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Idaho Questions & Answers
1 Answer | Asked in Contracts for Idaho on
Q: Is it legal for an extended warranty contract on a new vehicle increase the payment after only 4 months
Kevin M Rogers
Kevin M Rogers
answered on Sep 3, 2021

Every contract for the sale of a car, includes "small print" provisions. If you carefully read all of the "fine print" provisions of the "extended warranty" addendum to the contract, it SHOULD say somewhere that after four months, the company may raise the payment to... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: Where can I find laws and or legal restrictions for vacation rental properties in the town of Kellogg, Idaho?

I’m considering investing in a little property and I need to know if there is anything standing in my way. Thank you!

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

I would go to the county courthouse and ask where the Recorder's office is. Once there, i would give them either an address or description of the property and ask to see all of the recorded documents on that piece of land. That will give you a complete look at the property's history, show... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can a landlord make us remove a pingpong table? She statedbthe table can damage walls and must be removed?

4 of us roommates moved into a 4 bedroom house. We are all around 21-25 tears of age. The house is pretty big and we had an empty space to fill so we bought a ping pong table. Well the landlord saw and re received a message saying the ping pong table needed to be removed as it can damage walls and... View More

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

Yes, they can.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Idaho on
Q: My daughter is 16 her boyfriend is 21 and her dad let him move in with them is this illegal? Can her dad get in trouble

Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho

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

Your daughter is too young to have sex with a 21 year old man, period. IF the father permits them to live together, as "house mates," no foul. If the father allows them to sleep in the same bed, that is illegal and NO the girlfriend has NO liability, because she has NO rights to your... View More

1 Answer | Asked in Divorce for Idaho on
Q: If there is an existing CPO, can the order be dropped and terms of the CPO be rolled into a temporary divorce order?

Can the parameters of the protection still be enforced if in a temporary divorce order?

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

Yes, these two documents, Civil Protection Orders sometime continue through the divorce proceeding. However, the Civil Protection Order is a "stand alone document," and doesn't need a divorce proceeding to survive. The statute says that after the first continuance of the CPO, you... View More

1 Answer | Asked in Divorce for Idaho on
Q: during marriage I borrowed money purchased sole an separate property. No community funds were used hubby

he signed quit deed at closing to me

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

What is your question? WA is a community property state, so is Idaho. The property you purchased is "presumed" to be 1/2 his.

You can "prove" you purchased the property with "separate money," but it will be your burden to prove. The fact that he signed a...
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1 Answer | Asked in Divorce for Idaho on
Q: married less then a tear. Purchased a property as my sole and seperate property using borrowed funds from my parents as

down plus put additional funds from my parents into property to make it livable. Husband signed quit deed to me a closing via title company. He is in prison now. I filed for divorce, he wants half of the equity in house as community property.

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

Idaho is one of 9 states which have "community property laws." This means that from the date of marriage until divorce or death, everything purchased, from cars to houses, belong equally to both husband and wife. Of course, parties often attempt to "over rule" those laws, as... View More

2 Answers | Asked in Personal Injury and Election Law for Idaho on
Q: What if I have two addresses where I have my mail sent?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It's usually not a problem in most settings. You included personal injury as a category. If that means the question is related to personal injury litigation, you could specify which address is to be used for process... View More

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1 Answer | Asked in Car Accidents for Idaho on
Q: Is there a time limit to file a personal injury claim ?

My wife and I were in a wreck almost a year ago and she's been having shoulder issues since and now they're getting worse.

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2021

Only an Idaho attorney should advise here, but your question remains open for two weeks. Most law firms that handle such cases offer free initial consults. Yes, every state has a time limit. It is known as the statute of limitations. Because SOLs are governed by state, an Idaho attorney should... View More

1 Answer | Asked in Divorce for Idaho on
Q: My husband has refused to turn over property in his possession that was awarded to me in final court decision. What now?

I have asked via phone, email, and text. What options do I have?

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

If I were you, I would file a Motion for Contempt. This motion will put him on notice quickly, that you are NOT playing games and if he continues to play "keep away," he may actually end of spending time in jail.

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... View 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 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... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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!

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