All deeds, conveyances, bills of sale, or evidences of debt heretofore made in conformity herewith are hereby validated.
History:
[(32-912) 1866, p. 65, sec. 9; 1885, p. 137, sec. 1; R.S., sec. 2505; reen. R.C., sec. 2686; am. 1913, ch. 105, p. 425; am. 1915, ch. 75, sec. 1, p. 187; compiled and reen. C.L., sec. 2686; C.S., sec. 4666; I.C.A., sec. 31-913; am. 1945, ch. 18, sec. 1, p. 26; am. 1974, ch. 194, sec. 2, p. 1502; am. 1991, ch. 63, sec. 1, p. 157.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-913 - PAYMENTS FROM EMPLOYEE BENEFIT PLANS — ADVERSE CLAIMS.

32-913. PAYMENTS FROM EMPLOYEE BENEFIT PLANS — ADVERSE CLAIMS. Whenever payment or refund is made to an employee, former employee, or such person’s beneficiary or heirs, legatees or estate pursuant to a written retirement, death, stock, or other employee benefit plan or savings plan such payment or refund shall fully discharge the employer, former employer, and any trustee or insurance company making such payment or refund from all adverse claims thereto unless such payment or refund is made within twenty (20) days following the death of such employee or former employee or unless before such payment or refund is made, the employer or former employer, where the payment or refund is made by the employer or former employer, has received at its principal place of business within this state or home office, written or oral notice by or on behalf of some other person that such other person claims to be entitled to such payment or refund or some part thereof, or where a trustee or insurance company is making the payment or refund, such notice has been received by the trustee or insurance company at its home office or its principal place of business within this state. Should said payment or refund be comprised in whole or in part of stock of any corporation, such corporation may accept said stock for transfer as directed by the employer, former employer, or the trustee making such payment or refund, and shall be entitled to treat the transferee as the owner of said stock for all purposes unless the corporation has received, at its home office, written or oral notice by or on behalf of some other person that such other person claims to be entitled to such stock or to some interest therein. This section shall not affect any claim or right to any such payment or refund or part thereof as between all persons other than the employer or former employer and the trustee or insurance company making such payment or refund or the corporation accepting such stock for transfer.
History:
[32-913, added 1977, ch. 168, sec. 1, p. 433.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-914 - CURTESY AND DOWER ABOLISHED.

32-914. CURTESY AND DOWER ABOLISHED. No estate is allowed the husband tenant by curtesy upon the death of his wife, nor is any estate in dower allotted to the wife upon the death of her husband.
History:
[(32-914) 1866, p. 65, sec. 10; R.S., sec. 2506; reen. R.C. & C.L., sec. 2687; C.S., sec. 4668; I.C.A., sec. 31-915.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-916 - PROPERTY RIGHTS GOVERNED BY CHAPTER.

32-916. PROPERTY RIGHTS GOVERNED BY CHAPTER. The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement agreement entered into during marriage containing stipulations contrary thereto.
History:
[(32-916) 1866, p. 65, sec. 15; R.S., sec. 2508; reen. R.C. & C.L., sec. 2689; C.S., sec. 4670; I.C.A., sec. 31-917; am. 1980, ch. 299, sec. 1, p. 777; am. 1995, ch. 229, sec. 1, p. 780.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-917 - FORMALITIES REQUIRED OF MARRIAGE SETTLEMENTS.

32-917. FORMALITIES REQUIRED OF MARRIAGE SETTLEMENTS. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as conveyances of land are required to be executed and acknowledged or proved.
History:
[(32-917) 1866, p. 65, sec. 16; R.S., sec. 2509; reen. R.C. & C.L., sec. 2690; C.S., sec. 4671; I.C.A., sec. 31-918.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-918 - MARRIAGE SETTLEMENTS — RECORD.

32-918. MARRIAGE SETTLEMENTS — RECORD. (1) When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract.
(2) (a) A summary of the contract may be recorded in lieu of the contract, under this chapter or the laws of this state, if the requirements of this section are substantially met.
(b) A summary of the contract shall be signed and acknowledged by all parties to the original contract. The summary of the contract shall clearly state:
(i) The names of the parties to the original contract;
(ii) The complete mailing address of all parties;
(iii) The title and date of the contract;
(iv) A description of the interest or interests in real property created by the contract; and
(v) The legal description of the property.
(c) Other elements of the contract may be stated in the summary.
(3) If the requirements of this section are met, the summary of the contract may be recorded under the provisions of this chapter and, as to the contents of the summary only, it shall have the same force and effect as if the original contract had been recorded, and constructive notice shall be deemed to be given concerning the contents of the summary and the existence of the contract to any subsequent purchasers, mortgagees, or other persons or entities that acquire an interest in the real property.
History:
[(32-918) 1866, p. 65, sec. 17; R.S., sec. 2510; reen. R.C. & C.L., sec. 2691; C.S., sec. 4672; I.C.A., sec. 31-919; am. 2005, ch. 124, sec. 1, p. 408.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-919 - MARRIAGE SETTLEMENTS — EFFECT OF RECORD.

32-919. MARRIAGE SETTLEMENTS — EFFECT OF RECORD. The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a conveyance of real property.
History:
[(32-919) 1866, p. 65, sec. 18; R.S., sec. 2511; reen. R.C. & C.L., sec. 2692; C.S., sec. 4673; I.C.A., sec. 31-920.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-920 - MARRIAGE SETTLEMENTS — CAPACITY OF MINOR.

32-920. MARRIAGE SETTLEMENTS — CAPACITY OF MINOR. A minor capable of contracting marriage may make a valid marriage settlement.
History:
[(32-920) 1866, p. 65, sec. 20; R.S., sec. 2512; reen. R.C. & C.L., sec. 2693; C.S., sec. 4674; I.C.A., sec. 31-921.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-921 - DEFINITIONS.

32-921. DEFINITIONS. As used in this act:
(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
History:
[32-921, added 1995, ch. 229, sec. 2, p. 780.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-922 - FORMALITIES.

32-922. FORMALITIES. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. The premarital agreement shall be executed and acknowledged or proved as provided in sections 32-917 through 32-919, Idaho Code.
History:
[32-922, added 1995, ch. 229, sec. 2, p. 781.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-923 - CONTENT.

32-923. CONTENT. (1) Parties to a premarital agreement may contract with respect to:
(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(c) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(d) The modification or elimination of spousal support;
(e) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(f) The ownership rights in and disposition of the death benefit from a life insurance policy;
(g) The choice of law governing the construction of the agreement; and
(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(2) The right of a child to support may not be adversely affected by a premarital agreement.
History:
[32-923, added 1995, ch. 229, sec. 2, p. 781.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-924 - EFFECT OF MARRIAGE — AMENDMENT — REVOCATION.

32-924. EFFECT OF MARRIAGE — AMENDMENT — REVOCATION. A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
History:
[32-924, added 1995, ch. 229, sec. 2, p. 781.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-925 - ENFORCEMENT.

32-925. ENFORCEMENT. (1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a) That party did not execute the agreement voluntarily; or
(b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(3) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
History:
[32-925, added 1995, ch. 229, sec. 2, p. 781.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-926 - ENFORCEMENT — VOID MARRIAGE.

32-926. ENFORCEMENT — VOID MARRIAGE. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
History:
[32-926, added 1995, ch. 229, sec. 2, p. 782.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-927 - LIMITATION OF ACTIONS.

32-927. LIMITATION OF ACTIONS. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled as to the premarital agreement during the marriage of the parties. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
History:
[32-927, added 1995, ch. 229, sec. 2, p. 782.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-928 - APPLICATION AND CONSTRUCTION.

32-928. APPLICATION AND CONSTRUCTION. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
[32-928, added 1995, ch. 229, sec. 2, p. 782.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY › Section 32-929 - SHORT TITLE.

32-929. SHORT TITLE. This act may be cited as the "Uniform Premarital Agreement Act."
History:
[32-929, added 1995, ch. 229, sec. 2, p. 782.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1001 - ALLOWANCE TO PARENT FOR SUPPORT OF CHILD.

32-1001. ALLOWANCE TO PARENT FOR SUPPORT OF CHILD. The proper court may direct an allowance to be made to the parent of a child, out of its property for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit.
History:
[(32-1001) R.S., sec. 2530; reen. R.C. & C.L., sec. 2694; C.S., sec. 4675; I.C.A., sec. 31-1001.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1003 - LIABILITY OF PARENT FOR CHILD’S NECESSARIES.

32-1003. LIABILITY OF PARENT FOR CHILD’S NECESSARIES. If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent.
History:
[(32-1003) R.S., sec. 2532; reen. R.C. & C.L., sec. 2696; C.S., sec. 4677; I.C.A., sec. 31-1003.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 10 - PARENT AND CHILD › Section 32-1004 - WAGES OF MINORS.

32-1004. WAGES OF MINORS. The wages of a minor employed in service may be paid to him, unless, within thirty (30) days after the commencement of the service the parent or guardian entitled thereto gives the employer notice that he claims such wages.
History:
[(32-1004) R.S., sec. 2533; reen. R.C. & C.L., sec. 2697; C.S., sec. 4678; I.C.A., sec. 31-1004.]