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Idaho Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Me and my wife are going thru a divorce we used or to co own car. She is taking my name off it. I paid for most of it.

Qe have a daughter of 2 years old o rely on the vehicle for transport if she takes it i would be out of work.

Kevin M Rogers
Kevin M Rogers
answered on Oct 20, 2020

She needs it because she has primary custody of the child, right? You "need" it because you have mostly made the payments on it, right? You don't also happen to own a pickup that YOU drive, do you? I'm sorry, this sounds S E L F I S H to me and a divorce judge will... View More

1 Answer | Asked in Domestic Violence for Idaho on
Q: Can police take a domestic victims phone without consent for evidence?
Kevin M Rogers
Kevin M Rogers
answered on Oct 14, 2020

Nope

1 Answer | Asked in Stockbroker Fraud for Idaho on
Q: Edward Jones has placed a 10 day hold on a very large cash amount that I deposited in a portfolio account.

I would like to withdraw a portion of it but was told it needs to be held there for ten days due to possible money laundering???

Ross B. Intelisano
PREMIUM
Ross B. Intelisano
answered on Oct 13, 2020

It depends on what your customer agreement states. Most firms have broad discretion to hold onto funds if there are AML issues. You may want to be very active with your broker to find out what is happening.

1 Answer | Asked in Consumer Law for Idaho on
Q: I was financed for a car from an established used car place only to find it needs rack & pinion replaced. Can I sue?

I returned to the dealership within a month of driving and complained about the tire locking up when I turn left. They suggested it could be the hub which I paid them to replace and the problem has not only continued but has gotten worse. They told me to just turn traction control off every time I... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 12, 2020

Dear Robbed,

Please correct me if I misstate the facts you've listed.

First, you purchased a vehicle from a dealer? Was the car new or used?

Second, if it was used, did it have a "AS IS" sign on the windshield?

Third, if it was used AND it had an...
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1 Answer | Asked in Divorce and Business Law for Idaho on
Q: If I financed the acquisition of my son's business, it it considered community property in a divorce?

I gifted him stock which he sold to afford the purchase

Kevin M Rogers
Kevin M Rogers
answered on Oct 4, 2020

It sounds like personal property by gift, if it can be substantiated, and therefore, NOT community property!

1 Answer | Asked in Real Estate Law for Idaho on
Q: Should I go forward in filing a foreclosure? I have a rent to own agreement with a women who has never moved in.

Her Son and daughter in law occupy the residents and have destroyed property and payments are over 10,000 past due.

Kevin M Rogers
Kevin M Rogers
answered on Oct 7, 2020

Typically in a "rent-to-own" situation, there isn't a "mortgage" or other debt-guarantee instrument. A home owner generally enters into a "contract" whereby the "renter," makes a certain number of "rent to own" payments or a certain,... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Do I need a concealee carry permit to carry/order a pocket baton in Idaho?
Kevin M Rogers
Kevin M Rogers
answered on Sep 27, 2020

"Deadly weapon" means:

(i) Any dirk, dirk knife, bowie knife, dagger or firearm;

(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or

(iii) Any...
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1 Answer | Asked in Health Care Law for Idaho on
Q: I owe the dentist about $5,000.00 and they refuse to accept any payment except for full payment. Is this legal?
Kevin M Rogers
Kevin M Rogers
answered on Sep 27, 2020

Yes it is legal. You always have the option to file bankruptcy and this creditor will get ZERO. They should know this, but . . . stupid creditors are born every day!

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for Idaho on
Q: The venue where the lawyer practices in CA and I live in Idaho I am hoping to get an opinion/guidance for the following

I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.

Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.

The interview was to be free as is... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 23, 2020

A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... View More

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers
answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Kyndra L Mulder
Kyndra L Mulder
answered on Sep 19, 2020

You will need to provide an affidavit stating under penalty of perjury that you did not file a return because you did not have the income necessary to require you file. If you were employed you will need to provide any w-2's 1099's.... to indicate the amount that you made.

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1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: I have a question about a child in the foster system

She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex split his visitation time, taking more at xmas because Thanksgiving is 4 days and not 7 because of school?

Ex moved to Arizona, I live with kids in Idaho. He gets alternating Thanksgiving and Christmas break, supposed to be 7 days for each. The kids are now in school &only get 4 days for Thanksgiving. Can he take the other 3 days and put them on his next Christmas visit? Would a judge allow this?

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

IF I were a smart-ass, I would say "is this worth $3,500 to figure out?" But, since I'm not a smart ass and want to be very "real" with you, let me say that you should consider a few things, as follows:

1. Have you and your ex-husband been adhering to the...
View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Changing over or adding a custodian for a child

My son has lived with his grandmother most of his life and she has custody of him. I have recently amended things and have been in contact with my son and grandmother. He is now 17. I have not had custody since I gave him up when he was a baby as I could not care for him. The other parent is... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 7, 2020

Your son will be an "adult" probably by the time you read this and you won't need to do anything. However, if you're aching to pay a lawyer to do something, you need only make a phone call to the grandmother and say, "hey grandma, since we have agreed to let my son come... View More

1 Answer | Asked in Traffic Tickets for Idaho on
Q: I was pulled me over for speeding, he said that if I go to court to defend he will make it a reckless driving. Illegal?

He said I was going 61 in a 40 in the hills, I passed him on a blind corner as I was slowing down coming around the corner.As I pull over, I grab my wallet from the center cup holder for my license. As he approaches my car he screams put your hands in the steering wheel and was very aggressive. He... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 25, 2020

You can answer that question yourself by referring to the code sections for speeding as well as reckless driving. Speeding is self-evident. However, "reckless driving" is defined as: "carelessly and heedlessly or without due caution and circumspection, and at a speed or in a... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: So I applied for chapter 7 bankruptcy and had to switch to a chapter 13 because of an asset

My lawyer sent everything in and was waiting for a date for the meeting of creditors which I got and last week I got a letter that says a notice of hearing on trustees motion to dismiss.. on my online account where I signed up to do the payments it says I have my meeting on Wednesday but this... View More

Timothy Denison
Timothy Denison
answered on Sep 14, 2020

Listen to your lawyer and follow his advice.

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Too long. See below. Tenant, landlord, renting

Okay so I'm renting a room right now as part of a larger single unit home. One of my housemates has some really bad klepto tendencies and I've had to take a lot of my stuff back from him and out of his room after he stole them from my room. Am I allowed to change the lock on my door... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 14, 2020

I recommend that you contact the LL. He has some liability if things from a "guest" are stolen by someone else who is his "guest," so I think he should be consulted, but you DO have the right to change your lock, as long as you let your LL know.

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Idaho on
Q: Can I be pulled over driving in the bus lane on a sunday night when there are no buses out.
Tim Akpinar
Tim Akpinar
answered on Sep 22, 2020

An Idaho attorney would know this best, but your post remains open for two weeks. As a general matter, you could check the signage. As a GENERAL matter, bus lanes sometimes have times during which the restrictions to regular vehicles apply. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?

Kevin M Rogers
Kevin M Rogers
answered on Sep 10, 2020

Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... View More

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