Idaho Divorce Lawyer

Child Custody Disputes - Costs and Expenses

2010-04-13T19:59:00.000-07:00

Anytime you have a contested child custody dispute you will face certain costs and expenses. Some of these expenses include:

Attorney fees - if billed by the hour you will pay a minimum of $1,500.00 but more likely somewhere between $3-5,000.00. Make sure that you discuss this with your attorney to find out the actual costs not just the initial costs and the hourly rate you will be charged. Find out if the attorney will guarantee his/her fee.
Filing fees - $76.00-129.00 depending on whether the child custody dispute is part of a divorce or or not.
Child Custody Evaluation - many Idaho courts are now requiring a child custody evaluation. If ordered to conduct an evaluation you will be looking at between $750-3,000.00.
Photocopies, Faxes, etc. - if billed by the hour you will also be charged around 0.30 per fax page and 0.25 per copy. You will also be charged for any long distance charges.
Subpoenas - it may be necessary to subpoena information from various individuals, businesses, or organizations. Each subpoena can cost anywhere from $20-100.00.
Witness Fees. Anytime you call the custody evaluator or other witnesses at trial you may have to pay for their appearance. Expect witness fees between $300-500.00.

These are just some of the costs and expenses you will face when going through a disputed child custody evaluation. Make sure to discuss costs and fees with your attorney and request that they guarantee their fee.

In an effort to provide guaranteed fees, Snake River Law has moved to flat fees in child custody disputes and guarantees its clients a fixed flat rate for attorney fees.

Joint Custody

2010-03-01T07:36:00.000-08:00

Idaho is a joint custody state when making child custody determinations during an Idaho divorce case. "Joint Custody" in Idaho means awarding custody of the minor child or children to both parents and providing that physical custody shall be shared by the parents in such a way as to assure the child or children of frequent and continuing contact with both parents. Also, in Idaho, there is the presumption that joint custody is in the best interests of a minor child or children.

If you are currently having a custody dispute or are in need of an Idaho Child Custody Lawyer contact Snake River Law PLLC at (208)406-9885. If you mention this blog, you will get your Child Custody Strategy Session for FREE (a $400.00 value).

Best Interests of a Child

2010-02-27T08:14:00.000-08:00

When determining the best interests of a child in an Idaho divorce proceeding the court considers the following factors in making its determination of the custody arrangement that will be the best for the children:

(a) The wishes of the child’s parent or parents as to his or her custody;
(b) The wishes of the child as to his or her custodian;
(c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
(d) The child’s adjustment to his or her home, school, and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the child; and
(g) Domestic violence whether or not in the presence of the child

Courts also will take into consideration any drug or alcohol use/abuse in making a determination.

Often, when there is a dispute over custody, the court will order that a custody evaluator be retained to examine the custody situation and issue a report and recommendation as to what they believe is the child's best interests.

If you are currently having a custody dispute or are in need of an Idaho Child Custody Lawyer contact Snake River Law PLLC at (208)406-9885. If you mention this blog, you will get your Child Custody Strategy Session for FREE (a $400.00 value).

Divorce Process 101

2010-01-13T08:20:00.000-08:00

What happens when you file for divorce? What are the steps to filing an Idaho divorce? These questions typically are one of the first questions I hear as a Pocatello Idaho Divorce Lawyer. So here is a brief breakdown of the process in an Idaho Divorce proceeding in Bannock County, Idaho:

You will file a complaint asking for a divorce with the county clerk
When filing you will be given an order to attend a parenting workshop and you children will be encouraged to attend a divorce education class
You will also be given a joint prohibitive order that places restrictions on property, debt, and the physical location of children
You will need to serve the opposing party with a copy of the complaint
Once served, you will be asked to go through a case management screening with Family Court Services
Family Court Services will issue a report and recommendation regarding mediation (or other viable options for resolution of your divorce)
Mediation will occur if recommended by family court services
If mediation is unsuccessful or not recommended, the judge will set your case for a status conference to schedule the trial and deadlines for your case
You will have a court trial (without a jury) to finalize your divorce, typically anywhere from 3-6 months after filing the divorce

This is a very quick look at the process and steps behind an Idaho Divorce. They can vary depending on each case. If you are considering an Idaho Divorce or are currently in a divorce proceeding, contact Snake River Law PLLC, a Pocatello Idaho Divorce Law firm, for more information regarding the divorce process.

Debt and Divorce

2010-01-13T08:07:00.000-08:00

Like many people in Idaho when considering a divorce, debt is a major factor in the finalization of the marriage. Idaho Divorce Laws require that community debt be divided equally between the parties.

Community debt is any debt acquired by either spouse during the term of the marriage. It does not matter if the debt was acquired jointly or individually. It does not matter if one spouse did not know about the debt. It does not matter what the debt was for...gambling, credit cards, living expenses, vacations, etc. because it will be considered community debt and it will need to be divided equally between the spouses. Like everything in law, there are some exceptions to community debt, but for the most part all debt will be considered community debt.

Idaho Divorce Law regarding community debt and loans has been interpreted by the Idaho Court of Appeals as follows:

There is a rebuttable presumption that a debt incurred during marriage is a community debt. In the case of a loan, the nature of the loan proceeds determines the nature of the debt. If the proceeds of the loan are separate property, the debt is also separate. In determining the nature of the proceeds of a loan, examination must be made of the basis of the extension of the credit. The proceeds of loans made upon the security of a spouse's separate estate are separate, and those made upon the security of the community estate are community. This rule is based upon the fact that the estate providing the security is the primary source of repayment. However, the fact that one estate provides the security does not necessarily lead to a conclusion that this estate is also the primary source of repayment of the debt. If there exists between the spouses an actual, articulated intent that the obligation be separate or community in character, that intent shall control. (McAffee v. McAffee)

If you are considering and going through an Idaho Divorce, contact an Idaho Divorce Attorney is you have questions regarding community debt.

What is a QDRO?

2010-01-13T07:44:00.000-08:00

A QDRO (Qualified Domestic Relations Order) is a court order that is issued in connection to a divorce proceeding when the court divides retirement, pension, or other qualified accounts. The requirement for the issuance of the QDRO needs to be included in the Idaho Divorce Decree or the plan administrator will not recognize the QDRO.

The QDRO establishes a spouse's legal right to receive a designated percentage of the other spouse's qualified plan account balance or benefit payments. In Idaho, qualified accounts are community property, and the ex-spouse may be entitled to recover 50% of the money placed into the account during marriage and any growth that has occurred during marriage. For example, if you (which includes any employer matching funds) have contributed $100,000.00 during marriage to a qualified account and the account has accumulated $100,000.00 extra in growth for a total of $200,000.00, you spouse would be entitled to 1/2 of these funds, or $100,000.00.

Also, the QDRO arrangement permits your ex to withdraw his/her share and roll the money over into his or her own IRA to the extent current withdrawals are permitted by the terms of the qualified retirement plan. The IRA rollover procedure allows your ex to take over management of the money while continuing to postpone taxes until funds are withdrawn from the IRA. Once again, the important point from your perspective is that your ex will be the one who owes the taxes. If this doesn't happen, the plan administrator will split the account at the date of divorce and place your ex's funds into a separate account.

If you need to create a QDRO for your divorce case, please contact an Idaho Divorce Lawyer. If you are considering a divorce or are currently in a divorce proceeding that will impact a qualified account and necessitate the preparation of a QDRO, please contact Snake River Law PLLC by email or at 208.406.9885.

When Can I Get an Annulment in Idaho?

2010-01-13T07:30:00.000-08:00

Idaho does allow a person to receive an annulment of their marriage under six circumstances. Typically, these options do not apply to an Idaho marriage so you most likely will need to contact an Idaho Divorce Lawyer and to proceed with an Idaho Divorce. Here are the six circumstances where you can receive an annulment:

1. One party was under the age of legal consent, (age 18 in Idaho) and such marriage was contracted without the consent of his or her parents or guardian, or persons having charge of him or her;

2. A former husband or wife of either party was living, and the marriage with such former husband or wife was still valid (i.e you have become the second spouse because the first marriage was never terminated);

3. Either party was of unsound mind;

4. Consent of either party was obtained by fraud;

5. Consent of either party was obtained by force;

6. Either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable (i.e. sexual disfunction).

If you fall into any of these categories, you may have grounds to receive an annulment of your marriage in Idaho. Otherwise, you would need to proceed with a divorce to terminate your marriage. Please contact an Idaho Divorce Lawyer if you believe you have grounds for an annulment in Idaho.

Community Property vs Separate Property

2010-01-02T11:16:00.000-08:00

A question that often presents itself during an Idaho Divorce proceeding is the difference between community property and separate property.

SEPARATE PROPERTY

Separate property is basically everything a husband or wife owned separately prior to marriage. Separate property typically includes:

Anything owned prior to marriage
Anything inherited or received as a gift during the marriage

Separate property can also include anything that one spouse gives up to the other spouse in writing, with prenuptial or postnuptial agreements being to most common. If separate property becomes mixed with community property, you will have to trace the separate property in order to recover the separate property. Separate property is not considered in the division of property between the parties at the time of divorce and each party should be confirmed their separate property during an Idaho Divorce.

COMMUNITY PROPERTY

Community property is everything that a husband and wife own together, including any real property, money earned, retirement accounts, vehicles, households goods, etc. until the date of divorce. All property acquired during the marriage with "community" money is owned equally by both the wife and husband. All community property will need to be divided equally between the parties at the time of an Idaho Divorce.

If you are considering an Idaho Divorce or are currently in the process of an Idaho Divorce, contact Mark R Petersen, a Pocatello Idaho Divorce Lawyer.

Idaho Divorce 101

2009-12-29T08:49:00.000-08:00

When an Idaho Divorce becomes necessary, you will need to consider at least two, and possibly four, major areas of your life:

1. Division of Property

2. Division of Debt

Idaho is a "Community Property" state, meaning that most property and debt acquired during the marriage (except for gifts or inheritances) is owned jointly by both spouses and is divided equally (or as near to equal as possible) upon divorce. Joint ownership is automatically presumed by law in the absence of specific evidence that shows the property is the separate property of one spouse.

And, if you have minor children:

3. Child Custody

4. Child Support

Idaho is a joint custody state meaning that each parent has the right to joint legal and physical custody of the children. Idaho child support is calculated under the Idaho Child Support Guidelines (download in .pdf format here), with income and custody arrangement being the two biggest influences on the amount of child support.

If you are considering an Idaho Divorce or are currently in the process of an Idaho Divorce, contact Mark R Petersen, a Pocatello Idaho Divorce Lawyer.