The Magistrate’s order dismissing Belinda Alexia Rodriguez’s petition to modify visitation. By: Kara L.

http://scholar.google.com/scholar_case?case=16417342635292085834&q=Idaho+Cases+child+custody&hl=en&as_sdt=4,13&as_ylo=2011

Court of Appeals of Idaho Ryan J. Rodriguez, Plaintiff-Appellant v. Belinda Alexia Rodriguez, Defendant-Respondent. 249P.3d 413(2011) No. 37375.

The Idaho Court of Appeals held in Ryan J. Rodriguez v. Belinda Alexia Rodriguez 249p.3d 413 (2011) the mother was ordered to pay child support of the amount of $289 a month. She failed to pay the child support. Ryan filed a motion to modify custody for full physical custody and Belinda failed to show up and a warrant was issued. She was sentenced to forty-five days in jail.  During her time in Jail their son was diagnosed with leukemia. During this time she was granted temporary additional visitation while her child was in the hospital. During the case Belinda Alexia Rodriguez filed for a motion to modify her child support, showing that it was impossible for her pay the child support. The magistrate failed to make a determination of whether it was presently impossible for Belinda to purge herself of her contempt of court. The magistrate erred in failing to make this determination before it decided whether or not to conduct a hearing on Belinda’s motion to modify child custody.

Ryan is seeking attorney fees on the appeal and all court costs.

Conclusion they granted that the magistrate erred in failing to conduct a hearing on Belinda’s motion to modify her child custody without first determining whether it was impossible for Belinda to purge herself of her contempt. They affirm the district court’s decision and remand to the magistrate for further proceedings. Cost on appeal, but not attorney fees, are awarded to respondent Belinda Alexia Rodriguez.

Chief Judge GRATTON and Judge GUTIERREZ concur.