As a Boise Divorce Attorney I have seen the law concerning co-habitation change over the years. It used to be that you could decide to live together and share your property and debt and thereby create a common law marriage. Idaho no longer recognizes common law marriage, except that if you formed a common law marriage before January 1, 1996 your marriage is grandfathered in and you are considered married.
I know many an Idaho Lawyer who has been approached by a client who asks, "So what happens if I began living together after January 1, 1996 and my ex and I had a child together and then we decide to split? Well, first of all the issues of child custody and child support pretty much remain the same, whether you were married or not. Child custody will be determined by the factors outlined in the Idaho Code and child support will be set by the Idaho Child Support Guidelines with mandatory withholding and Idaho employment law implications as discussed in a previous blog.
The real question is what happens to the property and the debt. If you were married the property and debt would follow community property laws, but if you were never married community property laws do no apply. The purchase and ownership of the property will be treated as a contractual relationship. Since you probably did not sign any agreement as to how the property would be split if you split, you have to look at the surrounding circumstances. Has one party paid more than the other, thereby giving them a greater interest in the property? Has one party always paid more or have they done so just recently? Was the property purchased as income property or was it purchased for private use? What kind of funds were used to purchase the property? Did the parties take out a loan? Who signed the loan documents? The issues as to whose property it will become would be the same as if two business partners purchased property together. And, of course, even if you split up, you can remain co-owners of the property and never divide it. However, the most likely thing that will occur if you both have paid and used the property is that one party will buy the other party out.
As far as the debt is concerned, you would look to who is obligated on the note. If both parties are, then both parties will remain until it is paid off or one party buys the other out.
Co-habitation sets up some interesting questions as to property and debt issues when there is no marriage to kick in community property laws. But remember, whenever you have a child, child custody and child support are not affected by the lack of marriage. As a Boise Divorce Attorney I see many people who wish they could use those community property laws because it makes the division of property much easier.
For more information concerning divorce, child custody, child support and Idaho employment law as it relates to child support in Idaho please visit www.lawboiseid.com
Showing posts with label Idaho employment law. Show all posts
Showing posts with label Idaho employment law. Show all posts
Tuesday, October 19, 2010
Thursday, October 14, 2010
Employment Law Issues - Workplace Discrimination and Sex Discrimination Harassment
Workplace discrimination can come in many forms. In today's employment law blog I will be discussing sex discrimination harassment. This type of discrimination is different from sexual harassment. For a sexual harassment suit you must show that there are advances of a sexual nature and that those advances are unwanted. Sex discrimination harassment can include sexual harassment but does not have to in order to file suit.
In Employment Law terms, sex discrimination harassment occurs when a hostile work environment is created. For example, if you are a female and your boss or co-worker regularly makes offensive remarks about your gender, women in general, your particular female characteristics or about organizations that are primarily female organizations so frequently or severe that your place of work becomes noxious, you may have a basis to file a suit. Also, an office policy that applies to both genders can cause discrimination if it has a negative impact on one sex and it is not necessary for the operation of the business. The harassment, however, cannot be isolated or infrequent and cannot be simple teasing.
Of course, sex discrimination harassment does not only protect women. It protects men as well. It also applies whether the harasser is male or female and whether the harassment comes from a supervisor, a co-worker, or even a client of the company.
Employment law remedies for sex discrimination harassment are in place to put the employee back in a position they would have been had the discrimination not occurred. This could be reinstatement, raise or promotion. But it doesn't necessarily stop there. Remedies may also include compensatory or punitive damages. Compensatory damages may be awarded for out of pocket expenses such as those incurred looking for a new job or to compensate for emotional distress caused by the discrimination. Punitive damages are awarded when the employer has been especially malicious in their treatment of the employee.
There are caps placed upon compensatory and punitive damages based upon the number of employees in the company and those are as follows:
* For employers with 15-100 employees, the limit is $50,000.
* For employers with 101-200 employees, the limit is $100,000.
* For employers with 201-500 employees, the limit is $200,000.
* For employers with more than 500 employees, the limit is $300,000.
In Employment Law terms, sex discrimination harassment occurs when a hostile work environment is created. For example, if you are a female and your boss or co-worker regularly makes offensive remarks about your gender, women in general, your particular female characteristics or about organizations that are primarily female organizations so frequently or severe that your place of work becomes noxious, you may have a basis to file a suit. Also, an office policy that applies to both genders can cause discrimination if it has a negative impact on one sex and it is not necessary for the operation of the business. The harassment, however, cannot be isolated or infrequent and cannot be simple teasing.
Of course, sex discrimination harassment does not only protect women. It protects men as well. It also applies whether the harasser is male or female and whether the harassment comes from a supervisor, a co-worker, or even a client of the company.
Employment law remedies for sex discrimination harassment are in place to put the employee back in a position they would have been had the discrimination not occurred. This could be reinstatement, raise or promotion. But it doesn't necessarily stop there. Remedies may also include compensatory or punitive damages. Compensatory damages may be awarded for out of pocket expenses such as those incurred looking for a new job or to compensate for emotional distress caused by the discrimination. Punitive damages are awarded when the employer has been especially malicious in their treatment of the employee.
There are caps placed upon compensatory and punitive damages based upon the number of employees in the company and those are as follows:
* For employers with 15-100 employees, the limit is $50,000.
* For employers with 101-200 employees, the limit is $100,000.
* For employers with 201-500 employees, the limit is $200,000.
* For employers with more than 500 employees, the limit is $300,000.
Wednesday, September 8, 2010
Idaho Employment Law
Idaho Employment Outlook Still Grim:
Idaho's jobless rate increased by a tenth of a percentage point in August reaching 8.9%. Despite the Federal Government's continued extension of unemployment payments, many Idahoans have dropped out of the job search. The number of people in Idaho working or seeking worked dropped to 756,000. Although the private sector added 1000 new jobs allowing new hires to increase to 13,000 for only the second time this year, the jobless ratio (the ratio of unemployed to jobs) still sits at 7 unemployed workers to 2 job openings.
This economic environment is one where you should question "why was I fired?" or "was I discriminated against during the hiring process?" No one can afford to lose their job or not be hired now.
Idaho's jobless rate increased by a tenth of a percentage point in August reaching 8.9%. Despite the Federal Government's continued extension of unemployment payments, many Idahoans have dropped out of the job search. The number of people in Idaho working or seeking worked dropped to 756,000. Although the private sector added 1000 new jobs allowing new hires to increase to 13,000 for only the second time this year, the jobless ratio (the ratio of unemployed to jobs) still sits at 7 unemployed workers to 2 job openings.
This economic environment is one where you should question "why was I fired?" or "was I discriminated against during the hiring process?" No one can afford to lose their job or not be hired now.
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