Kershisnik Law, (208) 472-2383, Boise Divorce Attorney, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.
As a Boise Divorce Attorney I often get calls concerning child support. There are many issues surrounding child support. They can be pursuant to a divorce or a custody proceeding or any other variety of scenarios. A frequent situation that I am involved in regard to Medicaid or other state assistance.
When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.
This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.
Wednesday, April 20, 2011
Monday, April 18, 2011
Boise Probate Attorneys - Idaho Estate Planning Lawyers
To speak with a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383, for probate and estate planning in Idaho.
As a Boise Probate Attorney one of the most frequent questions I get is how long does it take to complete probate.
Once you have filed a probate action, you must file a notice in your local paper and in the paper where any real property is located or business has been conducted, regardless of whether it was a large business or a small business which belonged to the deceased. The notice informs creditors that any debts owing by the individual will be paid out of the estate. This is important for a small business, in particular, because if the small business has not been incorporated, then the debts are the debts of the individual as well as of the small business. It is important for a large business as well, particularly if the deceased business owner signed personally for any of the debt for the business.
In addition to filing notice, the appropriate paperwork must be completed so that the personal representative can pay the debts of the estate, transfer property and distribute property. The personal representative must do an inventory of the estate to establish what property exists and is available to pay debts and ultimately to be distributed. The personal representative must also keep an account of their activity to provide an accounting if one is requested by the heirs.
Once the debts are paid and the property is distributed the estate can be closed. However, the estate cannot be closed for at least ninety days to give the creditors a chance to file a claim for payment against the estate. After ninety days, if a creditor does not come forward, they will be barred from collecting against the estate.
Once probate is filed, notice has been given, the debts have been paid and the property has been distributed the estate can be closed.
If you need to speak to a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383.
As a Boise Probate Attorney one of the most frequent questions I get is how long does it take to complete probate.
Once you have filed a probate action, you must file a notice in your local paper and in the paper where any real property is located or business has been conducted, regardless of whether it was a large business or a small business which belonged to the deceased. The notice informs creditors that any debts owing by the individual will be paid out of the estate. This is important for a small business, in particular, because if the small business has not been incorporated, then the debts are the debts of the individual as well as of the small business. It is important for a large business as well, particularly if the deceased business owner signed personally for any of the debt for the business.
In addition to filing notice, the appropriate paperwork must be completed so that the personal representative can pay the debts of the estate, transfer property and distribute property. The personal representative must do an inventory of the estate to establish what property exists and is available to pay debts and ultimately to be distributed. The personal representative must also keep an account of their activity to provide an accounting if one is requested by the heirs.
Once the debts are paid and the property is distributed the estate can be closed. However, the estate cannot be closed for at least ninety days to give the creditors a chance to file a claim for payment against the estate. After ninety days, if a creditor does not come forward, they will be barred from collecting against the estate.
Once probate is filed, notice has been given, the debts have been paid and the property has been distributed the estate can be closed.
If you need to speak to a Boise Probate Attorney or an Idaho Estate Planning Lawyer, please call (208) 472-2383.
Monday, April 4, 2011
Boise Divorce Attorney - Divorce Attorneys, Family Law Lawyers, Probate Attorneys, Boise, Idaho
Boise Divorce Attorneys - Boise Probate Attorneys - Family Law Lawyers, (208)472-2383
Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget to change your will.
As a Boise Divorce Attorney, a piece of advice I always give my divorce clients is, "don't forget to change your will". People often think that once they get divorced, the "spouse" in their will will automatically mean their new spouse. That is not necessarily the case.
If you have written your will to include the language, "my spouse, Jane Doe" and then you divorce Jane Doe, will a court automatically presume you mean your new spouse Susie Q? The Idaho Probate Code has a provision that covers omitted spouses. If you write your will and you leave out your spouse, unless there is evidence to show that it was intentional, your spouse will be given the share that they would have been given if you died intestate (without a will).
So that is the easy part. If you write in your original will, "I leave my property to Jane Doe" and then you divorce and then remarry but you don't take the advice of your Boise Divorce Attorney and you don't change your will and you remarry. Then what happens? Will Jane Doe take a portion of your property, along with Susie Q. As Jane Doe's Boise Probate Attorney, I certainly would argue that she should. Of course, Susie Q's Boise Probate Attorney would argue the contrary.
If you don't take the advice of your Boise Divorce Attorney and change your will when you get a divorce, you could end up with this problem. The Idaho Code can help get your new spouse her share of the property but your ex spouse may still take under your original will. Just a thought!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call, (208) 472-2383 or visit our website. There you can fill out a quick contact form and one of our attorneys will get right back to you.
Today I am going to discuss probate and divorce. What do probate and divorce have to do with each other? A lot, especially when you get divorced and forget to change your will.
As a Boise Divorce Attorney, a piece of advice I always give my divorce clients is, "don't forget to change your will". People often think that once they get divorced, the "spouse" in their will will automatically mean their new spouse. That is not necessarily the case.
If you have written your will to include the language, "my spouse, Jane Doe" and then you divorce Jane Doe, will a court automatically presume you mean your new spouse Susie Q? The Idaho Probate Code has a provision that covers omitted spouses. If you write your will and you leave out your spouse, unless there is evidence to show that it was intentional, your spouse will be given the share that they would have been given if you died intestate (without a will).
So that is the easy part. If you write in your original will, "I leave my property to Jane Doe" and then you divorce and then remarry but you don't take the advice of your Boise Divorce Attorney and you don't change your will and you remarry. Then what happens? Will Jane Doe take a portion of your property, along with Susie Q. As Jane Doe's Boise Probate Attorney, I certainly would argue that she should. Of course, Susie Q's Boise Probate Attorney would argue the contrary.
If you don't take the advice of your Boise Divorce Attorney and change your will when you get a divorce, you could end up with this problem. The Idaho Code can help get your new spouse her share of the property but your ex spouse may still take under your original will. Just a thought!
If you need to speak to a Boise Divorce Attorney or a Boise Probate Attorney, please call, (208) 472-2383 or visit our website. There you can fill out a quick contact form and one of our attorneys will get right back to you.
Saturday, April 2, 2011
Boise Divorce Lawyers Attorney - Boise Family Law Attorneys Lawyer - Divorce, Custody, Family Law in Idaho
Statistics show that the divorce rate in Idaho is going up. What does than mean for you? We never want to think that it can happen to us, but given the rate of divorce in Idaho is 51% it makes sense to plan ahead. By planning ahead I don't mean planning your divorce like you would plan your estate to avoid probate. However, as a Boise Divorce Attorney I have seen situations where a little planning could have saved a marriage.
People often approach me as a Boise Divorce Attorney and ask for help with prenuptial agreements. Prenuptial agreements aren't for everyone. People think they are cold and unloving, and an acceptance that a divorce will happen. Whether you agree with creating a plan before you are married to divide property after you get a divorce, is a personal preference and just one plan available to help you avoid the divorce court like you would avoid the probate court with estate planning.
Another planning tool is counseling. People often opt for counseling when things get really bad in their marriage and it is headed for divorce. Counseling can be a valuable tool for marriages and can even sometimes prevent divorce if it isn't used as a band aid measure.
When we get married and decide to have kids the last thing on our minds is who will get custody if we get a divorce. As a Boise Divorce Attorney I often hear that parenting issues fueled the divorce. Many couples disagree on how to raise the kids, who will provide the day to day care and how decisions will be made. This is where a little planning, again like your estate plan to keep you out of probate, can pay off. If possible, before you get married, but at least during the marriage child rearing should be a regular topic of conversation.
Another area, that as a Boise Divorce Attorney, I hear has fueled divorce is finances. How you earn and spend your money can be a point of agreement or a point of contention. Making money a topic of conversation and discussion before spending becomes an issues can go a long way in preventing divorce issues.
Basically, what marriage planning is about is communication. As a Boise Divorce Attorney I would say the biggest factor in divorce that I see is a break down of communication. Preventing this break down through understanding that it can happen and taking an active role to prevent it goes a long way in preventing divorce.
Sometimes, however, divorce and an ensuing custody battle are inevitable. If anytime has been spent during the marriage working on communication, it will aid in the divorce and custody settlement. During a divorce where there are custody issues, judges in Boise will order the parties to mediation. In mediation you are given the opportunity to work out your own custody arrangement in a way that makes sense to you. If you can communicate you will get the best possible custody arrangement for each of you.
If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Attorney, please call (208)472-2383.
People often approach me as a Boise Divorce Attorney and ask for help with prenuptial agreements. Prenuptial agreements aren't for everyone. People think they are cold and unloving, and an acceptance that a divorce will happen. Whether you agree with creating a plan before you are married to divide property after you get a divorce, is a personal preference and just one plan available to help you avoid the divorce court like you would avoid the probate court with estate planning.
Another planning tool is counseling. People often opt for counseling when things get really bad in their marriage and it is headed for divorce. Counseling can be a valuable tool for marriages and can even sometimes prevent divorce if it isn't used as a band aid measure.
When we get married and decide to have kids the last thing on our minds is who will get custody if we get a divorce. As a Boise Divorce Attorney I often hear that parenting issues fueled the divorce. Many couples disagree on how to raise the kids, who will provide the day to day care and how decisions will be made. This is where a little planning, again like your estate plan to keep you out of probate, can pay off. If possible, before you get married, but at least during the marriage child rearing should be a regular topic of conversation.
Another area, that as a Boise Divorce Attorney, I hear has fueled divorce is finances. How you earn and spend your money can be a point of agreement or a point of contention. Making money a topic of conversation and discussion before spending becomes an issues can go a long way in preventing divorce issues.
Basically, what marriage planning is about is communication. As a Boise Divorce Attorney I would say the biggest factor in divorce that I see is a break down of communication. Preventing this break down through understanding that it can happen and taking an active role to prevent it goes a long way in preventing divorce.
Sometimes, however, divorce and an ensuing custody battle are inevitable. If anytime has been spent during the marriage working on communication, it will aid in the divorce and custody settlement. During a divorce where there are custody issues, judges in Boise will order the parties to mediation. In mediation you are given the opportunity to work out your own custody arrangement in a way that makes sense to you. If you can communicate you will get the best possible custody arrangement for each of you.
If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Attorney, please call (208)472-2383.
Friday, April 1, 2011
Boise Divorce Attorney - Family Law Lawyers - Custody Attorneys - Grandparents' Rights
Boise Divorce Attorney, Family Law Lawyers, Custody Attorneys, call (208) 472-2383 for a free consultation, divorce, custody, modification, child support, visitation, domestic violence, termination, adoption and all family law issues.
As a Boise Divorce Attorney, I occasionally get calls from grandparents who are raising their grand kids. Often these kids were just left with Grandma and Grandpa and neither parent has any contact with the kids. Often it is the case that there was never a divorce between the parents or, if the parents weren't married, a custody order establishing who should have custody of the children.
What can I do, as a Boise Divorce Lawyer, to help these grandparents get a legal status in relation to the grandchildren? Idaho has a statute that is called the De Facto Custodian Act. What this does is it allows grandparents, or anyone else in the postition of caring for children who were left with them, a legal status known as a de facto custodian. There are rules promulgated by the statutes as to the length of time a child must reside with a party before they can be legally considered a de facto custodian.
Once the time requirements have been met the grandparents can, by themselves or with a Boise Divorce Attorney, file a petition to be named de facto custodian and file for custody of the children. Again there are requirements that have to be met and your Boise Divorce Lawyer must show that it is in the best interest of the child for custody to be placed with the grandparents. If the parents have abandoned the children this is not necessarily a difficult task. Once the court finds that it is in the best interest of the children a custody order is issued and the grandparent's take legal custody of the children.
The order can be challenged upon the showing that it is no longer in the best interest of the children to be in the grandparents' custody. This can and does happen and when it does it can open a whole other can of worms dealing with grandparents' visitation rights which will be addressed in a later blog.
As a Boise Divorce Attorney people often ask me what type of situation results in custody being placed with a de facto custodian. In general, it occurs when the parents are involved with drugs or in criminal activity. Meth children, when Health and Welfare have not taken the children away, are a good example of where I hear the most about the need for the de facto custodian act.
If you need to speak to a Boise Divorce Attorney or have divorce or custody issues you would like to address, please call (208) 472-2383
As a Boise Divorce Attorney, I occasionally get calls from grandparents who are raising their grand kids. Often these kids were just left with Grandma and Grandpa and neither parent has any contact with the kids. Often it is the case that there was never a divorce between the parents or, if the parents weren't married, a custody order establishing who should have custody of the children.
What can I do, as a Boise Divorce Lawyer, to help these grandparents get a legal status in relation to the grandchildren? Idaho has a statute that is called the De Facto Custodian Act. What this does is it allows grandparents, or anyone else in the postition of caring for children who were left with them, a legal status known as a de facto custodian. There are rules promulgated by the statutes as to the length of time a child must reside with a party before they can be legally considered a de facto custodian.
Once the time requirements have been met the grandparents can, by themselves or with a Boise Divorce Attorney, file a petition to be named de facto custodian and file for custody of the children. Again there are requirements that have to be met and your Boise Divorce Lawyer must show that it is in the best interest of the child for custody to be placed with the grandparents. If the parents have abandoned the children this is not necessarily a difficult task. Once the court finds that it is in the best interest of the children a custody order is issued and the grandparent's take legal custody of the children.
The order can be challenged upon the showing that it is no longer in the best interest of the children to be in the grandparents' custody. This can and does happen and when it does it can open a whole other can of worms dealing with grandparents' visitation rights which will be addressed in a later blog.
As a Boise Divorce Attorney people often ask me what type of situation results in custody being placed with a de facto custodian. In general, it occurs when the parents are involved with drugs or in criminal activity. Meth children, when Health and Welfare have not taken the children away, are a good example of where I hear the most about the need for the de facto custodian act.
If you need to speak to a Boise Divorce Attorney or have divorce or custody issues you would like to address, please call (208) 472-2383
Boise Criminal Lawyers, Boise DUI Attorneys, Boise Divorce Attorney, Boise Family Law Lawyer, Boise Probate Attorneys
Boise Criminal Lawyers, DUI Attorneys, Boise Divorce Attorney, Family Law Lawyer, Boise Probate Attorneys in Idaho, (208) 472-2383, criminal defense, DUI, DWP, divorce, custody, family law, probate, wills, trusts, estates and estate planning in Idaho.
Boise Criminal Lawyers operate in the world of the criminal court. In addition to seeing a whole spectrum of crime in Idaho, every Boise Criminal Lawyer sees the penalties bestowed upon those who have committed a crime. As a Boise Criminal Lawyer, people always ask, "what penalty will I get". The best answer any criminal lawyer can offer is "it depends". There is no black and white answer because the law sets forth the maximum penalty, and sometimes the minimum penalty, but the actual penalty you receive will depend upon a variety of things. The penalty for a crime if Idaho varies based upon the judge, the prosecuting attorney, the state's lawyer, and the crime itself. Every judge looks at things differently and each prosecutor offers different plea agreements. It also depends upon if you take your case to trial or if you accept a plea agreement.
In addition the penalty an offender receives is based upon a variety of other things including the crime itself, whether it was a misdemeanor or a felony, if there were multiple crimes, if any of the crime was aggravated by the use of deadly force and how many other criminal convictions the person has received.
Often, when the party being charged with the crime is not a repeat offender, the penalty will be less. Judges will give, or prosecuting attorneys will offer suspended portions of the sentence. A good example of this is jail time. If a crime sets a maximum penalty of 30 days in jail, a judge might order 30 days with all 30 days suspended. So, does this mean that you are off scott free? Not necessarily. When you commit a crime in Idaho you are also placed on probation, or parole if the original sentence included time in the state penitentiary. What probation or parole does is places a time frame where if you commit another crime, or violate any term of your probation or parole while you are on probation or parole, the judge can cause the entire suspended sentence to be reinstated and you will have to serve or pay any portion of the penalty that was suspended.
If you need to speak to an attorney, including a Boise Criminal Lawyer or a Boise DUI Attorney, a Boise Divorce Attorney, a Boise Probate Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you. Please let our attorneys know the best way to contact you.
Boise Criminal Lawyers operate in the world of the criminal court. In addition to seeing a whole spectrum of crime in Idaho, every Boise Criminal Lawyer sees the penalties bestowed upon those who have committed a crime. As a Boise Criminal Lawyer, people always ask, "what penalty will I get". The best answer any criminal lawyer can offer is "it depends". There is no black and white answer because the law sets forth the maximum penalty, and sometimes the minimum penalty, but the actual penalty you receive will depend upon a variety of things. The penalty for a crime if Idaho varies based upon the judge, the prosecuting attorney, the state's lawyer, and the crime itself. Every judge looks at things differently and each prosecutor offers different plea agreements. It also depends upon if you take your case to trial or if you accept a plea agreement.
In addition the penalty an offender receives is based upon a variety of other things including the crime itself, whether it was a misdemeanor or a felony, if there were multiple crimes, if any of the crime was aggravated by the use of deadly force and how many other criminal convictions the person has received.
Often, when the party being charged with the crime is not a repeat offender, the penalty will be less. Judges will give, or prosecuting attorneys will offer suspended portions of the sentence. A good example of this is jail time. If a crime sets a maximum penalty of 30 days in jail, a judge might order 30 days with all 30 days suspended. So, does this mean that you are off scott free? Not necessarily. When you commit a crime in Idaho you are also placed on probation, or parole if the original sentence included time in the state penitentiary. What probation or parole does is places a time frame where if you commit another crime, or violate any term of your probation or parole while you are on probation or parole, the judge can cause the entire suspended sentence to be reinstated and you will have to serve or pay any portion of the penalty that was suspended.
If you need to speak to an attorney, including a Boise Criminal Lawyer or a Boise DUI Attorney, a Boise Divorce Attorney, a Boise Probate Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383. You can also visit our website and fill out a quick contact form and one of our lawyers will get right back to you. Please let our attorneys know the best way to contact you.
Thursday, March 31, 2011
Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorneys Lawyer - Community Property
Boise Divorce Attorney, Boise Family Law Lawyers, Boise Custody Attorneys, Idaho Lawyer, call (208) 472-2383, divorce, custody, child support, modification, termination, adoption, domestic violence and all family law issues in Idaho.
For Boise Divorce Attorneys, community property is a way of life. If you practice as a Boise Divorce Attorney you are intricately familiar with the Idaho Code sections involving domestic relations.
As a Boise Divorce Attorney I often get phones calls from people in the middle of a marital dispute. Sometimes they have criminal law issues such as domestic violence but sometimes the criminal law issues actually require the help of a Boise Criminal Lawyer. When community property is destroyed by one party or the other, a criminal action may be filed. The destruction of community property falls under the Idaho Code regulating malicious injury to property and trespass. Boise Criminal Lawyers often see this statute in the context of a divorce situation.
Malicious destruction of community property carries the same criminal penalty as when the crime involves property outside a marriage and divorce context. It is divided into either a misdemeanor or a felony crime and is dependent upon the value of the property.
If you have a divorce issue or a criminal law issue and you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.
For Boise Divorce Attorneys, community property is a way of life. If you practice as a Boise Divorce Attorney you are intricately familiar with the Idaho Code sections involving domestic relations.
As a Boise Divorce Attorney I often get phones calls from people in the middle of a marital dispute. Sometimes they have criminal law issues such as domestic violence but sometimes the criminal law issues actually require the help of a Boise Criminal Lawyer. When community property is destroyed by one party or the other, a criminal action may be filed. The destruction of community property falls under the Idaho Code regulating malicious injury to property and trespass. Boise Criminal Lawyers often see this statute in the context of a divorce situation.
Malicious destruction of community property carries the same criminal penalty as when the crime involves property outside a marriage and divorce context. It is divided into either a misdemeanor or a felony crime and is dependent upon the value of the property.
If you have a divorce issue or a criminal law issue and you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.
Divorce Attorneys in Boise - Idaho Family Law Lawyers - Custody Attorney Paternity Lawyer - Paternity Determination
Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, call (208) 472-2383, divorce, custody, paternity, child support, modification, visitation, adoption, termination, domestic violence and all family law issues.
As a Boise Divorce Attorney when dealing with divorce or custody cases, the issue of paternity often comes up. There are many reasons why a Boise Divorce Attorney may want to establish or disestablish paternity. Child support and visitation are the most common reasons why Boise Divorce Attorneys request that paternity testing is done. Divorce Lawyers in Boise also deal with establishing paternity in relation to the Idaho Department of Health and Welfare when a child is on state assistance such as Medicaid.
There are two ways which Boise Divorce Lawyers can deal with establishing paternity in Idaho. The first and most obvious is the paternity test. This is a fairly expensive test, though less so than in the past. The Idaho Department of Health and Welfare requires this test for all children on state assistance born out of wedlock. Why does the Idaho Department of Health and Welfare require that paternity testing be done? When a mother is on state assistance, the state collects child support from the father of the child as a means of reimbursement for state services and to ensure support for the child. Requiring a paternity test ensures that the State of Idaho is collecting support from the right father for the right child.
As a Boise Divorce Attorney sometimes clients tell me there is no issue of paternity for their child who was born out of wedlock, but will an Idaho Court accept paternity of a child born out of wedlock based upon a parental statement? In fact, they will if the proper criteria are met. There are three people involved in a paternity statement when a child is born out of wedlock and each of these three people must make a sworn statement to the Court declaring paternity. Firstly, the mother must swear that the child was conceived either out of wedlock or prior to the marriage and at that time she did not have sexual relations with her current husband. Secondly, the husband must swear that he did not have sexual relations with the mother before they were married. Finally, the father of the child must swear that he had sexual relations with the mother before she got married to her current husband. Now, can you imagine this ever happening? Boise Divorce Attorneys can attest to the fact that this, in fact, does occasionally happen.
So what happens if these three parties swear to paternity and at some point down the road the parties are estranged, a divorce and custody battle ensues and it turns out that the child is actually the child of the husband? Sounds like a soap opera, doesn't it? But, as a Boise Divorce Attorney, I can tell you it does actually happen. Here it can get ugly. If your Boise Divorce Lawyer can prove that the mother of the child was intentionally lying and knew who the real father was, she can be ordered to pay back the child support that was paid to her. While this does not rise to the level of a criminal law issue and you won't need a Boise Criminal Attorney to defend you, the court does not look kindly on this. Boise Criminal Lawyers see cases of fraud like this all the time, but this particular form of deceit is handled by a domestic statute rather than by a criminal law statute. If there is no proof to that effect, your Boise Divorce Attorneys will submit a new order to the court stating who the father is and what the child support amount should be.
If you have a paternity issue or any other Idaho Family Law issue and need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383 or visit our website and fill out a quick contact form. One of our Boise Divorce Attorneys or Boise Family Law Lawyers will get right back to you.
In addition to Family Law issues, Kershisnik Law handles criminal law issues including DUI, probate, personal injury, small business and employment law.
As a Boise Divorce Attorney when dealing with divorce or custody cases, the issue of paternity often comes up. There are many reasons why a Boise Divorce Attorney may want to establish or disestablish paternity. Child support and visitation are the most common reasons why Boise Divorce Attorneys request that paternity testing is done. Divorce Lawyers in Boise also deal with establishing paternity in relation to the Idaho Department of Health and Welfare when a child is on state assistance such as Medicaid.
There are two ways which Boise Divorce Lawyers can deal with establishing paternity in Idaho. The first and most obvious is the paternity test. This is a fairly expensive test, though less so than in the past. The Idaho Department of Health and Welfare requires this test for all children on state assistance born out of wedlock. Why does the Idaho Department of Health and Welfare require that paternity testing be done? When a mother is on state assistance, the state collects child support from the father of the child as a means of reimbursement for state services and to ensure support for the child. Requiring a paternity test ensures that the State of Idaho is collecting support from the right father for the right child.
As a Boise Divorce Attorney sometimes clients tell me there is no issue of paternity for their child who was born out of wedlock, but will an Idaho Court accept paternity of a child born out of wedlock based upon a parental statement? In fact, they will if the proper criteria are met. There are three people involved in a paternity statement when a child is born out of wedlock and each of these three people must make a sworn statement to the Court declaring paternity. Firstly, the mother must swear that the child was conceived either out of wedlock or prior to the marriage and at that time she did not have sexual relations with her current husband. Secondly, the husband must swear that he did not have sexual relations with the mother before they were married. Finally, the father of the child must swear that he had sexual relations with the mother before she got married to her current husband. Now, can you imagine this ever happening? Boise Divorce Attorneys can attest to the fact that this, in fact, does occasionally happen.
So what happens if these three parties swear to paternity and at some point down the road the parties are estranged, a divorce and custody battle ensues and it turns out that the child is actually the child of the husband? Sounds like a soap opera, doesn't it? But, as a Boise Divorce Attorney, I can tell you it does actually happen. Here it can get ugly. If your Boise Divorce Lawyer can prove that the mother of the child was intentionally lying and knew who the real father was, she can be ordered to pay back the child support that was paid to her. While this does not rise to the level of a criminal law issue and you won't need a Boise Criminal Attorney to defend you, the court does not look kindly on this. Boise Criminal Lawyers see cases of fraud like this all the time, but this particular form of deceit is handled by a domestic statute rather than by a criminal law statute. If there is no proof to that effect, your Boise Divorce Attorneys will submit a new order to the court stating who the father is and what the child support amount should be.
If you have a paternity issue or any other Idaho Family Law issue and need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call, (208) 472-2383 or visit our website and fill out a quick contact form. One of our Boise Divorce Attorneys or Boise Family Law Lawyers will get right back to you.
In addition to Family Law issues, Kershisnik Law handles criminal law issues including DUI, probate, personal injury, small business and employment law.
Wednesday, March 30, 2011
Boise Divorce Attorney - Boise Family Law Lawyers - Boise Custody Attorney - Out of State Custody Issues
Boise Divorce Attorney, Boise Family Law Lawyers, Boise Custody Attorney, call (208) 472-2383 free consultation, divorce, custody, modification, visitation, child support, adoption, termination, domestic violence, all family law issues.
Custody issues are routinely litigated in Idaho Courts, but when can you bring a custody issue in an Idaho Court? This is a regular question heard by Boise Divorce Attorneys. You can file for divorce in Idaho after you have resided here for six weeks. Custody, however, is a different issue. You cannot file for custody in Idaho unless the child has resided here for 6 months.
As a Boise Divorce Attorney I often see cases where the parties have lived in a different jurisdiction, they decide to divorce and one party or the other moves to Idaho. They often don't file for divorce until they come to Idaho. So what happens when they move here and want to divorce and have their custody issues heard? They can file for divorce, but they cannot have an Idaho Court hear their custody issues for 6 months. In a sense, this is a bifurcated action.
As a Boise Divorce Attorney, I regularly see people who have left one jurisdiction or the other without the consent of the other parent. So, what happens then? Can the other parent can file for custody, and for divorce in the state where they reside? There is something known as the Uniform Child Custody Act which allows an Idaho Court to throw the custody issues back to the child's home state. But the act also does allow an Idaho Court to exercise jurisdiction if there is an imminent danger to the child. Boise Divorce Lawyers often see this when one parent won't allow another parent to exercise visitation across state lines. Another issue where Boise Divorce Lawyers see the Uniform Child Custody Act in action is when one parent moves to another state with the child without the other parent's permission.
So what happens when one parent moves to Idaho with a child and the other parent has never set foot in Idaho? Does Idaho have jurisdiction over the child? If the parent not residing in Idaho does nothing for 6 months then Idaho can exercise jurisdiction. But, as a Boise Divorce Attorney I would not suggest that you do nothing. There are special rules about jurisdiction and if you have never been to Idaho you will want a Boise Divorce Attorney to file a special appearance for you so that Idaho cannot exercise jurisdiction over you. An analogy for this might be if you committed a crime in state x, you could not be tried in Idaho for that crime because you do not have any contact in Idaho. Any Boise Criminal Lawyer would never allow you to submit yourself to Idaho jurisdiction. Likewise, if you have never been to Idaho, an Idaho Court will not here your custody issue, unless your child has been here for 6 months. So if you don't live in Idaho but a custody action is filed here before the child lives here for 6 months, a Boise Divorce Lawyer will go to court for you to tell the Idaho Court that it does not have control over you. The odd thing is that if you, yourself come to Idaho, then Idaho can exercise jurisdiction over you. Boise Divorce Attorneys facing this issue will inform the court that they do not have jurisdiction over you or the child and therefore the custody issue cannot be heard in Idaho, unless of course there is imminent harm to the child. Just like Boise Criminal Lawyers, Boise Divorce Lawyers want to make certain that you do not subject yourself to jurisdiction when no control is warranted by an Idaho Court.
If you have a custody issue in Idaho or are seeking a divorce in Idaho and you need to speak to a Boise Family Law Lawyer, please call, (208) 472-2383 or visit our website. Here you will find a quick contact form. If you fill it out one of our Boise Divorce Lawyers or Boise Family Law Lawyers will contact you immediately.
Custody issues are routinely litigated in Idaho Courts, but when can you bring a custody issue in an Idaho Court? This is a regular question heard by Boise Divorce Attorneys. You can file for divorce in Idaho after you have resided here for six weeks. Custody, however, is a different issue. You cannot file for custody in Idaho unless the child has resided here for 6 months.
As a Boise Divorce Attorney I often see cases where the parties have lived in a different jurisdiction, they decide to divorce and one party or the other moves to Idaho. They often don't file for divorce until they come to Idaho. So what happens when they move here and want to divorce and have their custody issues heard? They can file for divorce, but they cannot have an Idaho Court hear their custody issues for 6 months. In a sense, this is a bifurcated action.
As a Boise Divorce Attorney, I regularly see people who have left one jurisdiction or the other without the consent of the other parent. So, what happens then? Can the other parent can file for custody, and for divorce in the state where they reside? There is something known as the Uniform Child Custody Act which allows an Idaho Court to throw the custody issues back to the child's home state. But the act also does allow an Idaho Court to exercise jurisdiction if there is an imminent danger to the child. Boise Divorce Lawyers often see this when one parent won't allow another parent to exercise visitation across state lines. Another issue where Boise Divorce Lawyers see the Uniform Child Custody Act in action is when one parent moves to another state with the child without the other parent's permission.
So what happens when one parent moves to Idaho with a child and the other parent has never set foot in Idaho? Does Idaho have jurisdiction over the child? If the parent not residing in Idaho does nothing for 6 months then Idaho can exercise jurisdiction. But, as a Boise Divorce Attorney I would not suggest that you do nothing. There are special rules about jurisdiction and if you have never been to Idaho you will want a Boise Divorce Attorney to file a special appearance for you so that Idaho cannot exercise jurisdiction over you. An analogy for this might be if you committed a crime in state x, you could not be tried in Idaho for that crime because you do not have any contact in Idaho. Any Boise Criminal Lawyer would never allow you to submit yourself to Idaho jurisdiction. Likewise, if you have never been to Idaho, an Idaho Court will not here your custody issue, unless your child has been here for 6 months. So if you don't live in Idaho but a custody action is filed here before the child lives here for 6 months, a Boise Divorce Lawyer will go to court for you to tell the Idaho Court that it does not have control over you. The odd thing is that if you, yourself come to Idaho, then Idaho can exercise jurisdiction over you. Boise Divorce Attorneys facing this issue will inform the court that they do not have jurisdiction over you or the child and therefore the custody issue cannot be heard in Idaho, unless of course there is imminent harm to the child. Just like Boise Criminal Lawyers, Boise Divorce Lawyers want to make certain that you do not subject yourself to jurisdiction when no control is warranted by an Idaho Court.
If you have a custody issue in Idaho or are seeking a divorce in Idaho and you need to speak to a Boise Family Law Lawyer, please call, (208) 472-2383 or visit our website. Here you will find a quick contact form. If you fill it out one of our Boise Divorce Lawyers or Boise Family Law Lawyers will contact you immediately.
Tuesday, March 29, 2011
Boise Divorce Attorney - Custody Lawyers - Family Law Attorneys - Name Change in Idaho
Boise Divorce Attorney, Boise Custody Lawyers, Boise Family Law Attorneys in Idaho, call (208) 472-2383, free consultation or visit www.lawboiseid.com, divorce, custody, support, all family law matters.
Boise Family Law Attorneys frequently get the question of, "how do I change my name in Idaho" or "can I change my name in Idaho"? There are many instances where you might want to change your name. For example, you might consult a Boise Divorce Attorney about a name change if your divorce decree did not order your name be changed and you decide that you would like to have your maiden name back. Another situation where a name change would be in order would be in an adoption situation. In the original adoption you can request that the child's name be changed but if it was omitted for some reason, a Boise Family Law Lawyer can file a separate petition for name change. Still another reason you might seek a name change would be in a custody situation. If one parent is ordered sole legal custody, for example, that parent may want to discuss the possibility of a name change with a Boise Custody Attorney. A final example of a name change that doesn't involve divorce, custody or adoption, is personal preference. Boise Family Law Lawyers sometimes hear that people simply don't like their names, and they can help you to change your name legally.
Boise Divorce Attorneys regularly request that a party's name be changed back to their maiden name pursuant to a divorce decree. Boise Custody Lawyers also regularly request that a child's name be changed when sole custody is ordered. Likewise, Boise Family Law Lawyers regularly request that a child's name be changed pursuant to an adoption. What then do you do if this request is not made, or you simply want to change your name?
Name change is a fairly simple process. Idaho Code Title 7 Chapter 8 deals with a name change in Idaho. You must file a petition in the county where you reside. In addition, the petition must state your current name, proposed name change, reason for changing it, your place of birth and where you reside. Once your petition is filed you must run a notice in your local paper for 4 consecutive weeks. After that time has run you can have a hearing for your name change.
The four weeks gives parties who might object to your name change a chance to hire an attorney and contest the name change.
If you need to speak to a Boise Family Law Lawyer, please call (208) 472-2383 or visit one of our websites. www.lawboiseid.com or www.divorceboiseid.com. Here you will find helpful information about family law, divorce, adoption and custody in Idaho. You will also find a quick contact form. You can fill out the form and one of our Boise Divorce Attorneys or Boise Family Law Lawyers will get back to you immediately.
Boise Family Law Attorneys frequently get the question of, "how do I change my name in Idaho" or "can I change my name in Idaho"? There are many instances where you might want to change your name. For example, you might consult a Boise Divorce Attorney about a name change if your divorce decree did not order your name be changed and you decide that you would like to have your maiden name back. Another situation where a name change would be in order would be in an adoption situation. In the original adoption you can request that the child's name be changed but if it was omitted for some reason, a Boise Family Law Lawyer can file a separate petition for name change. Still another reason you might seek a name change would be in a custody situation. If one parent is ordered sole legal custody, for example, that parent may want to discuss the possibility of a name change with a Boise Custody Attorney. A final example of a name change that doesn't involve divorce, custody or adoption, is personal preference. Boise Family Law Lawyers sometimes hear that people simply don't like their names, and they can help you to change your name legally.
Boise Divorce Attorneys regularly request that a party's name be changed back to their maiden name pursuant to a divorce decree. Boise Custody Lawyers also regularly request that a child's name be changed when sole custody is ordered. Likewise, Boise Family Law Lawyers regularly request that a child's name be changed pursuant to an adoption. What then do you do if this request is not made, or you simply want to change your name?
Name change is a fairly simple process. Idaho Code Title 7 Chapter 8 deals with a name change in Idaho. You must file a petition in the county where you reside. In addition, the petition must state your current name, proposed name change, reason for changing it, your place of birth and where you reside. Once your petition is filed you must run a notice in your local paper for 4 consecutive weeks. After that time has run you can have a hearing for your name change.
The four weeks gives parties who might object to your name change a chance to hire an attorney and contest the name change.
If you need to speak to a Boise Family Law Lawyer, please call (208) 472-2383 or visit one of our websites. www.lawboiseid.com or www.divorceboiseid.com. Here you will find helpful information about family law, divorce, adoption and custody in Idaho. You will also find a quick contact form. You can fill out the form and one of our Boise Divorce Attorneys or Boise Family Law Lawyers will get back to you immediately.
Saturday, March 26, 2011
Boise DUI Lawyers - Idaho Criminal Attorneys - Military DUI
Boise DUI Lawyers, Idaho Criminal Attorneys, Boise Divorce Attorney, Idaho Family Law Lawyer, call (208) 472-2383, DUI, DWP Criminal Defense, Divorce, Custody, Family Law, Military Divorce, Military DUI.
Being charged with a DUI is one thing, but being charged with a military DUI or being a civilian and being charged with a DUI on a military base is something entirely different. Just like military divorce and custody issues, military DUI issues have additional rules and laws and therefore a military DUI will have additional consequences and penalties.
Boise DUI Lawyers who specialize in military cases are intricately familiar with the different types of cases involving the military and a DUI.
The first type of military DUI is when a member of the United States Armed Services gets a DUI off a military base. In a non-military DUI, Boise DUI Lawyers are dealing with two different aspects of the driving under the influence case. First, there is an administrative aspect, where the Boise DUI Lawyer deals with the Idaho Department of Transportation. Here, you will receive an administrative suspension of your driver's license. The second aspect of the DUI is where you and your Boise DUI Attorney go to an Idaho Court and deal with Idaho Law. Here you face the court and the state's lawyer, the prosecuting attorney, and ultimately you are convicted, plea or found not guilty to a DUI.
If you are a service member and you get a DUI, not only do you have to deal with this aspect of your driving under the influence charge, but you also have to deal with military rules and penalties. These are outlined in Article 111 of the Uniform Code of Military Justice and the Manual for Court Martial. You are potentially on for a stiffer sentence, because in addition to state court penalties including fines, possible jail time, license suspension, alcohol evaluation, a functioning vehicle ignition interlock device and probation, you can receive additional penalties from the military court. These can include a rank reduction, pay reduction, loss of security clearance, additional fines, a reprimand or even a dishonorable discharge. There is no maximum penalty set by military law for a military DUI. There are additional penalties because the military has its own jurisdiction and just like military divorce and custody there are additional rules promulgated by the military.
A second DUI issue involving the military that Boise DUI Lawyers see is when a civilian gets a DUI on a military base. You likely will be charged in Federal Court instead of Idaho Court, but depending upon where you were charged and if there is overlapping jurisdiction you may be charged by an Idaho State Court. You will receive a letter in the mail informing you what court your case will be brought in so it is very important that you keep your eyes open for this. If it is in Idaho Court, you will need a Boise DUI Lawyer. If it is in Federal Court you will need a Boise DUI Attorney who practices in Federal Court. Even if your case is brought in Federal Court, in general Idaho Law will apply because of a principle called assimilation which allows Idaho Law to be used. The penalties in general mirror state penalties but the Federal Prosecuting Attorneys have more ability to be flexible than State Prosecuting Attorneys and consequently it can actually be easier to avoid jail time and probationary periods.
The military is a world of its own. It has its own jurisdiction as well as concurrent jurisdiction with individual states. Whether the issue is one of a criminal charge, a DUI or matters of divorce, custody or contract, to name a few, there are often special rules involving military cases.
If you have a military issue and need to speak to a Boise DUI Lawyer or Criminal Attorney, or a Boise Divorce Attorney or Family Law or Custody Lawyer who deals with military DUI, military criminal defense, military divorce or military family law and custody issues, please call, (208) 472-2383. You can also visit one of our websites for more information. On our website there is a quick contact form. You can fill this out and one of our Boise Divorce Attorneys, Boise DUI Lawyers or Boise Criminal Lawyers will get right back to you.
You can also visit us for more information on divorce, custody, family law, DUI, DWP and numerous crimes in Idaho.
Being charged with a DUI is one thing, but being charged with a military DUI or being a civilian and being charged with a DUI on a military base is something entirely different. Just like military divorce and custody issues, military DUI issues have additional rules and laws and therefore a military DUI will have additional consequences and penalties.
Boise DUI Lawyers who specialize in military cases are intricately familiar with the different types of cases involving the military and a DUI.
The first type of military DUI is when a member of the United States Armed Services gets a DUI off a military base. In a non-military DUI, Boise DUI Lawyers are dealing with two different aspects of the driving under the influence case. First, there is an administrative aspect, where the Boise DUI Lawyer deals with the Idaho Department of Transportation. Here, you will receive an administrative suspension of your driver's license. The second aspect of the DUI is where you and your Boise DUI Attorney go to an Idaho Court and deal with Idaho Law. Here you face the court and the state's lawyer, the prosecuting attorney, and ultimately you are convicted, plea or found not guilty to a DUI.
If you are a service member and you get a DUI, not only do you have to deal with this aspect of your driving under the influence charge, but you also have to deal with military rules and penalties. These are outlined in Article 111 of the Uniform Code of Military Justice and the Manual for Court Martial. You are potentially on for a stiffer sentence, because in addition to state court penalties including fines, possible jail time, license suspension, alcohol evaluation, a functioning vehicle ignition interlock device and probation, you can receive additional penalties from the military court. These can include a rank reduction, pay reduction, loss of security clearance, additional fines, a reprimand or even a dishonorable discharge. There is no maximum penalty set by military law for a military DUI. There are additional penalties because the military has its own jurisdiction and just like military divorce and custody there are additional rules promulgated by the military.
A second DUI issue involving the military that Boise DUI Lawyers see is when a civilian gets a DUI on a military base. You likely will be charged in Federal Court instead of Idaho Court, but depending upon where you were charged and if there is overlapping jurisdiction you may be charged by an Idaho State Court. You will receive a letter in the mail informing you what court your case will be brought in so it is very important that you keep your eyes open for this. If it is in Idaho Court, you will need a Boise DUI Lawyer. If it is in Federal Court you will need a Boise DUI Attorney who practices in Federal Court. Even if your case is brought in Federal Court, in general Idaho Law will apply because of a principle called assimilation which allows Idaho Law to be used. The penalties in general mirror state penalties but the Federal Prosecuting Attorneys have more ability to be flexible than State Prosecuting Attorneys and consequently it can actually be easier to avoid jail time and probationary periods.
The military is a world of its own. It has its own jurisdiction as well as concurrent jurisdiction with individual states. Whether the issue is one of a criminal charge, a DUI or matters of divorce, custody or contract, to name a few, there are often special rules involving military cases.
If you have a military issue and need to speak to a Boise DUI Lawyer or Criminal Attorney, or a Boise Divorce Attorney or Family Law or Custody Lawyer who deals with military DUI, military criminal defense, military divorce or military family law and custody issues, please call, (208) 472-2383. You can also visit one of our websites for more information. On our website there is a quick contact form. You can fill this out and one of our Boise Divorce Attorneys, Boise DUI Lawyers or Boise Criminal Lawyers will get right back to you.
You can also visit us for more information on divorce, custody, family law, DUI, DWP and numerous crimes in Idaho.
Wednesday, March 23, 2011
Boise Divorce Attorney - Child Custody Lawyers - Family Law Attorneys - Divorce Statistics in Idaho
Boise Divorce Attorney Lawyers, Custody Attorneys Lawyer, (208) 472-2383, free consultation, divorce, custody, family law in Idaho.
Divorce statistics are obviously interesting to Boise Divorce Attorneys. As a Boise Divorce Attorney I see correlation between increased divorce clientele and the statistical divorce rate.
The United States Census Bureau keeps and distributes statistics on individuals and businesses in the United States as well as for individual states. Every 10 years a new census is taken. Often these statistics are compared to previous years and take different angles on information assessed.
As a Boise Divorce Attorney I am interested in the rate of marriage and divorce in Idaho. The marriage rate in Idaho increased only slightly between 1990 and 2008. In 1990 there were 14,100 marriages. In 2008 there were 14,600 (census.gov). In comparison to the leveling off of marriage in Idaho, the divorce rate increased substantially. In 1990 there were 6,600 divorces. By 2008, there were 7,400. In 1990 the divorce rate in Idaho was just under 47%. By 2008 the divorce rate increased to just under 51%. How does Idaho compare to the United States? While the Census Bureau has not provided those percentages for 2008, there is a general consensus that the divorce rate hovers between 50-51%.
Another interesting factor to Boise Divorce Attorneys is the actual decline in anniversaries celebrated. As a Boise Divorce Attorney I often hear couples lament that a divorce is happening between them or their friends after numerous years of marriage. This, it turns out, is more common than you would think. The Census Bureau reports that the number of couples reaching subsequently more years of marriage declines at a fairly rapid rate. For example, in 1959 96.4% of men and 94% of women reached their 5th anniversary. By the fortieth anniversary, only 61.4% of men and 54.7% of women were still married. In contrast, by 1994 only 89.4% of men and 87.2% of women reached their 5th anniversary and only 70% of men and 69.2% of women reached their 10th anniversary.
Another interesting statistic to Boise Divorce Lawyers and Custody Attorneys reported by the Census Bureau is the number of households living without a spouse. In 1990 there were 2,884,000 men and 10,890,000 women living in a household in without a spouse. By 2009 that number increased to 5,252,000 for men and 14,480,000 women living in a household without a spouse. Of those household, 22.8 % of of children under 18 lived solely with their mother and only 3.4% were living in the sole custody of their fathers. What that statistic translates into for Boise Divorce Lawyers is more kids living with only one parent and more custody issues.
An interesting factor reported by the Census Bureau, but without context or explanation as to how it fits within divorce and custody statistics, is that the number of stay-at-home parents has increased by 749,000 between 1995 and 2009.
After reviewing these statistics it is clear that the number of divorce and custody cases in Idaho is on the increase. While statistics are interesting they just address the facts. They don't shed any light on the cause of divorce or the increase in the number of divorce cases.
If you are experiencing a situation with your marriage and need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383 On our website you will find a quick contact form. You can fill that out and one of our Boise Divorce Attorneys will contact you immediately.
Divorce statistics are obviously interesting to Boise Divorce Attorneys. As a Boise Divorce Attorney I see correlation between increased divorce clientele and the statistical divorce rate.
The United States Census Bureau keeps and distributes statistics on individuals and businesses in the United States as well as for individual states. Every 10 years a new census is taken. Often these statistics are compared to previous years and take different angles on information assessed.
As a Boise Divorce Attorney I am interested in the rate of marriage and divorce in Idaho. The marriage rate in Idaho increased only slightly between 1990 and 2008. In 1990 there were 14,100 marriages. In 2008 there were 14,600 (census.gov). In comparison to the leveling off of marriage in Idaho, the divorce rate increased substantially. In 1990 there were 6,600 divorces. By 2008, there were 7,400. In 1990 the divorce rate in Idaho was just under 47%. By 2008 the divorce rate increased to just under 51%. How does Idaho compare to the United States? While the Census Bureau has not provided those percentages for 2008, there is a general consensus that the divorce rate hovers between 50-51%.
Another interesting factor to Boise Divorce Attorneys is the actual decline in anniversaries celebrated. As a Boise Divorce Attorney I often hear couples lament that a divorce is happening between them or their friends after numerous years of marriage. This, it turns out, is more common than you would think. The Census Bureau reports that the number of couples reaching subsequently more years of marriage declines at a fairly rapid rate. For example, in 1959 96.4% of men and 94% of women reached their 5th anniversary. By the fortieth anniversary, only 61.4% of men and 54.7% of women were still married. In contrast, by 1994 only 89.4% of men and 87.2% of women reached their 5th anniversary and only 70% of men and 69.2% of women reached their 10th anniversary.
Another interesting statistic to Boise Divorce Lawyers and Custody Attorneys reported by the Census Bureau is the number of households living without a spouse. In 1990 there were 2,884,000 men and 10,890,000 women living in a household in without a spouse. By 2009 that number increased to 5,252,000 for men and 14,480,000 women living in a household without a spouse. Of those household, 22.8 % of of children under 18 lived solely with their mother and only 3.4% were living in the sole custody of their fathers. What that statistic translates into for Boise Divorce Lawyers is more kids living with only one parent and more custody issues.
An interesting factor reported by the Census Bureau, but without context or explanation as to how it fits within divorce and custody statistics, is that the number of stay-at-home parents has increased by 749,000 between 1995 and 2009.
After reviewing these statistics it is clear that the number of divorce and custody cases in Idaho is on the increase. While statistics are interesting they just address the facts. They don't shed any light on the cause of divorce or the increase in the number of divorce cases.
If you are experiencing a situation with your marriage and need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383 On our website you will find a quick contact form. You can fill that out and one of our Boise Divorce Attorneys will contact you immediately.
Monday, March 21, 2011
Boise Divorce Attorney - Boise Criminal Lawyer - Boise DUI Lawyer - Boise Probate Attorney - Boise Personal Injury Lawyer - Employment Law - Small Business
Boise Divorce Attorney, Boise Criminal Lawyer, Boise Probate Attorney, Boise Personal Injury Lawyer, (208) 472-2383, for a free consultation, Divorce, Custody, Family Law, Criminal Defense, DUI, DWP, Probate, Wills, Estates and Trusts, Personal Injury.
What can the lawyers at Kershisnik Law do for you? Here is an overview of our attorney services:
Boise Divorce Attorney- Kershisnik Law's attorneys provide all family law legal services including divorce, custody, modification, child support, visitation, termination, adoption and domestic violence. Divorce, custody and family law services are provided in Boise and the surrounding areas, including Ada, Canyon, Elmore, Owyhee, Washington, Boise and Valley Counties. A Boise Divorce Attorney from Kershisnik Law will help you resolve your divorce and custody issues and help you through all areas of family law in Idaho.
Boise Criminal Lawyer - Kershisnik Law provides all criminal defense, including assault and battery, aggravated assault, burglary, theft, possession, drug charges, marijuana and meth possession, sex crimes, indecent exposure, lewd and lascivious conduct, child porn possession, internet crime, forgery and all criminal law issues, including parole violation, probation violation and post judgment relief. The Boise Criminal Lawyers at Kershisnik Law practice throughout the Treasure Valley and the surrounding areas. The Criminal Lawyers at Kershisnik Law know Idaho Law and will help you through the criminal law system. Whether you wish to seek a plea agreement or you want to take your case to trial, Kershisnik Law can provide you experience at a price you can afford.
Boise DUI Lawyer - Kershisnik Law provides legal representation for DUI, DWP and all driving under the influence related crime in Idaho, including 1st time, 2nd time and 3rd time DUI, excessive DUI, felony and misdemeanor DUI.
Boise Probate Attorneys - Kershisnik Law provides Estate Planning and Probate Services including, Wills, Estates, Trusts and Probate. An Estate plan helps you have control over your estate. You can decide who gets what property through the use of a will, or a trust and you can influence how much, if any, taxes will need to be paid on your estate in probate. One of our Probate or Estate Planning Attorneys can help you plan your estate the way that you want it - the way that works best for you.
Boise Personal Injury Lawyers - Kershisnik Law provides legal representation for personal injury, including injuries incurred as a result of car accidents, slip and fall, dog bite, premise liablity, product liability, DUI, and all accident injury. A Personal Injury Lawyer will negotiate a settlement on your behalf with the insurance companies or litigate your personal injury case if it is necessary to take it to trial to make you whole.
Boise Employment Attorneys - Kershisnik Law offers representation for wage claim cases, wrongful termination, discrimination and harassment. During these hard economic times, an employment attorney can help you get a money settlement when you have been wrongly terminated or have not had your wages paid. In addition, an employment lawyer can help bring you justice when your rights have been violated.
Boise Small Business Attorney - Kershisnik Law provides small business legal services such as small business formation, dissolution and operating agreements. Kershisnik Law also provides a whole range of services involving small business in Idaho.
If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer, a Boise DUI Lawyer, Boise Personal Injury Lawyers, Boise Probate Attorneys, Boise Employment Lawyers or Boise Small Business Attorneys, please call (208) 472-2383. You will be glad you did.
What can the lawyers at Kershisnik Law do for you? Here is an overview of our attorney services:
Boise Divorce Attorney- Kershisnik Law's attorneys provide all family law legal services including divorce, custody, modification, child support, visitation, termination, adoption and domestic violence. Divorce, custody and family law services are provided in Boise and the surrounding areas, including Ada, Canyon, Elmore, Owyhee, Washington, Boise and Valley Counties. A Boise Divorce Attorney from Kershisnik Law will help you resolve your divorce and custody issues and help you through all areas of family law in Idaho.
Boise Criminal Lawyer - Kershisnik Law provides all criminal defense, including assault and battery, aggravated assault, burglary, theft, possession, drug charges, marijuana and meth possession, sex crimes, indecent exposure, lewd and lascivious conduct, child porn possession, internet crime, forgery and all criminal law issues, including parole violation, probation violation and post judgment relief. The Boise Criminal Lawyers at Kershisnik Law practice throughout the Treasure Valley and the surrounding areas. The Criminal Lawyers at Kershisnik Law know Idaho Law and will help you through the criminal law system. Whether you wish to seek a plea agreement or you want to take your case to trial, Kershisnik Law can provide you experience at a price you can afford.
Boise DUI Lawyer - Kershisnik Law provides legal representation for DUI, DWP and all driving under the influence related crime in Idaho, including 1st time, 2nd time and 3rd time DUI, excessive DUI, felony and misdemeanor DUI.
Boise Probate Attorneys - Kershisnik Law provides Estate Planning and Probate Services including, Wills, Estates, Trusts and Probate. An Estate plan helps you have control over your estate. You can decide who gets what property through the use of a will, or a trust and you can influence how much, if any, taxes will need to be paid on your estate in probate. One of our Probate or Estate Planning Attorneys can help you plan your estate the way that you want it - the way that works best for you.
Boise Personal Injury Lawyers - Kershisnik Law provides legal representation for personal injury, including injuries incurred as a result of car accidents, slip and fall, dog bite, premise liablity, product liability, DUI, and all accident injury. A Personal Injury Lawyer will negotiate a settlement on your behalf with the insurance companies or litigate your personal injury case if it is necessary to take it to trial to make you whole.
Boise Employment Attorneys - Kershisnik Law offers representation for wage claim cases, wrongful termination, discrimination and harassment. During these hard economic times, an employment attorney can help you get a money settlement when you have been wrongly terminated or have not had your wages paid. In addition, an employment lawyer can help bring you justice when your rights have been violated.
Boise Small Business Attorney - Kershisnik Law provides small business legal services such as small business formation, dissolution and operating agreements. Kershisnik Law also provides a whole range of services involving small business in Idaho.
If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer, a Boise DUI Lawyer, Boise Personal Injury Lawyers, Boise Probate Attorneys, Boise Employment Lawyers or Boise Small Business Attorneys, please call (208) 472-2383. You will be glad you did.
Saturday, March 19, 2011
Boise Divorce Attorney - Boise Family Law Lawyers - Motion for Reconcilliation
Boise Divorce Attorney, Boise Family Law Lawyers, call (208) 472-2383, family law including divorce, custody, modification, visitation, termination, adoption and domestic violence.
What happens if you file for divorce and you are well into the proceedings and you decide that you might not want to get a divorce after all? Believe it or not, Boise Divorce Attorneys get asked this question all the time. Do you have to withdraw your complaint? The answer is no, not necessarily and not immediately.
Your Divorce Attorney can file what is known as a motion for reconciliation. Under Idaho Code 32-716 you can file the motion to stay the divorce. If the judge sees that attempts to reconcile are probable, practical and in the best interest of the family, he or she can order a temporary stay if there are minor children in the household. The stay is good for up to 90 days. This places the divorce on hold and any custody issues too. This gives the family a chance to reconcile and perhaps not go forward with the divorce.
During the stay, the temporary custody orders remain in effect. You retain your Boise Divorce Attorney and you try to reconcile. If you do decide to get back together, you Divorce Lawyers with stipulate to dismissal without prejudice. The without prejudice is lawyer speak for meaning that if at a later point you decide once again to file for divorce and custody you are not barred from doing so.
The Idaho Code is specific that agreeing to try and reconcile is in no way a condonation by either party for the grounds for divorce. Again, this is Boise Divorce Attorney speak for meaning that you are not ok with what were the grounds for divorce.
If you are seeking a divorce and custody in Idaho and need to speak with a Boise Divorce Attorney please call (208) 472-2383. At our website you can fill out a quick contact form and one of our Boise Divorce Lawyers will get right back with you.
What happens if you file for divorce and you are well into the proceedings and you decide that you might not want to get a divorce after all? Believe it or not, Boise Divorce Attorneys get asked this question all the time. Do you have to withdraw your complaint? The answer is no, not necessarily and not immediately.
Your Divorce Attorney can file what is known as a motion for reconciliation. Under Idaho Code 32-716 you can file the motion to stay the divorce. If the judge sees that attempts to reconcile are probable, practical and in the best interest of the family, he or she can order a temporary stay if there are minor children in the household. The stay is good for up to 90 days. This places the divorce on hold and any custody issues too. This gives the family a chance to reconcile and perhaps not go forward with the divorce.
During the stay, the temporary custody orders remain in effect. You retain your Boise Divorce Attorney and you try to reconcile. If you do decide to get back together, you Divorce Lawyers with stipulate to dismissal without prejudice. The without prejudice is lawyer speak for meaning that if at a later point you decide once again to file for divorce and custody you are not barred from doing so.
The Idaho Code is specific that agreeing to try and reconcile is in no way a condonation by either party for the grounds for divorce. Again, this is Boise Divorce Attorney speak for meaning that you are not ok with what were the grounds for divorce.
If you are seeking a divorce and custody in Idaho and need to speak with a Boise Divorce Attorney please call (208) 472-2383. At our website you can fill out a quick contact form and one of our Boise Divorce Lawyers will get right back with you.
Thursday, March 17, 2011
Boise DUI Lawyers - Boise Criminal Lawyers - DUI, Felony, Misdemeanor and Minors
Boise DUI Lawyers Attorneys, Boise Criminal Defense Lawyer Attorney, call for a free consultation, (208) 472-2383, DUI, DWP, Misdemeanor, Felony, Excessive, Minor Consumption, Criminal Defense
Boise DUI Lawyers defend individuals charged with DUI on a daily basis. A rising statistic effecting Boise DUI Lawyers is the number of underage individuals not only in possession of alcohol, but charged with Minor DUI.
What is the penalty for a DUI when the driver is under the age of 21? The Idaho Code says that it is unlawful for anyone under the age of 21 to operate a motor vehicle with an blood alcohol concentration of .02 or greater. The bad news for underage drinking and driving is whereas someone over the age of 21 cannot be charged with a DUI unless they have a BAC of .08, a minor can be charged with a DUI for a BAC of .02 or greater
If a minor has a BAC of .08 or more, the penalty is the same as for an adult. What Boise DUI Lawyers are seeing more of is when the minor has been arrested for a DUI and their BAC is between ,02 and .08. A first time minor DUI is a misdemeanor and carries a fine of $1,000. The minor must be notified in writing at the conviction of the DUI of the penalty that will be imposed if the minor receives another DUI. They are also ordered to have an alcohol evaluation. In addition, they will receive a mandatory 1 year license suspension with 90 days of absolute suspension where no restricted driving privileges will be granted.
Another area where Boise DUI Lawyers are seeing an increase is second minor DUI. The penalty for second time minor DUI is a minimum of 5 days, but no more than 30 days in jail, a fine of at least $500 but no more than $2,000, a 2 year license suspension with 1 year absolute, to be ordered to an alcohol evaluation, to be advised in writing of penalties for a subsequent DUI and required to use a functioning ignition interlock device.
No Boise DUI Lawyer wants to see it but there are actually cases of third time minor DUI. The penalty for third time minor DUI is the same as a second time except that the jail time is increased to a minimum of 10 days, but no more that 30 days, the fine minimum is increased to $1,000 and the license suspension is absolute for 1 year and no restricted privileges are granted until they turn 21.
If you have been charged with a DUI and you need to speak to a Boise DUI Lawyer or have a DUI and additional crimes and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.
Boise DUI Lawyers defend individuals charged with DUI on a daily basis. A rising statistic effecting Boise DUI Lawyers is the number of underage individuals not only in possession of alcohol, but charged with Minor DUI.
What is the penalty for a DUI when the driver is under the age of 21? The Idaho Code says that it is unlawful for anyone under the age of 21 to operate a motor vehicle with an blood alcohol concentration of .02 or greater. The bad news for underage drinking and driving is whereas someone over the age of 21 cannot be charged with a DUI unless they have a BAC of .08, a minor can be charged with a DUI for a BAC of .02 or greater
If a minor has a BAC of .08 or more, the penalty is the same as for an adult. What Boise DUI Lawyers are seeing more of is when the minor has been arrested for a DUI and their BAC is between ,02 and .08. A first time minor DUI is a misdemeanor and carries a fine of $1,000. The minor must be notified in writing at the conviction of the DUI of the penalty that will be imposed if the minor receives another DUI. They are also ordered to have an alcohol evaluation. In addition, they will receive a mandatory 1 year license suspension with 90 days of absolute suspension where no restricted driving privileges will be granted.
Another area where Boise DUI Lawyers are seeing an increase is second minor DUI. The penalty for second time minor DUI is a minimum of 5 days, but no more than 30 days in jail, a fine of at least $500 but no more than $2,000, a 2 year license suspension with 1 year absolute, to be ordered to an alcohol evaluation, to be advised in writing of penalties for a subsequent DUI and required to use a functioning ignition interlock device.
No Boise DUI Lawyer wants to see it but there are actually cases of third time minor DUI. The penalty for third time minor DUI is the same as a second time except that the jail time is increased to a minimum of 10 days, but no more that 30 days, the fine minimum is increased to $1,000 and the license suspension is absolute for 1 year and no restricted privileges are granted until they turn 21.
If you have been charged with a DUI and you need to speak to a Boise DUI Lawyer or have a DUI and additional crimes and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.
Monday, March 14, 2011
Boise Divorce Attorneys - Family Law Lawyers - Idaho Custody Attorney - Child Support Lawyer - The Anatomy of a Divorce
Boise Divorce Attorneys, Family Law Lawyers, Custody Attorney, Child Support Lawyer, Family Law in Idaho, call today for your free consultation.
One of the most frequent questions I get as a Boise Divorce Attorney is, how long does it take to get a divorce. While you might think that is an easy question to answer, it is not. The best answer, or at least the one that makes most sense to that question is, "it depends".
While the anatomy of a divorce is fairly similar no matter how complex your divorce gets, a lot depends upon conflict and agreement. While divorce lawyers know the anatomy of a divorce they often can't speculate very precisely how quickly it will be done. First, your attorney files the complaint for divorce. In this complaint your divorce lawyer will allege jurisdiction, grounds for divorce and how the property should be split, and the custody arrangement for the children and even perhaps the child support amount. If the other party does not respond, or does not object, the divorce can be granted and your child support and custody awarded fairly quickly.
While it can happen, divorce often doesn't go this quickly. Usually, the other party hires a divorce attorney and they file a response to the complaint. Generally they have a different idea of how property should be split and who should have custody and who should have visitation. Once this happens the divorce begins to slow down. The property must be valued, the parties are ordered to mediation of custody issues and you enter the phase called "discovery".
Divorce attorneys use discovery to understand what the issues of the case are going to be. Divorce lawyers send out interrogatories, a fancy name for questions, which must be answered by the other side's attorney. There is generally disagreement upon what the value of property is, who will value it and what is separate and what is community. Once the divorce attorneys have completed gathering the evidence they need they will get together and see if there is anything both sides can agree upon. Sometimes the parties will stipulate to certain facts and other times the only thing they agree about is that they should get a divorce.
If the divorce and custody cannot be settled through stipulation the case will go to trial. All the evidence the divorce attorneys gathered in discovery will be used during the trial. Each attorney will put on their case, laying out for the court the nature of the property (community or separate), its value and why it makes the most sense to go to whom. The attorneys will put forward why custody should be placed with one party or the other and how that is in the best interest of the child. Each lawyer will show, how based upon the individual incomes of the parties, what child support should be set as if the custody is split the way they propose.
Ultimately, the attorneys rest their case and it goes to the judge to decide. The judge looks at all the evidence and testimony and weighs the facts to determine how the property should be split, what is best for the children and grants the divorce and the custody based upon his or her judgment of the facts presented by the divorce attorneys.
So, once again, when you ask me or any other asked Boise Divorce Attorney how long it takes to get a divorce in Idaho and they answer, "it depends", you will know why that is the best answer.
One of the most frequent questions I get as a Boise Divorce Attorney is, how long does it take to get a divorce. While you might think that is an easy question to answer, it is not. The best answer, or at least the one that makes most sense to that question is, "it depends".
While the anatomy of a divorce is fairly similar no matter how complex your divorce gets, a lot depends upon conflict and agreement. While divorce lawyers know the anatomy of a divorce they often can't speculate very precisely how quickly it will be done. First, your attorney files the complaint for divorce. In this complaint your divorce lawyer will allege jurisdiction, grounds for divorce and how the property should be split, and the custody arrangement for the children and even perhaps the child support amount. If the other party does not respond, or does not object, the divorce can be granted and your child support and custody awarded fairly quickly.
While it can happen, divorce often doesn't go this quickly. Usually, the other party hires a divorce attorney and they file a response to the complaint. Generally they have a different idea of how property should be split and who should have custody and who should have visitation. Once this happens the divorce begins to slow down. The property must be valued, the parties are ordered to mediation of custody issues and you enter the phase called "discovery".
Divorce attorneys use discovery to understand what the issues of the case are going to be. Divorce lawyers send out interrogatories, a fancy name for questions, which must be answered by the other side's attorney. There is generally disagreement upon what the value of property is, who will value it and what is separate and what is community. Once the divorce attorneys have completed gathering the evidence they need they will get together and see if there is anything both sides can agree upon. Sometimes the parties will stipulate to certain facts and other times the only thing they agree about is that they should get a divorce.
If the divorce and custody cannot be settled through stipulation the case will go to trial. All the evidence the divorce attorneys gathered in discovery will be used during the trial. Each attorney will put on their case, laying out for the court the nature of the property (community or separate), its value and why it makes the most sense to go to whom. The attorneys will put forward why custody should be placed with one party or the other and how that is in the best interest of the child. Each lawyer will show, how based upon the individual incomes of the parties, what child support should be set as if the custody is split the way they propose.
Ultimately, the attorneys rest their case and it goes to the judge to decide. The judge looks at all the evidence and testimony and weighs the facts to determine how the property should be split, what is best for the children and grants the divorce and the custody based upon his or her judgment of the facts presented by the divorce attorneys.
So, once again, when you ask me or any other asked Boise Divorce Attorney how long it takes to get a divorce in Idaho and they answer, "it depends", you will know why that is the best answer.
Friday, March 11, 2011
Boise Divorce Attorneys - Idaho Lawyers - Divorce, Military Divorce, Deployment and the $8000 Tax Credit
Boise Divorce Attorneys - Idaho Lawyers, Divorce, Custody, Military Divorce, Child Support, Visitation, Modification, call (208) 472-2383 for your free consultation.
What happens when you and your spouse purchased a home with the help of stimulus money for first time home owners and you get a divorce and must sell the home before the three year ownership rule kicks in? What happens if you are in the military and are deployed before the three years and you have to sell your home? What happens if you are in the military, you are deployed and you get a divorce and must sell the home before the three year time requirement?
These are common questions for Boise Divorce Attorneys. The law which governs this is set forth by the IRS and set forth in form 5405.
In general, if you get a divorce before the three year payback threshold, you must payback the $8,000 credit. The payback amount, however, is limited to the amount of the gain, if the home is sold to someone not related to you. You must include the amount of the credit to be paid back, generally the entire $8,000 unless the gain from the home sale is less than that, as an additional tax on your tax return. For Boise Divorce Lawyers, this is an easy answer.
If you are in the military and you are deployed, you are exempt from paying back the tax credit if the home is sold before the three year payback threshold. For Idaho Lawyers, this is an easy question.
Here is the tricky question for Boise Divorce Attorneys - What if you purchase the home and you are deployed and you get a divorce before the three year payback threshold? Then what?
According to the IRS and Part III, line 12 of IRS Form 5405, if the home is sold in connection with Government orders for qualified official extended duty service you are not required to pay back the credit. Qualified official extended duty service means serving at a duty station at least 50 miles from your home or living in Government quarters upon Government orders. You are on extended duty when you are deployed for active duty for more than 90 days and for an indefinite time period.
So what happens when you have two triggering events; deployment and divorce? As a Boise Divorce Attorney I think the answer lies in the chain of events. Did you get orders for deployment and were prepared to put the home on the market and then decided to divorce? Did you get orders for deployment but were already in the process of divorce? Did you file for divorce and were subsequently deployed? Basically, what was the actual reason for the sale of the home? Divorce or deployment?
What happens then if the time line shows that the actual reason for the sale of the home was divorce? If the home is sold, pursuant to the divorce decree, the credit is to be repaid by both parties in equal amounts. If the home is transferred to an ex-spouse pursuant to a divorce settlement, the responsibility of repayment of the total credit shifts to the spouse receiving the home if they sell it before the three year period.
One further complication for divorce lawyers and divorce clients - what happens if the divorce occurs before the three year period and as part of the divorce settlement the home is to be sold but the home does not actually sell until after the three year period expires? Repayment of the entire credit does not kick in until the actual date of the sale. So, if the sale does not happen until the three year period expires, no repayment is required.
Another further complication for attorneys and client alike, we are after all dealing with the IRS, is payback in general. There are actually two different types of payback and two different requirements depending upon when the home was purchased. If you purchased a home in 2008 and you hold onto the home for the long term you must begin repaying the credit with your 2010 taxes over the next 15 years. If, however, you purchased your home after 2008 and you do not sell it you don't have to repay the credit. Even if you sell the home purchased after 2008 before the three year threshold, you may not have to pay the credit back if you acquire a new home within 2 years and you live in that home for the remainder of the original 36 month period. And of course, because it is the IRS, there are all sorts of exceptions and limitations depending upon other triggering event (condemnation, foreclosure etc.). How can a tax attorney keep all this straight?
If you need to speak with a Boise Divorce Attorney or you have questions about divorce, military divorce or other family law issues, please call (208) 472-2383.
What happens when you and your spouse purchased a home with the help of stimulus money for first time home owners and you get a divorce and must sell the home before the three year ownership rule kicks in? What happens if you are in the military and are deployed before the three years and you have to sell your home? What happens if you are in the military, you are deployed and you get a divorce and must sell the home before the three year time requirement?
These are common questions for Boise Divorce Attorneys. The law which governs this is set forth by the IRS and set forth in form 5405.
In general, if you get a divorce before the three year payback threshold, you must payback the $8,000 credit. The payback amount, however, is limited to the amount of the gain, if the home is sold to someone not related to you. You must include the amount of the credit to be paid back, generally the entire $8,000 unless the gain from the home sale is less than that, as an additional tax on your tax return. For Boise Divorce Lawyers, this is an easy answer.
If you are in the military and you are deployed, you are exempt from paying back the tax credit if the home is sold before the three year payback threshold. For Idaho Lawyers, this is an easy question.
Here is the tricky question for Boise Divorce Attorneys - What if you purchase the home and you are deployed and you get a divorce before the three year payback threshold? Then what?
According to the IRS and Part III, line 12 of IRS Form 5405, if the home is sold in connection with Government orders for qualified official extended duty service you are not required to pay back the credit. Qualified official extended duty service means serving at a duty station at least 50 miles from your home or living in Government quarters upon Government orders. You are on extended duty when you are deployed for active duty for more than 90 days and for an indefinite time period.
So what happens when you have two triggering events; deployment and divorce? As a Boise Divorce Attorney I think the answer lies in the chain of events. Did you get orders for deployment and were prepared to put the home on the market and then decided to divorce? Did you get orders for deployment but were already in the process of divorce? Did you file for divorce and were subsequently deployed? Basically, what was the actual reason for the sale of the home? Divorce or deployment?
What happens then if the time line shows that the actual reason for the sale of the home was divorce? If the home is sold, pursuant to the divorce decree, the credit is to be repaid by both parties in equal amounts. If the home is transferred to an ex-spouse pursuant to a divorce settlement, the responsibility of repayment of the total credit shifts to the spouse receiving the home if they sell it before the three year period.
One further complication for divorce lawyers and divorce clients - what happens if the divorce occurs before the three year period and as part of the divorce settlement the home is to be sold but the home does not actually sell until after the three year period expires? Repayment of the entire credit does not kick in until the actual date of the sale. So, if the sale does not happen until the three year period expires, no repayment is required.
Another further complication for attorneys and client alike, we are after all dealing with the IRS, is payback in general. There are actually two different types of payback and two different requirements depending upon when the home was purchased. If you purchased a home in 2008 and you hold onto the home for the long term you must begin repaying the credit with your 2010 taxes over the next 15 years. If, however, you purchased your home after 2008 and you do not sell it you don't have to repay the credit. Even if you sell the home purchased after 2008 before the three year threshold, you may not have to pay the credit back if you acquire a new home within 2 years and you live in that home for the remainder of the original 36 month period. And of course, because it is the IRS, there are all sorts of exceptions and limitations depending upon other triggering event (condemnation, foreclosure etc.). How can a tax attorney keep all this straight?
If you need to speak with a Boise Divorce Attorney or you have questions about divorce, military divorce or other family law issues, please call (208) 472-2383.
Thursday, March 10, 2011
Boise Divorce Attorneys - Custody Lawyers - Paternity Fraud
Boise Divorce Attorneys - Custody Lawyers in Idaho - call (208) 472-2383 for your free consultation today.
Boise Divorce Attorneys hear it all the time. Custody Lawyers hear it all the time. We have all heard the story. Our buddy, Joe Q. Public, tells us that his girlfriend, Jane Doe got pregnant, she told him it was his baby, they got married, they got a divorce, they had a custody hearing, she got custody, he got visitation, he was ordered to pay child support, he paid child support for two years, he exercised his visitation for two years and he just came to find out on Facebook that he is not the biological father and she knew it all along.
Should paternity by fraud be a criminal charge in Idaho? The Idaho legislature didn't go as far as to make it criminal but they did enact Idaho Code 32-1009, Paternity Fraud - Child Support Restitution.
Idaho Code 32-1009 says that an Idaho Court can vacate a child support order if a man has been named the biological father of a child and has been ordered to pay child support if he shows (if his custody lawyers show) by clear and convincing evidence (this is a criminal level of proof), that he is not the father and that mother of the child knowingly and intentionally misrepresented that he was the father of the child.
So what does that do for Joe Q. Public? Once he finds out that he is not the father and that the mother perpetrated fraud, he has two years to file a petition to terminate the child support order. In addition, he can request, and an Idaho Court can order, that either the mother, or the real biological father pay him restitution for the amount of child support that he has paid for the child.
Advice from a Boise Divorce Attorney? Be careful what you post on Facebook. It can be and will be used against you in a court of law.
If you need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383.
Boise Divorce Attorneys hear it all the time. Custody Lawyers hear it all the time. We have all heard the story. Our buddy, Joe Q. Public, tells us that his girlfriend, Jane Doe got pregnant, she told him it was his baby, they got married, they got a divorce, they had a custody hearing, she got custody, he got visitation, he was ordered to pay child support, he paid child support for two years, he exercised his visitation for two years and he just came to find out on Facebook that he is not the biological father and she knew it all along.
Should paternity by fraud be a criminal charge in Idaho? The Idaho legislature didn't go as far as to make it criminal but they did enact Idaho Code 32-1009, Paternity Fraud - Child Support Restitution.
Idaho Code 32-1009 says that an Idaho Court can vacate a child support order if a man has been named the biological father of a child and has been ordered to pay child support if he shows (if his custody lawyers show) by clear and convincing evidence (this is a criminal level of proof), that he is not the father and that mother of the child knowingly and intentionally misrepresented that he was the father of the child.
So what does that do for Joe Q. Public? Once he finds out that he is not the father and that the mother perpetrated fraud, he has two years to file a petition to terminate the child support order. In addition, he can request, and an Idaho Court can order, that either the mother, or the real biological father pay him restitution for the amount of child support that he has paid for the child.
Advice from a Boise Divorce Attorney? Be careful what you post on Facebook. It can be and will be used against you in a court of law.
If you need to speak to a Boise Divorce Attorney or an Idaho Custody Lawyer, please call (208) 472-2383.
Tuesday, March 8, 2011
Boise DUI Lawyers - Idaho Criminal Attorneys - Field Sobriety Tests
Boise DUI Lawyers - Criminal Attorneys in Idaho - DUI, DWP, Criminal Defense, call (208) 472-2383 free consultation.
Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.
Boise DUI Lawyers are always asked what the standard field sobriety tests are and if they are valid. The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests to determine if there is probable cause to arrest an individual suspected of DUI. Standardizing the tests ensures consistency.
The three standardized tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). These tests are used once an officer has probable cause to pull an individual over on suspicion of DUI. Once pulled over the officer administers the three standardized tests which provide the evidence for probable cause to make a DUI arrest and administer a breathalyzer test.
Boise DUI Lawyers may challenge probable cause for the initial pulling over as well as the probable cause based on the results of the field sobriety tests. Attorneys use challenges to probable cause to exclude evidence. Once the evidence is excluded the prosecuting attorney, the state's lawyer, may or may not have enough evidence to go forward to charge an individual with DUI.
The Horizontal Gaze Nystagmus works on the principle of eye muscle control. An individual who has not been drinking will show rapid eye jerking when the eyes are elevated to the maximum level. An individual who is intoxicated will show these jerking movements at less elevated levels as well as will have difficulty tracking with their eyes.
The Walk and Turn test requires an individual who is suspected of drinking and driving to walk nine steps from heel to toe and turn on one foot. The officer looks for clues as the suspect performs the tests. Such clues are inability to balance while listening to the directions, inability to walk heel to toe, inability to maintain walking in a straight line and failure to turn on one foot on the ninth step. As a Boise DUI lawyer I see people fail this test all the time, but I might suggest that even a non intoxicated individual may have difficulty performing this one.
The One Leg Stand test requires an individual who is suspected of drinking and driving to stand with one foot elevated about 6 inches above the ground and count by thousands for thirty seconds. As the suspect counts, one-thousand one, one-thousand two etc, the officer looks for wobbling, swaying, hopping or putting your foot down. Two or more of these indicators, according to the NHTSA, suggests the individual has an 83% chance of having over a .08 BAC. Again, as a Boise Criminal Lawyer I see individuals charged with DUI failing this test regularly. And, again, I would suggest that most people, especially the older you get, will fail this test.
DUI officers are trained to look at the three tests individually and as a whole. When looking at the results of all three tests they get what is known as a Combined Measures. With this they look at all three tests and evaluate the likelihood that the failures of the individual tests equal a DUI.
So, these are the standardized tests to establish probable cause for arrest on DUI. Are they effective? Can they be challenged?
According to the NHTSA, when comparing percentage of those actually found to have a BAC of greater than the legal limit from 1981 v. 1998, the accuracy of the tests due to training increased substantially. In 1981, when the legal limit for driving under the influence was .1, the accuracy for field sobriety tests were: HGN - 77%, WAT - 8% and the OLS - 65%. The Combined Measures resulted in an 81% accuracy arrest for DUI. In 1998, when the legal limit had been reduced to .08, the results were: HGN - 88%, WAT - 79%, and OLS - 83%. This translates into a Combined Measure accuracy of 91%.
In light of the NHTSA accuracy statistics can a DUI Lawyer still challenge the results. Absolutely. There are many factors which can go into failing a field sobriety test. Some examples of this are medical conditions such as vertigo or eye disease. Medications which have not legally impaired your ability to drive may make your balance on one leg questionable or cause you to have light sensitivity which could effect the HGN. DUI Lawyers will ask an individual charged with driving under the influence if they have any conditions which might impair their ability to take a standardized field sobriety test, but if you are pulled over on the suspicion of DUI and have a condition which might effect you performance, you should always let the officer know.
If you have been charged with DUI in Idaho and need to speak to a Boise DUI Lawyer, please call (208) 472-2383.
Sunday, March 6, 2011
Boise Divorce Attorneys and Custody Lawyers - Divorce and Custody Considerations for Military Personnel
Boise Divorce Attorneys & Custody Lawyers in Idaho, call (208) 472-2383- free consultation. Kershisnik Law, PLLC
Boise Divorce Attorneys are often faced with unique considerations when it comes to divorce and custody in the military setting. The Soldiers and Sailors Civil Relief Act provides various protections for military personnel in a variety of areas including divorce, leases, eviction, interest rates, court proceedings, installment contracts and tax assessments.
In regard to divorce and custody, the SSCRA prevents a divorce proceeding from being taken by default. A military service member can by him or herself, by an attorney or through a letter from their commanding officer request that a divorce proceeding be suspended until the service person returns from active duty. Idaho law also protects soldiers but an Idaho Court can make a determination that a suspension of the court proceedings are not necessary. If, however, an Idaho court determines that to go forward without the soldiers presence would cause irreparable harm then they will issue a stay in the divorce proceedings until the soldier returns.
The SSCRA, however, does not apply to child support proceedings. Idaho Child Support can be set and an order issued regardless of a service person's duty status. Divorce and Custody Lawyers have a unique tool to use when it comes to child support, as well as spousal support in regard to military personnel. Service personnel on active duty are not exempt from providing child support to their children. They are not exempt from an Idaho Court establishing an order without their presence and they are required by military code of conduct to provide support for their children and their spouses. Army Regulation 608-99 establishes a duty for military personnel to provide such support even in the absence of a court order and if they fail to, they can be punished in a variety of ways. One interesting "loop hole" in AR 608-99 is that they do not have an obligation to provide support for an illegitimate child in the absence of a court order and therefore cannot be punished for not support a child who legitimacy is in question.
If a member of the military fails to provide the "just" support for their families, a non-military divorce lawyer or custody attorney can contact their Commanding Officer and report their failure to abide by AR 608-99. It is then up to the Commanding Officer to inform the service person of their failure and to direct them to make good on their obligations.
On one hand, the SSCRA protects service personnel on active duty from a variety of legal consequences, but on the other hand AR 608-99 protects the non-military spouse and the children from a service person hiding behind the SSCRA and not keeping up with their obligations.
Boise Divorce Attorneys are often faced with unique considerations when it comes to divorce and custody in the military setting. The Soldiers and Sailors Civil Relief Act provides various protections for military personnel in a variety of areas including divorce, leases, eviction, interest rates, court proceedings, installment contracts and tax assessments.
In regard to divorce and custody, the SSCRA prevents a divorce proceeding from being taken by default. A military service member can by him or herself, by an attorney or through a letter from their commanding officer request that a divorce proceeding be suspended until the service person returns from active duty. Idaho law also protects soldiers but an Idaho Court can make a determination that a suspension of the court proceedings are not necessary. If, however, an Idaho court determines that to go forward without the soldiers presence would cause irreparable harm then they will issue a stay in the divorce proceedings until the soldier returns.
The SSCRA, however, does not apply to child support proceedings. Idaho Child Support can be set and an order issued regardless of a service person's duty status. Divorce and Custody Lawyers have a unique tool to use when it comes to child support, as well as spousal support in regard to military personnel. Service personnel on active duty are not exempt from providing child support to their children. They are not exempt from an Idaho Court establishing an order without their presence and they are required by military code of conduct to provide support for their children and their spouses. Army Regulation 608-99 establishes a duty for military personnel to provide such support even in the absence of a court order and if they fail to, they can be punished in a variety of ways. One interesting "loop hole" in AR 608-99 is that they do not have an obligation to provide support for an illegitimate child in the absence of a court order and therefore cannot be punished for not support a child who legitimacy is in question.
If a member of the military fails to provide the "just" support for their families, a non-military divorce lawyer or custody attorney can contact their Commanding Officer and report their failure to abide by AR 608-99. It is then up to the Commanding Officer to inform the service person of their failure and to direct them to make good on their obligations.
On one hand, the SSCRA protects service personnel on active duty from a variety of legal consequences, but on the other hand AR 608-99 protects the non-military spouse and the children from a service person hiding behind the SSCRA and not keeping up with their obligations.
Friday, March 4, 2011
Boise Divorce Attorneys - Custody Lawyers - Family Law Statutes
Boise Divorce Attorneys and Custody Lawyers in Boise, Idaho call (208) 472-2383.
As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.
The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. As of January 1, 1996 Idaho no longer does. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you could file for divorce and custody in Idaho.
What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.
Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.
Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.
If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.
Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.
As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.
The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. As of January 1, 1996 Idaho no longer does. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you could file for divorce and custody in Idaho.
What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.
Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.
Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.
If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.
Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.
Wednesday, March 2, 2011
Boise DUI Lawyers - Boise Criminal Lawyers - DUI and Criminal Charges in the News
Almost everyday for the last few weeks the local newspaper has reported on a series of DUI or felony charges in Boise. Is there an increase in DUI and felony charges or are they being reported because of their extreme nature or to fill space? Boise DUI Lawyers and Boise Criminal Lawyers see a steady stream of DUI and felony charges in Boise and the reporting in the paper does not necessarily indicate an uptick in the number of DUI and felony charges in Boise.
In yesterday's paper, for example, it was reported that on Sunday a citizen reported that a car had hit a stop sign in Boise. After finding the vehicle police reported that a bag was thrown out of the passenger window. They later recovered the bag which contained a six-pack of beer, but the bottles had all broken. Because the police could not tell how many of the bottles were consumed or open in the car, the passenger with destruction of evidence. The driver was charged with DUI, eluding the police and a felony parole violation.
Boise Criminal Lawyers and Boise DUI Lawyers can tell you that it is often the case that when someone is arrested for DUI or on a criminal charge that they are charged with multiple charges. This sometimes is due to the nature of the crime. Drug possession and paraphernalia, for example often go hand in hand. Sometimes it is the case that the offender has already been in trouble and by participating in criminal activity they are getting themselves in deeper. Sometimes the police will charge both what they see as the actual crime as well as a lessor included crime. This prevents the case from being dismissed if only the lessor crime is charged and not the actual crime.
If you have been charged with a DUI or a crime in Idaho and you need to speak to a Boise DUI Lawyer or a Boise Criminal Lawyer, please call (208) 472-2383
In yesterday's paper, for example, it was reported that on Sunday a citizen reported that a car had hit a stop sign in Boise. After finding the vehicle police reported that a bag was thrown out of the passenger window. They later recovered the bag which contained a six-pack of beer, but the bottles had all broken. Because the police could not tell how many of the bottles were consumed or open in the car, the passenger with destruction of evidence. The driver was charged with DUI, eluding the police and a felony parole violation.
Boise Criminal Lawyers and Boise DUI Lawyers can tell you that it is often the case that when someone is arrested for DUI or on a criminal charge that they are charged with multiple charges. This sometimes is due to the nature of the crime. Drug possession and paraphernalia, for example often go hand in hand. Sometimes it is the case that the offender has already been in trouble and by participating in criminal activity they are getting themselves in deeper. Sometimes the police will charge both what they see as the actual crime as well as a lessor included crime. This prevents the case from being dismissed if only the lessor crime is charged and not the actual crime.
If you have been charged with a DUI or a crime in Idaho and you need to speak to a Boise DUI Lawyer or a Boise Criminal Lawyer, please call (208) 472-2383
Sunday, February 27, 2011
Boise Divorce Attorneys and Military Deployment
Boise Divorce Attorneys are often asked the question of what happens to custody and visitation when one parent is in the military and is deployed. There first concern tends to be that they will lose their visitation or custody rights established by the Idaho Court.
Military personnel are protected in a variety of ways in Idaho when it comes to divorce, custody and visitation. The policy behind this is that they are serving our country and defending us at home and therefore they should not have their rights compromised when they are deployed.
As a Boise Divorce Attorney I often suggest to my clients that if they are deployed that they execute a power of attorney and delegate their visitation rights to a party of their choosing. A power of attorney for a military visitation is good for three years. I suggest that the power of attorney be designated to someone like the grandparents or a new spouse, particularly if there are step-siblings with whom they would like their child to continue developing a relationship with.
Custody lawyers can present a motion to the court that custody be temporarily placed with the non-deployed party, with the understanding that once the other party returns from active duty that they will abide by the original custody and visitation schedule. This would be an option if the party felt like their visitation would be best placed with the other parent.
Using a power of attorney to delegate your visitation rights prevents the need for modification. This is not to say, however, that the party on the other side of the custody issue won't motion for modification and ask their lawyer to present evidence showing how it would be in the best interest of the child for them to remain with the non-deployed party while the other parent is deployed. In Idaho, however, Boise Divorce Attorneys can tell you the law will place a preference for the visitation rights of a military parent to be delegated through power of attorney.
As a custody lawyer in Boise, I have seen the use of these powers of attorney increase as active military personnel are repeatedly deployed. It is one option to help prevent a major disruption in the child's routine.
If you need to speak to a Boise Divorce Attorney, please call (208) 472-2383
Military personnel are protected in a variety of ways in Idaho when it comes to divorce, custody and visitation. The policy behind this is that they are serving our country and defending us at home and therefore they should not have their rights compromised when they are deployed.
As a Boise Divorce Attorney I often suggest to my clients that if they are deployed that they execute a power of attorney and delegate their visitation rights to a party of their choosing. A power of attorney for a military visitation is good for three years. I suggest that the power of attorney be designated to someone like the grandparents or a new spouse, particularly if there are step-siblings with whom they would like their child to continue developing a relationship with.
Custody lawyers can present a motion to the court that custody be temporarily placed with the non-deployed party, with the understanding that once the other party returns from active duty that they will abide by the original custody and visitation schedule. This would be an option if the party felt like their visitation would be best placed with the other parent.
Using a power of attorney to delegate your visitation rights prevents the need for modification. This is not to say, however, that the party on the other side of the custody issue won't motion for modification and ask their lawyer to present evidence showing how it would be in the best interest of the child for them to remain with the non-deployed party while the other parent is deployed. In Idaho, however, Boise Divorce Attorneys can tell you the law will place a preference for the visitation rights of a military parent to be delegated through power of attorney.
As a custody lawyer in Boise, I have seen the use of these powers of attorney increase as active military personnel are repeatedly deployed. It is one option to help prevent a major disruption in the child's routine.
If you need to speak to a Boise Divorce Attorney, please call (208) 472-2383
Friday, February 25, 2011
Boise Divorce Attorneys and Mediation
Boise Divorce Attorneys will tell you that in most divorce cases in Idaho their clients are ordered to mediation. Judges in Boise routinely order mediation of outstanding custody and visitation issues. Boise Divorce Attorneys can also tell you that their clients often balk at having to attend mediation. There is a cost involved as well as time. Some parties are unhappy if the mediator is a woman, others are unhappy if the mediator is a man.
Many people see mediation as a hassle and unnecessary. Divorce lawyers, however, will tell you that mediation has its place in divorce and custody cases. Mediation can allow the parties to work out a custody and visitation schedule that works for them. If the parties can agree, and that is often the difficult part, they can decide for themselves who will have the child and when. If the parties do not come to an agreement during the mediation, their custody attorneys will argue each of their sides in court at trial. Each attorney will put forward why custody placed with their client is in the best interest of the child. The judge will listen to each lawyer and make a decision based upon a whole lot of evidence.
Now, while one party may "win", the question remains whether or not the court ordered visitation and custody schedule makes the best sense for the child and the parents. The standard alternating weekends and long summer vacation is not necessarily a convenient custody and visitation schedule. Or, you might find that alternating week on, week off is too disruptive.
Mediation may or may not work for you, but as a Boise Divorce Attorney I suggest to all my clients that they give it a good shot. It can be helpful and it most often makes the best sense for you and your ex to decide custody and visitation schedules instead of a judge. If the parties decide, there is often less need for modification because the decision is based upon their schedules not upon what the judge thinks will work.
If you need to speak with a Boise Divorce Attorney, please call (208) 472-2383
Many people see mediation as a hassle and unnecessary. Divorce lawyers, however, will tell you that mediation has its place in divorce and custody cases. Mediation can allow the parties to work out a custody and visitation schedule that works for them. If the parties can agree, and that is often the difficult part, they can decide for themselves who will have the child and when. If the parties do not come to an agreement during the mediation, their custody attorneys will argue each of their sides in court at trial. Each attorney will put forward why custody placed with their client is in the best interest of the child. The judge will listen to each lawyer and make a decision based upon a whole lot of evidence.
Now, while one party may "win", the question remains whether or not the court ordered visitation and custody schedule makes the best sense for the child and the parents. The standard alternating weekends and long summer vacation is not necessarily a convenient custody and visitation schedule. Or, you might find that alternating week on, week off is too disruptive.
Mediation may or may not work for you, but as a Boise Divorce Attorney I suggest to all my clients that they give it a good shot. It can be helpful and it most often makes the best sense for you and your ex to decide custody and visitation schedules instead of a judge. If the parties decide, there is often less need for modification because the decision is based upon their schedules not upon what the judge thinks will work.
If you need to speak with a Boise Divorce Attorney, please call (208) 472-2383
Wednesday, February 23, 2011
Boise DUI Lawyer Discusses Felony DUI and Personal Injury
Today's paper outlined a felony DUI accident which occurred in Boise on Tuesday. The driver blew a .224 and had a previous DUI in 2009. She was also cited for DWP. She was charged with a felony DUI because this is her second DUI within 5 years and she had a BAC of greater than .2. A BAC of .2 or greater is considered an excessive DUI. She undoubtedly lost her driving privileges as a result of her 2009 DUI conviction and, because she was driving on a suspended license, was charged also with a DWP.
What penalty is she potentially facing? A second time excessive DUI is a felony and carries a mandatory minimum of 30 days in jail but up to 5 years in prison. The person convicted of a felony DUI can also be fined up to $5,000 and be required to use a motor vehicle equipped with functioning ignition interlock system. In addition they must surrender their license and it will be suspended for a minimum of 1 year but no more than 5 years beginning upon their release from incarceration.
In addition to the DUI penalty she faces additional criminal penalties associated with the DWP. DWP carries a penalty of up to 6 months in jail, but with a mandatory minimum of 2 days, up to a $1,000 fine, and an additional license suspension of 6 months tacked onto the original suspension and beginning once the original suspension would have been ended.
This is a tough penalty but as a Boise lawyer I can tell you that if the driver she hit suffered a personal injury, in addition to felony criminal charges, she also could be sued for any personal injury surrounding the automobile accident.
Personal injury is a civil liability case but a Personal injury attorney can use the evidence of the DUI against the driver. Personal injury lawyers use evidence offered in DUI convictions to show that the automobile accident occurred as a result of DUI. The state's lawyers, the prosecuting attorneys, use the evidence collected by the police to convict a person of a DUI, whereas personal injury attorneys use the evidence to get a civil judgment.
What penalty is she potentially facing? A second time excessive DUI is a felony and carries a mandatory minimum of 30 days in jail but up to 5 years in prison. The person convicted of a felony DUI can also be fined up to $5,000 and be required to use a motor vehicle equipped with functioning ignition interlock system. In addition they must surrender their license and it will be suspended for a minimum of 1 year but no more than 5 years beginning upon their release from incarceration.
In addition to the DUI penalty she faces additional criminal penalties associated with the DWP. DWP carries a penalty of up to 6 months in jail, but with a mandatory minimum of 2 days, up to a $1,000 fine, and an additional license suspension of 6 months tacked onto the original suspension and beginning once the original suspension would have been ended.
This is a tough penalty but as a Boise lawyer I can tell you that if the driver she hit suffered a personal injury, in addition to felony criminal charges, she also could be sued for any personal injury surrounding the automobile accident.
Personal injury is a civil liability case but a Personal injury attorney can use the evidence of the DUI against the driver. Personal injury lawyers use evidence offered in DUI convictions to show that the automobile accident occurred as a result of DUI. The state's lawyers, the prosecuting attorneys, use the evidence collected by the police to convict a person of a DUI, whereas personal injury attorneys use the evidence to get a civil judgment.
Monday, February 21, 2011
Boise Divorce Attorneys and Evidence in Divorce and Custody Cases
Having practiced law in Idaho for almost 18 years as a Boise Divorce Attorney I have seen many trend changes in divorce and custody law. One example of this is evidence in divorce or custody trials. Although all evidence is based upon relevancy, any lawyer can tell you that where evidence comes from and what evidence is acceptable has changed.
Facebook has become a popular trend for social networking over the past few years. Facebook has also become a hotbed for divorce and custody evidence. People will post comments about their soon-to-be ex's, things they did to hurt them or the community, such as destroying or selling off property, or how they interfered with a custody transfer. Divorce lawyers can tell you that the courts in Idaho are allowing this in as credible evidence.
My caveat to you, as a Boise Divorce Attorney is to be careful about what you post on facebook. It could come back to haunt you.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.
Facebook has become a popular trend for social networking over the past few years. Facebook has also become a hotbed for divorce and custody evidence. People will post comments about their soon-to-be ex's, things they did to hurt them or the community, such as destroying or selling off property, or how they interfered with a custody transfer. Divorce lawyers can tell you that the courts in Idaho are allowing this in as credible evidence.
My caveat to you, as a Boise Divorce Attorney is to be careful about what you post on facebook. It could come back to haunt you.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.
Friday, February 18, 2011
Boise DUI Lawyers Keep Close Watch on Senate Bill 61
Changes in Idaho Law are on the horizon for Boise Criminal Lawyers and for those charged with DUI. Yesterday in Boise, the Idaho State Senate returned Senate Bill 61 to the Idaho House of Representatives. The Bill was proposed to amend Idaho Code 18-8002(4)(a) which outlines the penalty if an individual who refuses to take a breathalyzer test after a DUI stop. Currently the Idaho Code section states that if you are stopped on suspicion of a DUI and you refuse to blow the arresting officer is to immediately take your license and issue a temporary paper license. The temporary license is only valid until you have an administrative hearing about your refusal to blow on the DUI stop. If you fail to request the hearing or are found to be unjustified in your refusal to blow, your license is suspended by the Idaho Department of Transportation.
The amendment was proposed for administrative purposes. Currently, the arresting officer on a DUI must take the license, issues a paper license, get the license to the proper place to store the license and have the appropriate paper work so that the license can be returned at the appropriate time. This causes a questionable loophole if the officer fails to take the license at the time of the DUI stop as well as creates a license custody headache and unnecessary expense managing the actual physical suspended licenses. The amendment would remove the necessity of the arresting officer to take physical control of the actual license on a DUI stop. The person pulled over on suspicion of DUI would still have their license suspended but it would remove the administrative removal and subsequent paperwork involved.
The Senate Bill was returned to the House for clarification but it is likely to be passed in the next few days.
If you have been arrested on DUI charges and need to speak with a Boise DUI Lawyer, please call (208) 472-2383
The amendment was proposed for administrative purposes. Currently, the arresting officer on a DUI must take the license, issues a paper license, get the license to the proper place to store the license and have the appropriate paper work so that the license can be returned at the appropriate time. This causes a questionable loophole if the officer fails to take the license at the time of the DUI stop as well as creates a license custody headache and unnecessary expense managing the actual physical suspended licenses. The amendment would remove the necessity of the arresting officer to take physical control of the actual license on a DUI stop. The person pulled over on suspicion of DUI would still have their license suspended but it would remove the administrative removal and subsequent paperwork involved.
The Senate Bill was returned to the House for clarification but it is likely to be passed in the next few days.
If you have been arrested on DUI charges and need to speak with a Boise DUI Lawyer, please call (208) 472-2383
Thursday, February 17, 2011
Boise Small Business Attorney
Today's business section of the newspaper featured a small business start up that went from a small business to a huge business in a little over two years. Last year Groupon, went from offering group coupon discounts in 35 states to running a business that has 50 million subscribers in 41 countries around the world.
The basic idea behind Groupon is that small business and large business in local areas can subscribe to Groupon. The company features a special each day based, most often, on local business. Groupon promotes it and takes a cut, but it drives business to local small business as well as bigger business. Recently, they offered a $20 Barnes and Noble gift card for $10. In a few days Groupon sold 700,000 vouchers driving $350,000 to Barnes and Noble.
Groupon may be facing challenges depending upon what type of business formation plan they started with. When you go from running a small business to a large one so quickly you need to make certain you have a business plan in place. A plan that will cover employees, employee relations, not to mention employee retirement plans, the best possible health insurance plans, as well as a whole host of other of operations strategies.
What Groupon's success points out is that small business is still the backbone of the American economy and perhaps small business, including small business in Idaho, will be what brings us out of the recession and back to work.
If you are interested in starting a small business in Boise or in Idaho and you need to speak to a small business attorney, please call (208) 472-2383
The basic idea behind Groupon is that small business and large business in local areas can subscribe to Groupon. The company features a special each day based, most often, on local business. Groupon promotes it and takes a cut, but it drives business to local small business as well as bigger business. Recently, they offered a $20 Barnes and Noble gift card for $10. In a few days Groupon sold 700,000 vouchers driving $350,000 to Barnes and Noble.
Groupon may be facing challenges depending upon what type of business formation plan they started with. When you go from running a small business to a large one so quickly you need to make certain you have a business plan in place. A plan that will cover employees, employee relations, not to mention employee retirement plans, the best possible health insurance plans, as well as a whole host of other of operations strategies.
What Groupon's success points out is that small business is still the backbone of the American economy and perhaps small business, including small business in Idaho, will be what brings us out of the recession and back to work.
If you are interested in starting a small business in Boise or in Idaho and you need to speak to a small business attorney, please call (208) 472-2383
Wednesday, February 16, 2011
Boise Divorce Lawyers and Custody Issues
Boise Divorce Lawyers receives hundreds of calls each week revolving around divorce and custody issues. In previous posts I have discussed the frequent question of, "how do I get custody of my child?". In today's blog I am going to discuss facilitating smooth custody and visitation exchanges.
As a Boise Divorce Attorney the most frequent issues I see arise in this regard are untimely drop off or pick up, dispute as to who is picking the child up and what to do in these situations. In general, all divorce and custody cases have these issues but to varying degrees. Sometimes the parties are amenable enough with one another that they can easily work through these issues. Other times, however, it can cause a real strain for the parties and their divorce attorneys. So how do you deal with this?
I think it is an obvious statement that it is only fair and polite to be timely with drop off and pick up and if something arises that you should call ahead and inform the waiting party what has happened and what your expected time of arrival will be. Likewise, it is always best to have an agreed upon party to pick the child up instead of sending perhaps a new boyfriend or girlfriend which will cause undue stress. As a Boise Divorce Attorney I can tell you this is the best way to facilitate pick up and drop off but because of human nature it doesn't always work this way. Sometimes the divorce lawyers can work with each other and help the parties coordinate the exchange issues other times the courts have to be involved.
Divorce and custody is a stressful and emotional time for all parties involved. As a Boise Divorce Attorney part of my job is to help you understand what the issues are and to help you work through them.
If you need to speak with a Boise Divorce Attorney or have divorce and custody issues please call, (208) 472-2383.
As a Boise Divorce Attorney the most frequent issues I see arise in this regard are untimely drop off or pick up, dispute as to who is picking the child up and what to do in these situations. In general, all divorce and custody cases have these issues but to varying degrees. Sometimes the parties are amenable enough with one another that they can easily work through these issues. Other times, however, it can cause a real strain for the parties and their divorce attorneys. So how do you deal with this?
I think it is an obvious statement that it is only fair and polite to be timely with drop off and pick up and if something arises that you should call ahead and inform the waiting party what has happened and what your expected time of arrival will be. Likewise, it is always best to have an agreed upon party to pick the child up instead of sending perhaps a new boyfriend or girlfriend which will cause undue stress. As a Boise Divorce Attorney I can tell you this is the best way to facilitate pick up and drop off but because of human nature it doesn't always work this way. Sometimes the divorce lawyers can work with each other and help the parties coordinate the exchange issues other times the courts have to be involved.
Divorce and custody is a stressful and emotional time for all parties involved. As a Boise Divorce Attorney part of my job is to help you understand what the issues are and to help you work through them.
If you need to speak with a Boise Divorce Attorney or have divorce and custody issues please call, (208) 472-2383.
Tuesday, February 15, 2011
Boise Criminal Lawyer Talks About Drug Possession in the News
Today's headlines echo the calls I get concerning drug possession charges in Idaho. Three individuals were charged with possession of a controlled substance with the intent to deliver. Three young adults were pulled over in Boise after stopping their car abruptly in the intersection at Franklin and Curtis roads on Sunday morning. The Boise police officer smelled marijuana and called in a K9 unit. The dog sniff searched the car and found 143 Ecstasy pills under the gear shift lever.
As a Boise Criminal Lawyer I often get calls from people facing similar situations. Their first concern is getting out of jailed quickly followed by questions about the penalty for possession of a control substance with the intent to deliver.
Criminal lawyers can tell you that the penalty varies depending upon the prosecuting attorney, the state's lawyer, the circumstances (such as priors), character of the criminal defendant, the judge and ultimately what evidence the state's lawyers have. The penalty for this type of possession also depends upon what type of plea, if any the criminal defendant is willing to take.
Ecstasy is classified as a Schedule I controlled substance in Idaho. As a Boise Criminal Lawyer I can tell you the general penalty for this type of possession is outlined in Idaho Code 37-2732 (1). It is a felony and upon conviction you can be sentenced to prison, not to exceed life, up to a $25,000 fine or both. This is the gray area that I outlined above. What sentence you ultimately will have depends upon your criminal lawyer, the prosecuting attorney, the judge and you.
If you need to speak to a Boise Criminal Lawyer please call, (208) 472-2383.
As a Boise Criminal Lawyer I often get calls from people facing similar situations. Their first concern is getting out of jailed quickly followed by questions about the penalty for possession of a control substance with the intent to deliver.
Criminal lawyers can tell you that the penalty varies depending upon the prosecuting attorney, the state's lawyer, the circumstances (such as priors), character of the criminal defendant, the judge and ultimately what evidence the state's lawyers have. The penalty for this type of possession also depends upon what type of plea, if any the criminal defendant is willing to take.
Ecstasy is classified as a Schedule I controlled substance in Idaho. As a Boise Criminal Lawyer I can tell you the general penalty for this type of possession is outlined in Idaho Code 37-2732 (1). It is a felony and upon conviction you can be sentenced to prison, not to exceed life, up to a $25,000 fine or both. This is the gray area that I outlined above. What sentence you ultimately will have depends upon your criminal lawyer, the prosecuting attorney, the judge and you.
If you need to speak to a Boise Criminal Lawyer please call, (208) 472-2383.
Monday, February 14, 2011
Boise Divorce Attorneys Role in Domestic Violence Prevention
In today's paper there was an article about a domestic violence standoff over the weekend in Boise. As a Boise Divorce Attorney I often hear form people who find themselves in similar situations. The article outlined how a Boise woman was charged with aggravated assault and two counts of domestic violence. The Boise man was charged with violating a no-contact order and two counts of domestic violence.
Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.
If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383
Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.
If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383
Saturday, February 12, 2011
Boise Divorce Attorneys Role in Custody Matters
What role does a divorce lawyer play in a custody proceeding? The answer to that lies in what type of custody situation you are in. In Boise custody cases follow a fairly routine pattern. Once the divorce is initiated one attorney or the other, and at times both attorneys, will motion for temporary orders. Temporary orders are put into place to provide a consistent custody and visitation schedule during the divorce. Thereafter the parties are generally ordered to mediation.
While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.
Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.
Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.
While mediation can be difficult it can be a very helpful and meaningful exercise. If the parties can agree what custody and visitation schedule works best for them they are in control of their custody arrangement, rather than the lawyers arguing about what is best or the judge deciding for them. In this situation the role of a Boise divorce attorney is different than when mediation does not work. If it doesn't work, and sometimes it does not, the role of a Boise divorce lawyer shifts to preparing for trial.
Custody is determined by the best interest of the child. Divorce attorneys in Idaho will put forth the evidence which supports the best interest of the child. Sometimes, for their client that may be why they would make the best custodial parent. It could also be that their client wishes to have more or different visitation and a divorce lawyer would work with those facts to show how that is in the child's best interest.
Rarely are custody cases cut and dry and rarely are they the same from case to case. Because they differ, the role of divorce attorneys differs as well.
Friday, February 11, 2011
Boise Divorce Attorney Talks About Custody Differences Between Counties
As a Boise Divorce Attorney I often get calls from people wondering if it is better to bring a divorce and custody action in one county or another. First, let me say that your divorce and custody action has to be filed in the county where you reside. If, however, you have just moved say to Ada County from Canyon County and you still have property in Canyon County but also have property in Ada County and perhaps your children still reside in Canyon County, you are one of the few lucky ones who can choose in which county to file for divorce.
Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision
If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383
Divorce attorneys can tell you there are differences between counties when it comes to divorce and custody. Divorce in smaller counties is quicker simply because the case load is a lot less. Custody in Idaho is determined by the best interest of the child using and considering factors outlined in the Idaho Code. How these are applied differs between counties. In addition, some counties require that you undergo a home study. Some counties require that you go through mediation. It is the job of divorce lawyers to present the court with evidence that supports how their client meets the criteria for the best interest of the child. It is the judge's job to make the ultimate custody decision
If you need to speak to a Boise divorce lawyer please give us a call at (208) 472-2383
Thursday, February 10, 2011
Boise Divorce Attorney Discusses Divorce and Custody
As a Boise Divorce Attorney, I receive regular calls about divorce and custody in Idaho. Every divorce and custody case is different and each have their own unique set of facts. However, there are certain elements that are similar to all divorce and custody cases in Idaho.
One example which I see regularly as a Boise Divorce Lawyer is something known as temporary orders. Temporary orders regulate visitation and temporary custody during the divorce proceedings. Some people like to try to use temporary orders for posturing. Attorneys who practice divorce in Boise or in Idaho know, however, that judges don't like this. Lawyers who practice divorce law know that a judge will look at what is known as the status quo. The status quo is that which already exists. So, if you are a parent who regularly takes care of the child, or you have been separated and the child has been living with you and you have been taking care of the child's regular needs, a judge in Idaho will look at that as the status quo.
Because continuity is a huge factor in determining custody, temporary orders will most often emulate the status quo. The aim of any custody proceeding is the best interest of the child and because continuity and stability are in a child' best interest, the judge will not want to upset that unless there is good reason to do so.
One example which I see regularly as a Boise Divorce Lawyer is something known as temporary orders. Temporary orders regulate visitation and temporary custody during the divorce proceedings. Some people like to try to use temporary orders for posturing. Attorneys who practice divorce in Boise or in Idaho know, however, that judges don't like this. Lawyers who practice divorce law know that a judge will look at what is known as the status quo. The status quo is that which already exists. So, if you are a parent who regularly takes care of the child, or you have been separated and the child has been living with you and you have been taking care of the child's regular needs, a judge in Idaho will look at that as the status quo.
Because continuity is a huge factor in determining custody, temporary orders will most often emulate the status quo. The aim of any custody proceeding is the best interest of the child and because continuity and stability are in a child' best interest, the judge will not want to upset that unless there is good reason to do so.
Tuesday, February 8, 2011
Boise Criminal Lawyer Discusses Drug Court
As a Boise Criminal Lawyer I often hear from people wanting to know if they or their friends or family are eligible for drug court. Drug Court was established as an alternative sentencing for drug charges. You do not have a right to be admitted to drug court but you can be considered after you undergo a criminal assessment and a substance abuse assessment. You absolutely cannot be considered for Drug Court, however if you are charged, have been plead or have been found guilty of a violent crime or a felony crime where a deadly weapon or firearm was used. You also cannot be considered for Drug Court if you were charged, plead or found guilty of a felony attempt, intent to commit, or conspired to commit a sex crime.
Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.
Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.
Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.
Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.
Monday, February 7, 2011
Boise Divorce Attorney Discusses Domestic Violence
As a Boise Divorce Attorney I often hear from people in the divorce context who are in a situation involving domestic violence. Domestic violence is a crime in Idaho. I see domestic violence in the context of being a divorce lawyer but also in the context of being a criminal defense attorney.
If you are a victim of domestic violence it is very important to take steps immediately to prevent any further violence toward you or your children. If you are the victim of domestic violence and you are ready to file for divorce you can seek a restraining order right along with your divorce complaint. There are certain procedural requirements for a protection order. Initially it is a temporary order and the protection is given without the other side having an opportunity to appear in court. Because they don't have the opportunity to be heard before a restraining order is put in place they are given an expedited hearing so that they can be heard as soon as possible to tell their side of the story.
From a criminal defense lawyer perspective, I have seen restraining orders put in place for very good reason. I have also seen restraining orders be abused. In this context they are often abused out of spite or to gain an upper hand in a divorce proceeding. No one should ever cry wolf about domestic violence. Judges can see right through the attempt and it does not increase your chances of receiving custody of your children. To falsely accuse someone of domestic violence is making a victim of them. Domestic violence is not a joke.
If you are the victim of domestic violence you should seek help immediately. Let the law help you and protect you. If you are seeking a divorce make certain you inform your attorney about any domestic violence situations so that a protection order may be filed along with your divorce complaint.
If you are a victim of domestic violence it is very important to take steps immediately to prevent any further violence toward you or your children. If you are the victim of domestic violence and you are ready to file for divorce you can seek a restraining order right along with your divorce complaint. There are certain procedural requirements for a protection order. Initially it is a temporary order and the protection is given without the other side having an opportunity to appear in court. Because they don't have the opportunity to be heard before a restraining order is put in place they are given an expedited hearing so that they can be heard as soon as possible to tell their side of the story.
From a criminal defense lawyer perspective, I have seen restraining orders put in place for very good reason. I have also seen restraining orders be abused. In this context they are often abused out of spite or to gain an upper hand in a divorce proceeding. No one should ever cry wolf about domestic violence. Judges can see right through the attempt and it does not increase your chances of receiving custody of your children. To falsely accuse someone of domestic violence is making a victim of them. Domestic violence is not a joke.
If you are the victim of domestic violence you should seek help immediately. Let the law help you and protect you. If you are seeking a divorce make certain you inform your attorney about any domestic violence situations so that a protection order may be filed along with your divorce complaint.
Wednesday, February 2, 2011
Boise Criminal Attorney Discusses Larceny
As a Boise Criminal Attorney I often get calls from people who have been charged with larceny. Larceny is the crime of theft.
Last week I got a telephone call from a young man who was charged with larceny. He had switched a price tag and tried to purchase a Walmart boxed stereo for a whoppingly reduced price. Using a "clearance" price tag, the young man took the stereo to the check out where he was apprehended.
He wanted to know if he had any defense to the crime. He said that he had just gone through divorce and a custody battle, he was recently charged with a DUI and he had no money. On top of it all he said he was just joking around. He was offering information for me to find a criminal defense for him. No such luck. According to Idaho Code, if you switch price tags to get a lessor price that is theft.
I have talked to other Boise attorneys and specifically other Boise Criminal Lawyers who have had the exact same type of telephone call. Many lawyers, however, say that these particular calls are becoming less because of the use of computer pricing, but many attorneys say they still hear it enough to know that that particular theft law is not out-dated.
As a Boise Criminal Attorney I can tell you if you intend to get a lessor price for something and you do something to make it appear that the lessor price is the price it is theft and even though it is sad, divorce or a child custody battle, a DUI, lack of money or joking around do not make a criminal defense.
Last week I got a telephone call from a young man who was charged with larceny. He had switched a price tag and tried to purchase a Walmart boxed stereo for a whoppingly reduced price. Using a "clearance" price tag, the young man took the stereo to the check out where he was apprehended.
He wanted to know if he had any defense to the crime. He said that he had just gone through divorce and a custody battle, he was recently charged with a DUI and he had no money. On top of it all he said he was just joking around. He was offering information for me to find a criminal defense for him. No such luck. According to Idaho Code, if you switch price tags to get a lessor price that is theft.
I have talked to other Boise attorneys and specifically other Boise Criminal Lawyers who have had the exact same type of telephone call. Many lawyers, however, say that these particular calls are becoming less because of the use of computer pricing, but many attorneys say they still hear it enough to know that that particular theft law is not out-dated.
As a Boise Criminal Attorney I can tell you if you intend to get a lessor price for something and you do something to make it appear that the lessor price is the price it is theft and even though it is sad, divorce or a child custody battle, a DUI, lack of money or joking around do not make a criminal defense.
Monday, January 31, 2011
Boise Divorce Attorney Discusses Grounds for Divorce
As a Boise Divorce Attorney I often get questions about the grounds for divorce. Some people seek divorce because they are generally unhappy with their spouse and want out of the marriage. Other people have very specific reasons for seeking divorce and don't want their divorce order to read, "irreconcilable differences". Divorce lawyers help clients understand what the grounds for divorce are and help them understand which ground they should claim and why. Attorneys in Idaho use Idaho Code section 32-603 which provides the grounds for divorce. They are adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, felony conviction, insanity and irreconcilable differences.
The first seven are called "for cause". This is because there is a specific fact or set of facts which support the claim. "For cause" divorce can be denied if the evidence does not support the claim. Irreconcilable difference is a catch all and there needs to be no specific reason to claim this grounds for divorce. As a Boise Divorce Lawyer I can tell you that the majority of divorce claims are brought on the grounds of irreconcilable differences. That is not to say that you shouldn't claim "adultery" or "neglect" if you have suffered from these. If you want to claim a "for cause" reason for divorce you should speak with an attorney who can explain to you what evidence is necessary to support that claim.
The first seven are called "for cause". This is because there is a specific fact or set of facts which support the claim. "For cause" divorce can be denied if the evidence does not support the claim. Irreconcilable difference is a catch all and there needs to be no specific reason to claim this grounds for divorce. As a Boise Divorce Lawyer I can tell you that the majority of divorce claims are brought on the grounds of irreconcilable differences. That is not to say that you shouldn't claim "adultery" or "neglect" if you have suffered from these. If you want to claim a "for cause" reason for divorce you should speak with an attorney who can explain to you what evidence is necessary to support that claim.
Friday, January 28, 2011
Boise DUI Lawyer Talks About Lost BAC Results
Believe it or not, evidence gets lost. Blood alcohol concentrations are key evidence for prosecutors. As a Boise DUI Lawyer, I feel it is important to challenge a DUI on a variety of grounds but especially if the prosecutor or the police have lost your BAC. Also, as a Boise DUI Lawyer I think that if your BAC has gone missing and then suddenly reappears, that you have a good challenge to the chain of custody. If your BAC was missing and then comes back, who knows what happened to it, who had control of it and what possible alteration could have been made to it while it was gone. If you are charged with a DUI, make certain your attorney looks for evidenciary challenges such as these. A lost BAC could mean the difference between a DUI and a lesser charge.
If you need more information on DUI please also visit www.duiboiseid.com
If you need more information on DUI please also visit www.duiboiseid.com
Wednesday, January 26, 2011
Boise Criminal Attorney Discusses the Difference Between Assault and Battery
As a Boise Criminal Attorney I often get asked what the difference between assault and battery is. Assault as defined by the Idaho Code is when a person has the ability and tries to harm another or a person intentionally threatens to do harm, coupled with the ability to do that harm. Battery is the unlawful use of force or violence against another, actual, intentional and unlawful touching of another or intentionally causing bodily harm to another.
So what does all that mean? To lawyers and to attorneys and to you it means the difference between up to a $1000 fine and/or up to 3 months in jail (assault) and up to a $1000 fine and/or up to six months in jail (battery), unless you commit battery against a pregnant woman. If you batter a pregnant woman (you have to know she is pregnant) then you can be put in jail for up to one year.
To lawyers and attorneys it also means, did you touch the person or not? Assault is the threat of harm and battery is the actual touching. As a Boise Criminal Attorney people often ask me why they have been charged with both crimes. Assault is the lessor offense and if you have actually unlawfully touched another you will be charged with both crimes just in case the evidence of the battery is not sufficient to convict you.
So what does all that mean? To lawyers and to attorneys and to you it means the difference between up to a $1000 fine and/or up to 3 months in jail (assault) and up to a $1000 fine and/or up to six months in jail (battery), unless you commit battery against a pregnant woman. If you batter a pregnant woman (you have to know she is pregnant) then you can be put in jail for up to one year.
To lawyers and attorneys it also means, did you touch the person or not? Assault is the threat of harm and battery is the actual touching. As a Boise Criminal Attorney people often ask me why they have been charged with both crimes. Assault is the lessor offense and if you have actually unlawfully touched another you will be charged with both crimes just in case the evidence of the battery is not sufficient to convict you.
Sunday, January 23, 2011
Boise Divorce Attorney Talks About Community Property and Lottery Winnings
In today's news there was a story about a northern Idaho woman who won $190 million in a lottery jackpot. The woman was separated from her husband but had never gotten a divorce. As a Boise Divorce Attorney the question I see is, "are the lottery winnings community property?".
While there is not case on point in Idaho, Idaho Code 32-606 gives willful desertion as a grounds for divorce. In Idaho, however, you must file for divorce and actually go through a divorce proceeding to be divorced. Also, in Idaho, as long as you are married, your income is community property and anything you purchase with your money is community property. On the other hand, there is an Idaho Statute, Idaho Code 32-909, which has been determined to be unconstitutional presumably because of equal protection reasons, which states that the earnings of a wife living separate from her husband are her separate property. While the statute has been declared unconstitutional it has not been repealed.
As a Boise Divorce Attorney I see this case as one of those murky areas where there is no smoking gun, there is no black and white. While the law seems to say that the lottery winnings are community property, equity would say that the husband should have no claim to the money.
With Holly Lahti's new found wealth she certainly has the resources to pursue any claim her husband makes against her.
Pat Kershisnik is a local Boise Divorce Attorney. This blog is also available at www.lawboiseid.com at Law-in-the-news.
While there is not case on point in Idaho, Idaho Code 32-606 gives willful desertion as a grounds for divorce. In Idaho, however, you must file for divorce and actually go through a divorce proceeding to be divorced. Also, in Idaho, as long as you are married, your income is community property and anything you purchase with your money is community property. On the other hand, there is an Idaho Statute, Idaho Code 32-909, which has been determined to be unconstitutional presumably because of equal protection reasons, which states that the earnings of a wife living separate from her husband are her separate property. While the statute has been declared unconstitutional it has not been repealed.
As a Boise Divorce Attorney I see this case as one of those murky areas where there is no smoking gun, there is no black and white. While the law seems to say that the lottery winnings are community property, equity would say that the husband should have no claim to the money.
With Holly Lahti's new found wealth she certainly has the resources to pursue any claim her husband makes against her.
Pat Kershisnik is a local Boise Divorce Attorney. This blog is also available at www.lawboiseid.com at Law-in-the-news.
Saturday, January 22, 2011
Boise DUI Lawyer Talks About Aggravated Driving Under the Influence
As a Boise DUI Lawyer I feel one of the saddest parts of my job is when someone is charged with aggravated driving under the influence. This is a difficult charge because what it means is that someone was driving under the influence of alcohol, drugs or other intoxicating substance and caused great bodily harm, permanent disability or permanent disfigurement to another.
The penalty for aggravated driving under the influence is very serious. This is a felony charge. You can be sentenced to prison for up to 15 years and ordered to pay a fine of up to $5,000. In addition, you will lose your license, beginning upon your release, for up to five years. You will also be ordered to pay restitution.
If that weren't enough, Idaho law allows any evidence of your conviction to be used in a civil proceeding against you. A "conviction" for the purposes of this code section not only includes if you are found guilty but if you plea or get a withheld judgment.
If you need to speak to a Boise DUI Lawyer call or an Idaho Criminal Attorney, (208) 472-2383 or visit us on the web at www.lawboiseid.com or www.duiboiseid.com
The penalty for aggravated driving under the influence is very serious. This is a felony charge. You can be sentenced to prison for up to 15 years and ordered to pay a fine of up to $5,000. In addition, you will lose your license, beginning upon your release, for up to five years. You will also be ordered to pay restitution.
If that weren't enough, Idaho law allows any evidence of your conviction to be used in a civil proceeding against you. A "conviction" for the purposes of this code section not only includes if you are found guilty but if you plea or get a withheld judgment.
If you need to speak to a Boise DUI Lawyer call or an Idaho Criminal Attorney, (208) 472-2383 or visit us on the web at www.lawboiseid.com or www.duiboiseid.com
Thursday, January 20, 2011
Boise Attorney Discusses Filing a DBA and Registering a Small Business in Idaho
As a Small Business Attorney in Boise I often get questions about DBAs in Idaho. If you have a small business or a large business for that matter and you operate your business with an assumed name you are required to file a DBA with the Secretary of State's office. You must do this before you start operating your small business.
You must also decide what legal status your business will be. Many small business owners choose to run their businesses as an LLC (limited liability company). You can also choose to operate your small business as a sole proprietorship, partnership, a LLP (limited liability partnership), limited partnership, a corporation, an S corporation, a C corporation, a non-profit corporation, a professional services corporation, or a PLLC (professional limited liability company.)
How you choose to register your small business will affect your liability as a small business and your tax consequences.
If you open a small business with employees or your small business has retail sales, you must also register with the Idaho Tax Commission, the Idaho Department of Labor and the Idaho Industrial Commission.
If you need to speak to a small business attorney in Boise call (208) 472-2383 or visit www.lawboiseid.com for more information.
You must also decide what legal status your business will be. Many small business owners choose to run their businesses as an LLC (limited liability company). You can also choose to operate your small business as a sole proprietorship, partnership, a LLP (limited liability partnership), limited partnership, a corporation, an S corporation, a C corporation, a non-profit corporation, a professional services corporation, or a PLLC (professional limited liability company.)
How you choose to register your small business will affect your liability as a small business and your tax consequences.
If you open a small business with employees or your small business has retail sales, you must also register with the Idaho Tax Commission, the Idaho Department of Labor and the Idaho Industrial Commission.
If you need to speak to a small business attorney in Boise call (208) 472-2383 or visit www.lawboiseid.com for more information.
Tuesday, January 18, 2011
Boise Divorce Attorneys Discussess Temporary Orders
As a Boise Divorce Attorney clients often ask me about temporary orders. Specifically, people often ask if they can ask for something different than what they already have. Custody and visitation, for example, are a big area where parties to a divorce seek to establish an order giving them better visitation or more custody than the status quo. If you are a parent who has stayed at home with your child and you have provided the daily care of that child, of course that is what you would ask for in temporary orders. In the converse, the other party might want to take the opportunity to bring up past issues of things like anger, or laziness or the like, to try to get more visitation.
Judges do not like this. In general, temporary orders will preserve the status quo. If you bring up an argument such as you fear for the children because of the other parent's anger, but that parent has had those anger issues all along, the judge will see your desire to change the status quo as an act done in spite.
Child custody and the determination of it has so much to do with stability and continuity. Judges do not like to mess with stability and continuity in child custody cases.
If you are seeking a divorce or child custody and you need to speak to a Boise Divorce Attorney
please call, (208) 472-2383 or visit us at www.lawboiseid.com or www.divorceboiseid.com
Judges do not like this. In general, temporary orders will preserve the status quo. If you bring up an argument such as you fear for the children because of the other parent's anger, but that parent has had those anger issues all along, the judge will see your desire to change the status quo as an act done in spite.
Child custody and the determination of it has so much to do with stability and continuity. Judges do not like to mess with stability and continuity in child custody cases.
If you are seeking a divorce or child custody and you need to speak to a Boise Divorce Attorney
please call, (208) 472-2383 or visit us at www.lawboiseid.com or www.divorceboiseid.com
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