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Idaho Rules of Family Law Procedure Rule 814. Action to Obtain Money Judgment.

 

(a) Commencement of an Action to Obtain a Money Judgment. A party to a family law action may file a petition for money judgment in a form similar to an original petition or stipulation in the original family law action to enforce the term of the decree or judgment by seeking a money judgment for the following:

 

(1) contribution for amount paid by one party toward debt assigned to the other party as provided in the decree or judgment;

 

(2) reimbursement of uncovered medical expenses incurred on behalf of the child;

 

(3) reimbursement of work-related day care expenses incurred on behalf of the child;

 

(4) reimbursement of medical insurance premiums for insurance covering the child;

 

(5) unpaid child support or spousal maintenance or other payments ordered; and

 

(6) reimbursement of other amounts ordered to be paid or shared by the parties.

 

The provisions of this Rule are separate and distinct from a contempt proceeding under Rule 812 and other remedies provided by law.

 

(b) Designation of Parties. The parties will remain as designated as the petitioner and respondent as set forth in the original family law action, regardless of whether that party is now the moving party.

 

(c) Service. Unless the parties have filed a stipulation for entry of a judgment, a petition for money judgment must be served upon all parties entitled to service along with a summons. The method of service will be the same as for an original family law action set forth in Rule 204 and service will be on the responding party rather than on the previous attorney of record for the party. If a petition for money judgment is initiated in a family law action currently pending, the petition for money judgment may be served as provided by Rule 205(c)-(e), unless the court orders personal service.

 

(d) Adjudication.  A petition for money judgment will be adjudicated in the same manner as an original family law action or may be expedited as directed by the court.

 

(Adopted June 12, 2023, effective July 1, 2023.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello
Judge Michael P. Tribe

 

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