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Idaho Questions & Answers
1 Answer | Asked in Tax Law, Contracts and Foreclosure for Idaho on
Q: Who is responsible for paying property taxes if someone owns the lot itself and another owns the mobile home on the lot?
Kevin M Rogers
Kevin M Rogers
answered on Jul 14, 2020

The owner of the propery that is assessed property tax. No mobile home owner is ever assessed property tax because THAT tax is reserved for the owner of land.

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My nieces husband is fighting for custody of his daughter...my niece and her husband moved into my house

To eventually purchase it...can i still reside on the property in a tiny house

Kevin M Rogers
Kevin M Rogers
answered on Jul 13, 2020

Until they evict you.

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can a parent with temporary custody in Oregon go back on a mutual agreement and decide to go strictly by the RO?
Kevin M Rogers
Kevin M Rogers
answered on Jul 23, 2020

Yes, and judges will approve because courts are willing to acquiesce (notice I didn't say "approve") to people "doing their own thing," I'd be lying if I told you that they're happy about it. When those "private agreements" don't work between the... View More

1 Answer | Asked in Family Law for Idaho on
Q: If I am 16 and having a baby and my boyfriend is 17 can we get married without parental consent in Idaho

I live in a small room with my boyfriend and we want to get married because we are having a baby and want to get our own place so we have room for our daughter and us getting is really what we want to do so can we without parental consent considering we are about to have a baby

Kevin M Rogers
Kevin M Rogers
answered on Jul 13, 2020

Does your bf have a job? How much are you two paying for your "small room?" Are you going to stay home and raise your daughter? Is your soon-to-be husband going to supporting you and your daughter? Idaho judges are going to ask you those questions. You are going to have to be able to... View More

1 Answer | Asked in Divorce for Idaho on
Q: Divorced 2009, Idaho. Found out that I am still on the mortgage. What is my recourse?

Paperwork says he is to refinance and take me off the mortgage. He has a business on the property now. Is the quit claim null and void since he has not done what the judge ordered? What is my interest status on this property now? Cannot rent or buy a place because it is on my credit report and I... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 16, 2020

I believe you have two options:

OPTION 1: he is in contempt of court for failure to do what the court ordered him to do. You can ask the Court to so hold and he could be ordered to serve up to 30 days jail if he refuses to do what he's been asked to do.

OPTION 2: a better...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Idaho on
Q: I was evicted from my grandmother's house without a written. I have a 3000$ dog I wasn't able to take so my family gave

Him Away without my consent or anything. I have all the papers on him and proof. The person that has him is trying to charge me a fee for taking care of him and stuff. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers
answered on Jul 16, 2020

You were staying with your grandmother, right? You brought your $3,000 dog with you, right? You did something that caused your grandmother to 86 you, right? But you didn't take your dog. Now grandma is going to feed and water your dog FOR FREE? I don't see that happening. It was... View More

1 Answer | Asked in Child Custody for Idaho on
Q: I have sole and physical custody of my 3 children. Can I move out of state, or do I have to speak with him and the court

He does not have visitation, until he decides to go back to court and to ask for it. He has not been clean does not have a job or house. We just found out We will be moving In mid August because of my job, Which is better pay And more opportunities for my family. And how do I go about this the... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

If you have been awarded SOLE legal and physical custody and father has not been awarded ANY visitation, then BY ALL MEANS, you are free to move anywhere you like. Here are some caveats you might keep in mind however:

1. If you want the bio father to be (eventually) in your...
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1 Answer | Asked in Divorce for Idaho on
Q: What if its an amicable divorce and we both want 50/50 custody and we both don't want child support involved.

Can we just not have either spouse pay child support?

Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2020

This kind of amicable resolution is nice but it must be sanctioned by the Court. The Court will look at the agreement and determine if it's consistent with the support which the child would have received had child support been ordered. If the Court approves such an agreement it will look... View More

1 Answer | Asked in Consumer Law for Idaho on
Q: Can a collection agency legally charge a $16 convenience fee? Do I have a legal leg to stand on/ a possible case?

I'm trying to help my wife pay off some debts. We tracked down the collection agency holding a $307 debt. When we tried to pay online it stated that a $16 convenience fee would be charged for debit/credit card transactions. Its free to give them a bank routing & checking account # which I... View More

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

You may be absolutely correct. I would simply show this to the collection prople and see if they will adjust their fee. If not then you have a law suit to file, if its worth $16 to you?

2 Answers | Asked in Bankruptcy for Idaho on
Q: Will a trustee want to investigate the source of a "gift " provided to payoff a ch 13 early . How much investigation?
David Luther Woodward
David Luther Woodward
answered on Jun 30, 2020

I think it totally depends on the amount, the age of the case, and the trustee. Talk to you lawyer about this.

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1 Answer | Asked in Child Support and Family Law for Idaho on
Q: What should I do if I paid my ex wife child support directly to her bank acct and she opened a case with DES.

She claims I owe over $60k and I have bank statements. What is my beat option. All my taxes go to her and even my stimulus check went to her.

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Your Divorce Decree told you to pay Child Support through "Child Support Receipting." If you had done what the court ordered you to do you would be able to have H&W print out a complete record of your payments. However, because you chose to pay it the way YOU wanted, you will be... View More

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: If children adopted by parental grandparents. Are both non custodial parents responsible for arrears in child support

I hadn't paid child support from 2007 to 2012. When I got my job I immediately called child support and started paying tears and current. Children were adopted by grandparents in 2014. Current child support stopped. I now pay my rears as much as I can when I can. I feel as though I am the only... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

The child support "program" in Idaho goes like this: we (Legislature) want PARENTS (rather than taxpayers, to pay for children! It's a "policy" enshrined in our codified laws. So, its very simple math: natural parents were 100% jointly, financially responsible for their... View More

1 Answer | Asked in Child Custody and Juvenile Law for Idaho on
Q: My daughter is 15. Her dad has always had her and now she wants to live with me but he wont let her. What do i do

She lives in NC and me in Idaho

Kevin M Rogers
Kevin M Rogers
answered on Jul 16, 2020

You need to go to NC, establish residency and file a Petition for Modification with the court and ask the court to give you the right to take your daughter to Idaho. You have NO right to file anything in Idaho at this point.

2 Answers | Asked in Personal Injury for Idaho on
Q: What is idaho's Civil Procedure to giving medical records to the defendant litigating a civil suit?
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2020

An Idaho attorney could advise best, but you await an answer for two weeks. As a general matter, most states have their standardized rules of civil procedure. Find the Idaho rules online (you could probably find them under the unified court system or other public resources, and refer to the section... View More

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1 Answer | Asked in Criminal Law for Idaho on
Q: Is it lawful for law enforcement to use the same evidence that has already convicted others in prior sting operations?

Can the same evidence be used repeatedly?

Kevin M Rogers
Kevin M Rogers
answered on Jul 15, 2020

Absolutely! As long as the evidence can point to multiple people it will not be deemed "double jeopardy." Double Jeopardy protects us from being punished twice for the same (or similar) crime (or acquitted). The evidence would have to have a close nexus to more than one defendant... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: In a domestic battery case where the state is the one pressing the charges against both spouses statements.

The husband spend a total of 3 days in jail the first two he is making phone calls to his wife and they are discussing the situation and what they are going to do on the third day the defendant sees a judge and is released on pretrial but if given a no contact order by the judge on that third day... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove.... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Am I allowed to have a weapon in my Idaho apartment?

I am attending BYUI and they REQUIRE me to live in housing that they control. One of the parts of the contract forbids (paraphrase) anything that is a firearm, knife, or anything else that can injure or damage property; and forbids anything that looks like one of those.

The most applicable... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

This is an easy answer. BYU Idaho is a private college. They didn’t have to invite you to attend but they did. You accepted their rules. If you want to now pick and choose which of their rules you’ll obey then my guess is that you’ll be expelled very soon! If you could prevail with a... View More

1 Answer | Asked in Family Law for Idaho on
Q: Is there anything I can do about someone calling welfare checks on my children for false reasons?

We've had 2 welfare checks and 1 cps visit in the last month regarding our children. Both the cops and the cps worker told us the kids have nothing like whats being reported. It is extreamly stressful.

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

If you knew WHO (for certain) was making false charge calls (that’s the key) then a police officer might take a report from you for “disturbing your peace” or “filing a false police report,” both of which are misdemeanors!

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