Idaho Code
Idaho Code

Idaho Code § 32-709 (2026)

Modification of provisions for maintenance and support. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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.
Notes of Decisions
Cited in 38 cases (5 in the last 5 years), 1984–2025 · leading case: Monica Garner v. Christopher Garner, 354 P.3d 494 (Idaho 2015).
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Monica Garner v. Christopher Garner, 354 P.3d 494 (Idaho 2015). · cites it 48× “” I.C. § 32-709(1). No such showing has been made here.”
Nab v. Nab, 757 P.2d 1231 (Idaho Ct. App. 1988). · cites it 14× “A child support decree may be modified by the trial court, but: 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…”
Toyama v. Toyama, 922 P.2d 1068 (Idaho 1996). · cites it 20× “For that reason, Barbara contends, the Judgment must be interpreted to require Roy first to file a motion for the reduction of maintenance payments, as provided in I.C. § 32-709, before reductions in payments may be made.”
Ireland v. Ireland, 855 P.2d 40 (Idaho 1993). · cites it 12× “On appeal, the district judge found that Milton was not required to file a separate motion under I.C. § 32-709 in order to claim setoffs against his child support obligation.”
Marlar v. Gearhart, 564 P.3d 1195 (Idaho 2025). · cites it 58× “I.C. § 32-709. The parties likewise focused their arguments before both courts on the applicability of section 32-709.”
Gordon v. Gordon, 800 P.2d 1018 (Idaho 1990). · cites it 16× “Idaho Code § 32-709 allows the modification of a child support order only "upon a showing of a substantial and material change of circumstances.”
Rohr v. Rohr, 911 P.2d 133 (Idaho 1996). · cites it 11× “Idaho Code § 32-709 provides courts with the ability to retroactively modify child support provisions “only as to installments accruing subsequent to the motion for modification” in the event the moving party shows that a substantial and material change of circumstances has…”
Wilde v. Taggart, 556 P.3d 830 (Idaho 2024). · cites it 12× “(citing I.C. § 32-709; Nomer v. Kossman, 100 Idaho 898 , 606 P.”
Keller v. Keller, 946 P.2d 623 (Idaho 1997). · cites it 14× “The trial court is convinced that requiring plaintiff to do so would likely result in a professional `burnout' because he cannot continue to work as before, his earning power will decrease and as such there is good cause under I.C. § 32-709 and Rule 60(b)(5), Idaho Rules of…”
Brazier v. Brazier, 726 P.2d 1143 (Idaho Ct. App. 1986). · cites it 8× “He would have us hold that any such increase may be obtained only through a subsequent proceeding for modification under I.C. § 32-709. We disagree. The statute recites that "[t]he provisions of any decree respecting maintenance or support may be modified only as to installments…”
MacKowiak v. Harris, 204 P.3d 504 (Idaho 2009). · cites it 3× “” In 1980, the Idaho legislature enacted Idaho Code § 32-709 , which provides that spousal maintenance or child support in a divorce decree can be modified "only upon a showing of a substantial and material change in circumstances.”
City of Boise v. Ada Cnty., 215 P.3d 514 (Idaho 2009). · cites it 2× “Fisher was a child support modification case in which the Court held, based on Idaho Code section 32-709, that a support order may only be modified "upon a showing of a substantial and material change of circumstances.”
Show all 38 citing cases →
Idaho Code § 32-709(1): 7 cases
Monica Garner v. Christopher Garner, 354 P.3d 494 (Idaho 2015). “” I.C. § 32-709(1). No such showing has been made here.”
Wilde v. Taggart, 556 P.3d 830 (Idaho 2024). “(citing I.C. § 32-709; Nomer v. Kossman, 100 Idaho 898 , 606 P.”
Marlar v. Gearhart, 564 P.3d 1195 (Idaho 2025). “I.C. § 32-709. The parties likewise focused their arguments before both courts on the applicability of section 32-709.”
David R. Davies v. Susan Davies, 368 P.3d 1017 (Idaho Ct. App. 2016).
Hess v. Hess, 558 P.3d 254 (Idaho 2024).
Idaho Code § 32-709(2): 1 case
Marlar v. Gearhart, 564 P.3d 1195 (Idaho 2025). “I.C. § 32-709. The parties likewise focused their arguments before both courts on the applicability of section 32-709.”
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