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.
Showing posts with label child support. Show all posts
Showing posts with label child support. Show all posts
Wednesday, April 20, 2011
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.
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.
Friday, December 17, 2010
Boise Divorce Attorney Talks About Holiday Visitation
As a Boise Divorce Attorney I see people scrambling this time of year, trying to get into Court wanting to modify their holiday visitation schedule, trying to enforce a holiday visitation schedule or trying to establish temporary orders to set a holiday visitation schedule.
Proactive orders are always the best. Meaning, making certain the original divorce and child custody decree set forth specifically what the schedule will be and when and how it can differ. This, sadly, is not usually the case.
As a Boise Divorce Attorney I regularly see people whose ex won't abide by the divorce and child custody decree, or whose ex wants to take an extended vacation during their scheduled time. During the holiday season the closer it gets to Christmas or Thanksgiving the more difficult it is to get before a judge to make changes or to modify a decree.
If you anticipate there is going to be a problem or a change during the holidays it is much easier to get it done early, much like early Christmas shopping. If you wait till the day before, you might have to do your shopping after Christmas!
For more information concerning divorce, child custody, child support, modification and visitation please visit www.lawboiseid.com or www.divorceboiseid.com
Proactive orders are always the best. Meaning, making certain the original divorce and child custody decree set forth specifically what the schedule will be and when and how it can differ. This, sadly, is not usually the case.
As a Boise Divorce Attorney I regularly see people whose ex won't abide by the divorce and child custody decree, or whose ex wants to take an extended vacation during their scheduled time. During the holiday season the closer it gets to Christmas or Thanksgiving the more difficult it is to get before a judge to make changes or to modify a decree.
If you anticipate there is going to be a problem or a change during the holidays it is much easier to get it done early, much like early Christmas shopping. If you wait till the day before, you might have to do your shopping after Christmas!
For more information concerning divorce, child custody, child support, modification and visitation please visit www.lawboiseid.com or www.divorceboiseid.com
Thursday, October 28, 2010
Military Divorce, Child Custody and Child Support Issues - Important Consideration for a Boise Divorce Attorney
As a practicing Boise Divorce Attorney it is important to keep up on changes in the law in relation to Divorce, Child Custody and Child Support issues in relation to military divorce.
For both active and non-active members of the military, the military pension is a good example of repeated change in divorce law. The law has gone back and forth on this issue. At certain times the military pension was regarded as a non- community property asset. That changed giving military spouses a community property interest in the other party's pension.
In 1982 the Uniformed Services Former Spouses' Protection Act limiting the amount of the member’s retired pay which can be paid to a former spouse to 50% of the member’s disposable retired pay (gross retired pay less authorized deductions. It also required that the parties must have been married for at least 10 years while the member performed at least 10 years of active duty service before a division of retired pay is enforceable and it specified how an award of military retired pay must be expressed. In addition it required that the former spouse actually take the step to actually submit a copy of the divorce decree and order for division of military retirement within 90 days in order for the request to be processed.
As a Boise Divorce Attorney who has done military divorces, I have personally experienced the various difference between a military and a civilian divorce. A few examples of the difference are: An active member of the military must be served with the divorce complaint personally. Also, an active member of the military has the option of asking, and it is in the Idaho court's discretion to grant it, that the proceedings be delayed for the entire term of the military personnel's duty and for up to 60 days thereafter.
As a Boise Divorce Attorney, I have seen the differences in child custody and child support as they relate to military divorce as well. Child support cannot exceed 60% of the service person's pay and allowances. The same goes for spousal support. As far as child custody in a military divorce, the courts must look heavily at the consistency and stability element of child custody determination because of the possibility of the military move. This often translates into longer summer visitation rather than frequent weekly visitation depending upon where the non-custodial parent resides.
If you have military divorce issues it is important to find a Boise Divorce attorney who knows the ins and outs of military divorce. For more information on divorce, please visit www.lawboiseid.com and www.divorceboiseid.com where you can find detailed information on divorce as well as contact information.
For both active and non-active members of the military, the military pension is a good example of repeated change in divorce law. The law has gone back and forth on this issue. At certain times the military pension was regarded as a non- community property asset. That changed giving military spouses a community property interest in the other party's pension.
In 1982 the Uniformed Services Former Spouses' Protection Act limiting the amount of the member’s retired pay which can be paid to a former spouse to 50% of the member’s disposable retired pay (gross retired pay less authorized deductions. It also required that the parties must have been married for at least 10 years while the member performed at least 10 years of active duty service before a division of retired pay is enforceable and it specified how an award of military retired pay must be expressed. In addition it required that the former spouse actually take the step to actually submit a copy of the divorce decree and order for division of military retirement within 90 days in order for the request to be processed.
As a Boise Divorce Attorney who has done military divorces, I have personally experienced the various difference between a military and a civilian divorce. A few examples of the difference are: An active member of the military must be served with the divorce complaint personally. Also, an active member of the military has the option of asking, and it is in the Idaho court's discretion to grant it, that the proceedings be delayed for the entire term of the military personnel's duty and for up to 60 days thereafter.
As a Boise Divorce Attorney, I have seen the differences in child custody and child support as they relate to military divorce as well. Child support cannot exceed 60% of the service person's pay and allowances. The same goes for spousal support. As far as child custody in a military divorce, the courts must look heavily at the consistency and stability element of child custody determination because of the possibility of the military move. This often translates into longer summer visitation rather than frequent weekly visitation depending upon where the non-custodial parent resides.
If you have military divorce issues it is important to find a Boise Divorce attorney who knows the ins and outs of military divorce. For more information on divorce, please visit www.lawboiseid.com and www.divorceboiseid.com where you can find detailed information on divorce as well as contact information.
Tuesday, October 19, 2010
Boise Divorce Attorney Discusses Co-Habitation and its Effect on Property Division, Child Custody and Child Support
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
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
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