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Idaho Questions & Answers
1 Answer | 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.

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Idaho on
Q: I am asking for direction with a lawsuit that involves my ex employer.

Hi, my name is Lisa. I am looking for some direction on discrimination and harassment, defamation of character. My last employer is showing my employee file to other people and I also have a doctors letter in it. Is this a HIPPA violation. I have record of all the harassment when I was... Read more »

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

Employment law, even in a “right to work” state like Idaho states that an employer can create a “hostile work environment” by many different ways, including this one. Idaho also has a statute that holds employers liable for violating your right to privacy by disclosing confidential records... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Can Idaho violate your right to speedy trial when you made no delays and showed up every time

I plead not guilty, and said from day one "take it to the box, no deals" my lawyer made a motion that was overruled "that court conjeste could not be help and would be not prejudicial to me according to the judge who also sat on the appeal for the case which also had a motion for... Read more »

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

Judges will ofttimes resort to the “record” to “prove” that something you said or the way your mouth moved or a facial tic of your lawyer WAIVED your constitutional right to a speedy trial. Problem is that this right only applies if you’re still in custody (180 days)! Most people would... Read 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!

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... Read 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... Read 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... Read 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.... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Served by non-certified mail?

I just had a default judgment against me and lost custody to my daughter for a court date I never even knew existed. It says I was served by mail. I never received anything in the mail regarding this. How is this property way to serve someone? Is this legal in Idaho? How can they get a judgment... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 19, 2020

Nope. You were not legally served. You can file a Motion to Set Aside the default. I help people do this once in awhile!

1 Answer | Asked in Family Law for Idaho on
Q: Do I legally have to give the gifts Back to my ex That he gave Me?

My boyfriend and I broke up and demanded that I send him everything back that he gave me including a laptop, stuffed plushes, and anything else. If I didn’t have it he says he wants the money back for those gifts. He lives in California I live in Idaho. He says will take me in front of a judge if... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 19, 2020

“Gifts” are gifts! You have NO legal responsibility to give back ANY gift he gave you. If he’s (petty and stupid) not careful he’ll don’t stupid things like shame you on social media or worse, post your intimate photos on social media, which is a crime called “voyeurism.”

1 Answer | Asked in Divorce for Idaho on
Q: Is using electronic evidence against a cheating spouse illegal in Idaho?
Kevin M Rogers
Kevin M Rogers answered on Jun 19, 2020

Nope. Just don’t be caught surveilling him, you could be charged with “Disturbing his peace.”

1 Answer | Asked in Divorce for Idaho on
Q: My husband owned the home prior to our marraige.

Since moving in all of my money goes to the household, and I did make more than he did but now I'm on SSD and our earnings are about the same. I don't want the house but legally after divorce what am I entitled to? I feel hung out to dry, he will come out ahead and I will have nothing to... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 19, 2020

You have no interest in the house if he did not put you on the title. You may have the right to Temporary Spousal Support.

1 Answer | Asked in Employment Law for Idaho on
Q: I am vital postal employee. I have used up my sick leave and holiday pay for my husbands cancer.

I have been going through Tests for an up coming serious disk surgery that will use up the balance of my sick leave - holiday pay. I have been through hell to get to this point now I am experiencing covid symptoms. We have had 2 active cases in my office. The fear of having covid is keeping me from... Read more »

David Fallon
David Fallon answered on Jun 16, 2020

If you are still looking for assistance it is my opinion that you would strongly benefit from speaking with an attorney who focuses on federal sector employment law to go over your case in detail. It is likely that as a postal service employee you do have additional protections related to... Read more »

1 Answer | Asked in Employment Law for Idaho on
Q: I work for federal. I am vital. I have waited a very long time to get upcoming surgery that will need my existing sick

Leave pay. I have covid symptoms. People in my office have tested positive. I am scared I have it also but wonder if I have to use my intended sick leave for covid 19 quarantine . I really NEED the surgery .. and that is what is keeping me from testing for positive/negative test. Is there a federal... Read more »

David Fallon
David Fallon answered on Jun 16, 2020

More information is needed to answer this question. Are you stating that you work for the federal government? If so, I would contact a lawyer that represents federal employees to go over your situation in greater detail. Many offer free consultations. Best of luck.

1 Answer | Asked in Car Accidents for Idaho on
Q: I was hit by girlfriend of a salesman who was leaving the car lot .was she legal to drive a car off the lot?

There were not vehicle dealer plates on vehicle only a couple stickers on windshield and she was issued a ticket on scene

Kent Higgins
Kent Higgins answered on May 26, 2020

Idaho law requires dealers to have plates on all vehicles owned and operated on any Idaho highway. As the victim of the collision you are entitled to obtain a copy of the police report. The police report will indicate the code section of the violation for which she was cited. Driving without... Read more »

1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Son had a child with an underage girl. Judge has included 5 yr NCO on release. She's 18 and wants NCO lifted. Possible?

He was 20 and she 16 at birth of child. Hospital reported. Both wish to marry. He's now 22 and set for release, but with 5 year NCO. She's 18 and wants a relationship. They have a 2 year old son together. No contention from family on either side. Can she request it be lifted as a... Read more »

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

She can ALWAYS petition to lift the NCO! It may or may not be granted . . . depending on the personal, self-righteousness of the judge you’re in front of.

2 Answers | Asked in Family Law and Tax Law for Idaho on
Q: Why does my ex husband get to claim our kids on his taxes? I have sole custody of them. He sees them 4x a month.

He does pay child support but this doesn't seem fair. The order was put in place by an attorney hired by Heath and welfare.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 10, 2020

Because the order says that he can and he's current on support. If you wish to change that you need to file to modify the order. Depending on your state domestic laws it may effect the support amount or other items on the order.

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1 Answer | Asked in Child Custody for Idaho on
Q: CPS wants a hair folicle all tgings are closed can I send in my own?

They are not allowing them at all

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

CPS should be considered the "Police," because they are. As an example, if your hair folicle test shows that you've been smoking meth in the last 30 days, CPS (not the official police) will shut down your visits with your child(ren) instantly! Now, under the 14th Amendment, how in... Read more »

1 Answer | Asked in Health Care Law for Idaho on
Q: I received 7 ibuprofen 600mg in my prescription of gabapentin 600mg do I have a case against the pharmacy?
Tim Akpinar
Tim Akpinar answered on May 3, 2020

From the facts presented, it does not appear that you ingested the wrong prescription or that you suffered illness or symptoms. It looks like the pharmacy made a mistake, and things like that happen. Absent physical harm, there is not generally grounds for a case. Your post remains open for a week.... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: In a divorce in idaho if sheriff returns papers unserved to the court what happens next will the case be closed

It was filed in canyon county idaho and person being served lives in Oregon and wasnt home when sheriff came to serve

Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

It was filed (obviously) in the wrong state. Nonetheless, it's okay to waste money having it filed in the wrong place - but it wasn't served either (yet), so the person being served (Respondent) still hasn't had the time to file a responsive pleading challenging the Jurisdiction of... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Idaho on
Q: In the state of idaho can a minor of age 16 apply for court emancipation?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Yes. She will need to convince the Court that she has some place to live and some way to support herself and that she’s either got wheels and insurance OR good bus service wherever she (or her baby) needs to go!

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: If I were to petition the court for a parents rights to be revoked would they contact the parents during that time?
Kevin M Rogers
Kevin M Rogers answered on May 3, 2020

Nope! You’d have to notify the parent by sending him a copy of the Petition. It’s called “procedural due process.” No parent’s rights could be terminated without notice to him under the Fourteenth Amendment.

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