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Idaho Questions & Answers
1 Answer | Asked in Family Law for Idaho on
Q: can idaho css suspend a drivers license for arrears in child support even after the 5 yr statue of limitations has past?
Kevin M Rogers
Kevin M Rogers answered on Aug 2, 2021

Yes. Idaho has no statute of limitations for collecting child support. Suspending your DL is a Legislative creation. Chapter 12, Title 32. The limitation of 5 yrs. where did you get that? I have made a rather cursory check of the limitations of certain actions in Idaho, and unfortunately, I... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Idaho on
Q: what kind of lawyer am i looking for. idaho bad car from a dealer

i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 2, 2021

The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a... Read more »

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Can my childs mother keep my son from visiting me before court ordered custody is established in idaho

She has been refusing me visitation with our son, i moved to idaho to be near him.

We got married but she didnt turn in paperwork

Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2021

Yes she can. At this point, until you establish parental RIGHTS to your child, the ONLY thing Idaho gives you are RESPONSIBILITIES! Financial responsibilities. However, just because you're paying child support, that doesn't bestow a SINGLE RIGHT on you. To get RIGHTS to a child, you... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: i was given a withheld judgement after successful probation. I have now met that probation period how do i file for it?

is there a form i need to fill out to get it done? i want to get the SR22 off my record

Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2021

All you need to do is have your lawyer file a Motion to Dismiss your WHJ! Easy sneezy! Great job!

1 Answer | Asked in Divorce and Child Custody for Idaho on
Q: Ex trying to meet any new romantic partner of mine and require my new relationship be 6 months old before introducing

Child to said romantic partner. Is this allowed?

Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2021

There are no laws governing how ling you should wait before introducing your child to new people in your life. However, judges may look at too rapid an introduction as "not good" and jydge you accordingly. There are many "factors" that judges go into when trying to make... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Insurance Defense for Idaho on
Q: I am having major issues with the idaho dol And am looking for representation. How do I get representation?

No one responds. No one will help. There are hundreds that that need help and no one gets back to us.

Tim Akpinar
Tim Akpinar answered on Jul 25, 2021

An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: My daughter is 17 turns 18 in 2 mo. What are the laws for carrying a juvie charge to a adult?
Kevin M Rogers
Kevin M Rogers answered on Jul 20, 2021

Your daughter's juvenile, criminal history is sealed; that is, unless she EVER gets in trouble after she turns 18. If she never gets in trouble no one will ever know about it. However, if she ever gets arrested after turning 18, all of her juvy records will be exposed by the prosecutors, who... Read more »

1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Can my husband adopt my daughter without biological fathers consent

My daughters biological father has never been in her life, when I was pregnant my now husband was my boyfriend so he’s been with me since before she was born. Her birth certificate has no fathers name on it. Her biological father hasn’t even talked to me or asked about her since I was a month... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2021

The answer to your question is NO. Your bf/now husband and you however, are in the position now of replacing the birth father BY ADOPTION with your new husband. But you are going to need to file two petitions:

1. Petition for Termination. This petition says, the bio father has not acted...
Read more »

1 Answer | Asked in Insurance Bad Faith for Idaho on
Q: I believe they have been ripping me off and they changed my home owner insurance with out my knowledge

They changed my home owner insurance no one let me know. They also let my police lapse every year for 2 months. They paid my taxes late every year but up my payment to pay for the late fees. Now i am under insured and my home burnt up. I paid more than my payment and always said the payment and the... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2021

If you read the closing documents VERY CAREFULLY, you will see that the mortgager put a clause in your papers explaining that your loan is part of a bundle of negotiable instruments in the financial market. Your "loan" is part of commerce. Buyers of "loans" buy your loan and... Read more »

1 Answer | Asked in Small Claims for Idaho on
Q: Can someone sue for property not returned if it then is returned?

A previous employer mailed me a printer and requested it back after I left their company. I have no vehicle and had no means to bring it down. I lost contact with them and just got into my email to find a threat to sue that has passed. I arranged a way to return the property and just want this... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 3, 2021

An Idaho attorney could advise best, but your post remains open for four weeks. No one here could predict what they would do. It's good that you made arrangements to return the printer. If you haven't already, let them know about the arrangements you made so they don't move forward... Read more »

1 Answer | Asked in Small Claims for Idaho on
Q: An employee forgot to give me $2100 for delivery until I asked at which time I did receive the $2100. Any legal action?
Tim Akpinar
Tim Akpinar answered on Jun 24, 2021

An Idaho attorney could advise best, but your question remains open for a week. It looks like you were paid the $2,100 you requested. It's not fully clear what the damages you're claiming would be - (1) is it interest on the money, (2) or damages suffered as a result of the delay? Without... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtai

Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?

Kevin M Rogers
Kevin M Rogers answered on Jun 18, 2021

Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: My husband was given power of attorney over his dad's property one-year before we were married, the will says it goes to

My husband then down the line in family ify husband died. The father died 4 months after our marriage, it's now legally his, with the will of continued family pass down. No prenup was signed, in a divorce so I have rights

Thank you

Kevin M Rogers
Kevin M Rogers answered on Jun 18, 2021

Every state was given the opportunity to adopt the "Uniform Probate Code." Washington adopted it and had changed a few things over the years. However, one thing that remains the same is that someone who dies with a will has the opportunity to make "devices" "gifts"... Read more »

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: I’ve been caring for my son’s dog for two years Do I have legal rights to keep him?

I have taken care of this dog in every aspect from food and loving him. He’s content and safe.

Kevin M Rogers
Kevin M Rogers answered on Jun 18, 2021

YES YOU CAN KEEP HIM: if you and your son agreed that you could.

NO YOU CANNOT KEEP HIM: if your son did not agree that you could.

It's as simple as that.

1 Answer | Asked in Contracts for Idaho on
Q: We live in a rental in idaho that is being sold to people who want to move in. What are our rights?

Are we required to move out? Is our lease being “sold” to the new owners? Do that have to hold to it?

If we have to move, can someone provide a source? I can’t find anything online about this.

Kevin M Rogers
Kevin M Rogers answered on Jun 18, 2021

Sorry to tell you this but you have no other rights other than to move out. Hopefully, the new owner will give you thirty (30) days to move your things. That's tough, I know. Renters in Idaho have a tough row to hoe!

1 Answer | Asked in Car Accidents for Idaho on
Q: What exactly does signing a release of interest form do and can I avoid paying the towing fee by signing one?

I totaled my car and when the tow truck came to get it, the driver told me that he would tow it free of charge in exchange for the vehicle. I agreed to that, but now I have a bill in the mail along with a release of interest form from the towing company. Does signing the release of interest form... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 13, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It could be difficult for an attorney, even an Idaho attorney, to advise on the operation of the form you describe, sight unseen. But as a GENERAL matter nationwide, a release of interest form is used to convey ownership... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: My daughter was arrested and my grandson was taken into foster care. They refuse to consider me . What do I do?

I was the closest person to this child. He has a bedroom in my home and spent 5 days a week with me. I have never been arrested and have a stable work and homelife. They refuse to even talk to me and tell me why. I feel as though CPS. is just a guise for human trafficing. They are their own... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 10, 2021

What do they tell you as their excuse for not considering you? Do you have any warrants or possibly living with someone on probation or parole? If you can't afford to hire a lawyer then go into the Court Assistance Office and ask them for a Petition for Guardianship and file it with the... Read more »

1 Answer | Asked in Estate Planning for Idaho on
Q: I want to change my second named executor of our living trust. Do I have to get a lawyer just to change a name?
Steven J. Fromm
Steven J. Fromm answered on Jun 5, 2021

Yes, you should have a simple addendum or amendment to the trust to document this change. Do not do this on your own or cross out the first name and add in the second name.

1 Answer | Asked in Child Custody and Divorce for Idaho on
Q: My wife got arrested out of the State of Idaho for trafficking. Is there emergency divorce help to protect me and kid?

She is out on Bond in Glenwood Springs CO

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

The UCCJA "uniform child custody jurisdiction act," says that a child's "home state" is where the child has lived for the six (6) months immediately preceding the filing (of the divorce etc.) that you're talking about. So, first question, where has the child lived for... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: My childrens father has passed on and i need to know who i contact to step foward and get custody
Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

If you and your husband's children were not adopted by you, then you are in the same position as I would be, if I petitioned to be his children's guardian. You are in a very tough position and likely to hear from your husband's brothers and sisters, possibly parents, who will want... Read more »

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