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Questions Answered by Kevin M Rogers
1 Answer | Asked in Criminal Law for Idaho on
Q: How can I get an alternative writ of mandate created and served to a prosecutor in idaho

An assault was reported to the police. The victim was obviously assaulted. The police report was given to the prosecutor. The prosecutor chose not to charge the offender with the crime. Offender has a long record of assault on this victim and others. How do I get him charged and punished for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 1, 2019

A Writ of Mandate in Idaho law, is reserved for those for whom a duty is owed by some person in power. It is designed and reserved to enable someone for whom a duty is owed, to require the empowered to do what is "required" of him/her to do.

The Prosecutor does not owe you a duty, first...
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1 Answer | Asked in Family Law for Idaho on
Q: How would someone transfer guardianship, of an adult, to another person?
Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

A "guardianship" is a court-order. So, if you want to get a different guardian you will need to file another Petition for Guardianship, this time seeking a different person.

This is the exact reason that guardianships are superior to DPA's (durable powers of attorney). If all the person...
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1 Answer | Asked in Business Law and Consumer Law for Idaho on
Q: I am interested in finding how to collect monies from Amazon. Its called-Prime Profit. Please let me know.

The money comes from a tax on Amazon. How do i get a piece of it ?

Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2019

I didn't know that private citizens were entitled to share in a tax imposed upon Amazon? What makes you think that you're entitled to take part of a tax that Amazon has to pay based upon, what? I need a LOT more information before I could give you a very good answer.

1 Answer | Asked in Child Custody and Child Support for Idaho on
Q: I need help with filling out and filing custody papers. How would I go about that without being represented?

Can I pay hourly and where do I go?

Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2019

I understand money issues but custody papers and being self-represented do not go together. You can't imagine the difficulty of what you're thinking about doing. I would SO STRONGLY recommend that you ask family to loan you some serious money and hire an excellent attorney who knows the ropes and... Read more »

1 Answer | Asked in Child Custody for Idaho on
Q: Is there a legal service in boise area I can sit down and have my custody papers explained to me.
Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2019

2399 S. Orchard St., Ste. 204

Boise, Idaho 83705

Law Offices of Kevin M. Rogers

Attorney at Law

1 Answer | Asked in Adoption and Family Law for Idaho on
Q: Is it possible to file to have parental rights removed of a parent if the people who are adopting are not married

I am then natural mother and looking to removed the rights of the natural father, However, I am not married to who would be adopting them. What are my options

Kevin M Rogers
Kevin M Rogers answered on Sep 18, 2019

I'm sorry but it is not possible in the State of Idaho right now. The State of Idaho has a pecuniary interest in NOT terminating a natural parent's rights. Why? Because the State of Idaho taxpayers will ultimately have to pay for any social services that you receive as the unmarried parent of... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: We recently went to court for an eviction. We were told by our property manager that we have to represent ourselves.

We have a signed document from the judge stating that a specific third party organization will pay us September rent for our tenant, made payable to my husband and I, mailed to our house post mark dated by the 13th. If this was not followed it was grounds for an immediate writ of execution. We just... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 13, 2019

This is not true. You have the right to have legal counsel and I recommend you do! The ONLY legal actions I can think of in which you must represent yourself are if they sued you for back rent in small claims court and ?

2 Answers | Asked in Tax Law for Idaho on
Q: Husband is in prison for 4 years how do I file taxes?

My husband has a child with his ex. We filed together this past tax year he recently got sentenced to 4 years. We have 3 kids of our own and obvisouly I'm the only one providing how would I go about filing with out having my money going to child support. Also child support has stopped but he also... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

If I understand your question, you and your husband have three (3) children of your own and your husband is the father of another child. Do you have custody of that child as well? And I am also understanding that your husband is not paying CS because he is in prison. Am I correct? If you don't... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: My wife cheated on me but i can’t prove penetration. Will i have any chance of keeping house and getting 50/50 custody?

My daughter is 2 years old. We bought the house 2 months after marriage.

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

In Idaho, irreconcilable differences gets the job done without the drama of proving guilt, which it sounds like you weren't there as the act was happening, so you can't prove guilt anyway. So, you CAN prove that you two no longer get along and that you want a divorce. ThE THING that generally... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: I'm only seeing my son twice a week. I want what's best for my son with out the drama with my x girl. Where do I start?
Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

If you were never married, you don't want to go near her and your child until you have a court order, if you and she are on the "outs" as far as talking things over are concerned. That's a quick way to invite her to call the police and allege that you did something, anything, which will land you... Read more »

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I’m mother child support for my ex husband to taking care my son now he is 15yrs old now I’m moving to different state

My son he said he want living with me do I still pay child support for my ex husband?? Or he have to pay me back ??? Or what can you answer me please I appreciate

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

Do you pay CS to the Idaho Department of Health and Welfare, Child Support Receipting? If so, then you will still be required to pay CS for your son even though he says he wants to live with you. In the unlikely event that a court allowed you to pay your son's father directly, then you could... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: How will the value of a separate property home be divided?

A home owned by one party prior to marriage was rented most of the marriage. Rent payments were deposited to a joint bank account prior to paying the mortgage invoice. Will full rent income be reimbursed to the community, or only the amount above what the mortgage payment was? Non owning party... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2019

In Idaho there is a presumption that property owned by the parties is "community property." The home was owned individually by one party but the income from it was deposited into a "joint account." Once the funds were deposited into their "joint" bank account, the "presumption" of "sole" is... Read more »

2 Answers | Asked in Criminal Law for Idaho on
Q: I accidentally threw away a garbage bag with chewing tobacco in it, and now I am being questioned about contriband

I have to meet with the sherriff tomorrow evening

Kevin M Rogers
Kevin M Rogers answered on Sep 9, 2019

Don't answer questions asked by police, period. It's in the garbage. Who says YOU put it there? Did you? That's NEVER a good thing to do. I'm sure a neighbor walking down the road lifted your lid and threw it in there. If police think you put it there, MAKE THEM PROVE IT! Never give police... Read more »

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1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: I'm starting custody with my ex. I'm needing some deeper advice.

I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?

Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor...
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1 Answer | Asked in Criminal Law for Idaho on
Q: My fiance has been in the county jail in Idaho for almost a month and has not seen a judge at all. He has no new charges

, and no future court dates. Since being incarcerated he has not even had one court date. I believe that he is being wrongfully held in jail. He was arrested because he ran on his bond, but those charges where all dismissed. We are very confused. We are homeless. I am in Oregon and he is in Idaho.... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

Your fiancé has already been “arraigned,” on charges of absconding, either felony or misdemeanor. If he was charged with a misdemeanor and FTA’d then he now has another misdemeanor that he’s charged with. If he had been charged with a felony and absconded then he’s got a new felony to... Read more »

5 Answers | Asked in Bankruptcy for Virginia on
Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

Yes you should definitely do that. The Fair Debt Collections Act (FDCPA) prohibits debt collectors from attempting to collect a debt that has been discharged AND/OR attempting to contact the debtor or the debtor’s family for information. This is probably an ignorant mistake. If you tell the debt... Read more »

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2 Answers | Asked in Bankruptcy for Illinois on
Q: What happens to a credit score of a second signer on a car if the first signer files bankruptcy?

Father in law was the main signer on our car. He has filed bankruptcy and my husband was the second signer. What happens to my husbands credit score if they end up taking the car in the bankruptcy?

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

Your husband was the main “guarantor” in the note. Your father’s filing has nothing to do with your husband’s guarantee, as long as your husband continues to pay on the car note as he agreed to. Only if your husband defaults on HIS obligation to pay the note will it hurt his credit.

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I am having problems with bank about a past bankruptcy

I filed chapter 7 in 2008

My lawyer was supposed to remove my car off of it. I refinanced car right after bankruptcy. In 2011 I got beside on payments. Then the bank comes back and said I filed bankruptcy on it so I gave it back to them. A few months ago the sent me a letter saying they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

Let me get this straight: you had a car in 2008 and filed bankruptcy? Then after filing bankruptcy you refinanced the SAME car? If so, why was your lawyer supposed to “get your car off, what?” Did you reaffirm the car and promise to continue to make the same pmts on the car that you had been... Read more »

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3 Answers | Asked in Bankruptcy for Georgia on
Q: i owe twice the amount the car is worth i cant keep up with payments, not had a whole yr. got screwed Bankruptcy?

i am 36 yr old woman went to carlot alone & got talked into getting a car thats worth 10,000 for 18,000. i havent had the car 7mo dont wont to buy do i need to file bankruptcy or am i stuck or what?

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

Yes you need to file bankruptcy in order to not have to pay the loan. However, you may be able to file a Chap. 13 bankruptcy and do a “cram-down.” i.e., you would only pay what your car is worth PRESENTLY (forget what the dealer SAYS you owe) and, the way cars lose 25-50% of their value 5... Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: In Florida, is a Chapter 7 BK client legally entitled to get a copy of their file from their BK attorney?
Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

I think so. Call the Florida Bar if the lawyer refuses to provide you a copy. Their number is: (850)561-5600.

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