- August 17, 1994
- All Policy Issuing Agents, Offices and approved Attorneys - Idaho
- Judgments Arising out of Divorce Decrees
It is not uncommon to find recorded or docketed Divorce Decrees that make provision for periodic payments for child support and similar matters that run until a certain date, or until a specified event occurs.
The State of Idaho makes provision for such periodic payments to be liens upon real property as follows:
Idaho: IC 10-1110 provides that a decree of divorce or separate maintenance making provision for periodic payment by installment of sums for maintenance of children, alimony and support shall be a lien in the amount for payments so provided, delinquent or not, when due.
Such a recorded or docketed Divorce Decree or other Order of the Court providing for such payments should be viewed as giving potential notice of a judgment by operation of law.
You should make the requirement on all commitments issued where such a Divorce Decree if found against the owner of:
Delivery to the Company of a Certificate executed by ______________ evidencing that all periodic payments for child support and maintenance are current through the date of policy arising out of that certain Decree of Divorce between _________________ and ________________, filed in ______ District Court in and for the County of _______________, Civil Action No. ____________, recorded [docketed] ________________, 19 ____ as Instrument No. __________, indexed in Book ___________, at Page ____________.
If you have any questions on this procedure, please contact your District Office.
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