Bulletin: ID000008

Dear Associates:

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.