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Questions Answered by Kevin M Rogers
1 Answer | Asked in Family Law and Tax Law for Idaho on
Q: Does pro rata payment of the value of the tax exemptions" mean her part of taxes is included in child support each month
Kevin M Rogers
Kevin M Rogers answered on Feb 17, 2022

The short answer is YES.

There are several exemptions, credits and deductions in the tax code. The Idaho Child Support Guidelines, which are found in the new, Idaho Rules of Family Law Procedure, are confusing to say the least on this. Here are some points to consider:

1. The...
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1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a seller back out of a signed purchase agreement because his ex wife won’t re-sign quit claim deed that had a error

A friend offered my family to live in his house because he is always on the road. We have now lived in said homes for 5 years and he offered on multiple occasions to sell us the home for 90k. We finally agreed, no that we are 3 weeks from closing he is saying that his ex wife will not re-sign the... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 17, 2022

Very interesting situation for sure. Here's what the law will say:

1. He had the right to sell you the property. Real property is "unique," that is, money won't remedy a breach. It's the only property on earth that you can actually force the sale of, as long as...
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2 Answers | Asked in Criminal Law for Idaho on
Q: How can I get a discovery packet in Idaho before hiring a lawyer? This is for my fiancé, I am not listed on the case.

He has already been sentenced and is serving his time. We are trying for a post conviction, but lawyers don't seem to want to look at the case without this. The lawyer who represented him won't give us the full discovery packet. I contacted the clerk in the county he was prosecuted, they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 1, 2022

Do you have your bf's "Durable Power of Attorney," giving you the same rights that he would have to access his records? Maybe that's why you're being stonewalled. Even though you are his girlfriend, you have NO legal right to receive his legal documents. You must get the... Read more »

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1 Answer | Asked in Criminal Law for Idaho on
Q: I was wondering if this is legal

I'm a commercial truck driver I was trucking thru idaho I stopped and took my 10 hour break at the Walmart in Nampa idaho. I arrived at 1200pm noon I was asleep when I was awaken by a Nampa police officer shining a flash light in my window .he said he was there because of a 911 call a truck... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 9, 2022

Foul! Unless he can articulate what crime he believed was committed and the probable cause he had to believe that you were thE person that committed that crime, he has NO business searching your truck without a warrant. Unless he can get your permission to search, he must get a warrant. I... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Default divorce in Idaho, do I need to submit something after the CAO CV 7-1?

I have a question about divorce in Idaho. I have sent in all the forms, she was served and did not respond. I have submitted the CAO CV 7-1 and under Affidavit in Support of Default it has Comments: Decree of Divorce. However, it still says Active-Pending under status. I just want to make sure that... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 6, 2022

Yes there is a 21 day waiting period. Let us know 3-5 days after that time passed. You should receive the Decree within that amount of time.

1 Answer | Asked in Tax Law for Idaho on
Q: I worked for an employer for two days and did not fill out any tax paperwork. Got W2 with wrong info.

I worked for an employer for two days and did not fill out any tax paperwork. I have now received a W2 with my name misspelled and SSN incorrect. I believe this employer forged my tax paperwork.

Kevin M Rogers
Kevin M Rogers answered on Feb 6, 2022

The question to ask is: did I work for 2 days as my own boss, or did I go through the interview process and then was hired, as an employee? Your question didn't provide many clues. 2 days is a very short time for an "employee" to work and then quit. It's a very short time to... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: My ex spouse received stimulus money for child but doesnt even see child. Is there anything i can do about that?
Kevin M Rogers
Kevin M Rogers answered on Dec 27, 2021

Does the Stimulus Program dictate that only mother's with minor children at home will receive any money? I could be mistaken, and have been many times, but I don't think Congress created that program for ONLY single mothers, with minor children at home. Are you sure you're not... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a new home builder have work done from subcontractors without homeowner know what it cost?

Is this normal or legal? Example. We have 8000 cleaning bill at the end for a 4000 sq ft home. Many line items have ended in results over going over without knowing any price of the worked that was performed until the bank draws. No estimates or nothing.

Kevin M Rogers
Kevin M Rogers answered on Dec 27, 2021

Of course that can happen and often does. Do you need to be in on EVERY decision the General Contractor does, or did you hire him to make decisions about WHO to hire to do different parts of the project? Did you pay the General Contractor or does you contract with the GC, say that "despite... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: I had a contingency contract to buy a house in Idaho. I put down $5,000 earnest money.

I did sign off the final inspection, even though my agent ( who was a dual agent) didn't tell me that the $ would be considered non refundable. The sale of my home was my money/financing for the new home. The buyers of my house backed out a day before closing.

So, my financing fell... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 29, 2021

What you need to do is look at each, signed contract. You need to examine what the contingency or contingencies were and the time and dates that the contingencies must be met or dropped or failed etc. That's what a lawyer will do for you. It is a complicated set of facts to figure out without... Read more »

1 Answer | Asked in Collections for Idaho on
Q: If I get married and happen to die will my husband be responsible to pay off my Nevada court appointed restitution?

We live in Idaho and I owe over $50,000

Kevin M Rogers
Kevin M Rogers answered on Oct 25, 2021

No. Restitution is not a "joint and several" obligation unless there are more than one defendants who create the restitution issue through crime. Restitution is personal. It does not pass legally like another death might.

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: My daughter who is 2 hasn’t seen her mom since she was 4 months. can I file for abandonment/get her rights removed?

Her mom has been in and out of jail and she doesn’t call or text only reason I know she’s not in jail is because I check her Facebook. But she has had ZERO contact since she was 4 months old. No contact no calls no money nothing.

Kevin M Rogers
Kevin M Rogers answered on Oct 25, 2021

Idaho used to have a statute that said that a parent who fail to have normal parent/child relationship for over one year without just cause was guilty of abandonment and subject to having rights terminated. I do not know personally why that law was abandoned by the Idaho legislature but it has... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Idaho on
Q: How long can a state suspend your drivers licence even if you did nt get them in that stare

I got to duis in wyoming in 2005 and then moved to va and had a valid drivers licence then va issued me a licence then let me have it for a prosment 5 mins then suspended it

Kevin M Rogers
Kevin M Rogers answered on Oct 13, 2021

Most states respect other states' laws, as long as judgments were rendered with die process. VA issued you a valid DL for 5 minutes. That's actually a much shorter time than I would have guessed, with high speed computers and other means of transmission. Once VA discovered your DL status... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Idaho on
Q: Is it against the law for a city cop to release information about me to the company i work for and then get fired for it

The cop told him a bunch of bs and I have the text messages to prove it he violated my civil rights defamation of character and slander

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

If the cop was a "citizen" and not a cop, the question would be the same: can someone tell a potential employer information, which later serves as grounds for the company to fire an employee for fault? The answer is: yes.

A better question would be: can someone slander an...
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1 Answer | Asked in Contracts for Idaho on
Q: How to conduct Judgment Debtor Examination from out of state?

Good afternoon,

I want to file an order for Appearance and Examination against a Judgment Debtor. However, the Debtor resides in California, while we (Judgment Creditor) reside in Idaho. We have already obtained a sister-state judgment so we're all good there. But do we need to fly... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

Good afternoon,

Did you sue the debtor in California? or Idaho? Wherever you got your judgment is where you will file your "post judgment" motions. However, that's where the difficulty lies in trying to haul someone from CA to Idaho after the judgment. The subpoena power...
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1 Answer | Asked in Family Law for Idaho on
Q: What should I consider before moving out of jointly owned house with our child? Can this hurt me if we later divorce?

My husband's drinking is out of control and endangering our child. He won't leave, and I think it's best for us to temporarily separate. Can this decision impact a later divorce, custody, or division of assets? What else should I consider before moving?

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

You can separate without having a formal Separation Order. In fact, if you file for Divorce, the law gives either of the parties the right to ask the court for a sort-of "time out," where the parties will be prohibited each from filing any kind of paper for a period of ninety (90) days,... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Q: Is it legal for an adult aunt to share a bedroom with her teenage niece. We have been told that it is illegal
Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

There is no Idaho criminal law prohibiting an adult female from sharing a bedroom with a family member.

1 Answer | Asked in Real Estate Law for Idaho on
Q: Live in Idaho. Married, looking to buy property with my mom. Would spouse be entitled to 1/2 of property?

I plan to refinance the home I owned prior to marriage to purchase some land with my mom. Would my spouse be entitled to half that property if he’s not involved in the purchase and we were to divorce?

Kevin M Rogers
Kevin M Rogers answered on Oct 9, 2021

Your wife is entitled 1/4, as you have only 1/2 interest with your mother, so your wife is entitled 1/2 of your community interest.

1 Answer | Asked in Criminal Law for Idaho on
Q: What are the chances of beating 2 L & L charges

You will have to hear the whole situation just to be able to answer this question. But the base is my oldest screamed rape just so she don't have to move. There is a witness to her even stating that is the only reason why she said what she said. The cops even arrested him and forced him to... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

Are you writing as the child's mother? I got a little confused when you mentioned "him." In my book, there is NOTHING worse than an adult male abusing an underage female, period. That is, except a female who would manufacture a charge as serious, as heinous and hideous as lewd... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: prosecuting attorney hasn’t contacted me to let me know what’s happening with my case. do i need my own lawyer?

i filed a police report against my ex because she kicked me in the head & the state is pressing domestic battery charges against her. she has pre trial in 3 weeks & online in the court repository it said “notice of defense of alibi” does that mean she’s going to say she was never with... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

You have the right to hire an attorney, if you want to? You are the State's witness and a "victim" pursuant to the Victim's Rights Statute in Idaho. Under that law, you have the right to meaningful notice of how they're handling this prosecution. Be patient, and... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!

P.S., sue them in Small Claims Court.

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