Idaho Questions & Answers by Practice Area


Idaho Questions & Answers

Q: I'm staying home mom homeschooling my children. Will the court require me to find a day job when going through a divorce

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 24, 2019
Kevin M Rogers' answer
Child support and custody are thE two issues in any divorce. If the Court asked you, "maam, what is your monthly income?" What would you say? Are you treating the "settlement money" like an annuity? I.e., taking a monthly sum every month? The Court will want to so a CS calculation, because they're told they must. So, be prepared to give a monthly "income" amount for purposes of CS.

Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 24, 2019
Kevin M Rogers' answer
Yes. As long as it is strictly traceable and NEVER commingled.

Q: How is the mens rea requirment affected by crimes imposing strict liability?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Mar 23, 2019
Kevin M Rogers' answer
There is no mens rea for strict liability crimes. Nobody asks “did you intend to run the stop sign,” you either DID or you DIDN’T. Anything more serious however, requires a progressingly more guilty mind, upto the crime of 1st Degree Murder, which requires the State to prove that the actor had the “intention to commit a premeditated, intentional, malicious, unlawful killing.”

Q: How long does it take to get a revocation hearing for abscounding

1 Answer | Asked in Criminal Law and Probate for Idaho on
Answered on Mar 16, 2019
Kevin M Rogers' answer
As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing about six (6) later. The soonest you could get in front of the District Court to admit your absconding allegation would be up to your lawyer to let the Clerk know that you do NOT intend to have a...

Q: My step dad was in a car accident he was hit by a lady I took fall for him since the lady and her husband said it was ok

1 Answer | Asked in Car Accidents for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
You really ought to think about using punctuation in your sentences. I understand the question except when you say "I took fall for him," do you mean that you were trying to keep your step dad from having to write a statement about the accident, so YOU pretended that you had been your step dad? If you write a statement and lie to an insurance company, you may be committing a crime. Even if you are not charged criminally, why would you run the risk of being sued by the insurance company for...

Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue you over the dog!

Q: If my wife has 50/50 custody but only actually takes <20% custody, can I get out of paying child support?

1 Answer | Asked in Child Custody and Child Support for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT say that what you've paid is a "gift," on behalf of your child. It's always best to go to court and let the court set a payment consistent with the Child Support Guidelines.

Q: Helping my cousin who lives in Idaho for 5 years now but he wants a Divorce and she lives in Texas, where do I file?

1 Answer | Asked in Divorce for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Are there children involved? That answer would dictate where to file anything. If there are NO children between them then just file in Idaho. Idaho only requires the Plaintiff's residence to be in Idaho for at least 6 weeks prior to the filing.

Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

1 Answer | Asked in Immigration Law for Idaho on
Answered on Mar 14, 2019
Jordan C. Moody's answer
If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

Q: If neither my spouse or i press charges can the state? And can they enact a no contact order?

1 Answer | Asked in Domestic Violence for Idaho on
Answered on Mar 13, 2019
Kevin M Rogers' answer
I think I understand what you're trying to explain. If you apply for a Civil Protection Order under Idaho Code 39-6304, you will have to allege that there has been sexual abuse or domestic violence against the Petitioner. This is a VERY SERIOUS allegation and will spark the interest of law enforcement, which has the statutory duty to investigate crimes committed in their jurisdiction. So, what you're saying is: if both me and the mother or both me and the father want to drop this, how can...

Q: If someone comes uninvited onto my property and let's out my dogs, can I hold them responsible for any damages?

1 Answer | Asked in Animal / Dog Law and Civil Rights for Idaho on
Answered on Feb 16, 2019
Kevin M Rogers' answer
Your defense is not good unfortunately. Short of getting a signed confession rom the person who lifted the bar that allowed the dogs to escape, I’m afraid that you’re absolutely 100% liable.

Q: I am on F1 visa.My parents are residents here and they have filed I-30 for me. Embassy or USCIS office for interview?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Feb 15, 2019
Kyndra Mulder's answer
First: It depends on your age.

Second: Because your parents are LPR's and not naturalized (assuming you are a son and not a child) you will need to adjust from outside the country.

Third: Your adjustment will be faster if your parent's are USC's, Nevertheless you may have years to wait.

I suggest consulting with an experienced immigration attorney.

Q: Gayron Zaugg caused his company to double bill me and pocket the money. He is refusing to answer my phone calls.

1 Answer | Asked in Contracts for Idaho on
Answered on Feb 5, 2019
Kevin M Rogers' answer
"Secondary paper" is bought and sold all the time, so yes, its legal for a business to sell whatever accounts they have collect on or sell to "bundle" or sell separately. However, upon googling "Geyron Zaugg," there doesn't seem to be any information on him. From your question I gathered that Mr. Zauugg worked for SHS? If so, then SHS is absolutely liable for any double billing and assuming you caught the mistake before you actually sent double payments, then I don't think you have any...

Q: Can I get my brothers social security money if my mother refuses to help support him?

1 Answer | Asked in Social Security for Idaho on
Answered on Jan 14, 2019
Michael Hales' answer
The easiest thing to do in this situation is go to your local social security office and start the process there. You may need to involve a lawyer to challenge your mother as payee for your brother, but I'd start with the local office and ask for their assistance first.

Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might

2 Answers | Asked in Personal Injury for Idaho on
Answered on Jan 4, 2019
J. Grady Hepworth's answer
A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the retailer/distributor). If a jury finds that you are 50% or more at fault for your "misuse" and the manufacturer is 50% or less at fault for the defect, you would not recover anything. If the manufacturer is 51% or more at...

Q: In Idaho can a defendant withdraw a guilty plea after signing court documents but has yet to be formally sentenced?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
RULE 1.3: DILIGENCE

A lawyer shall act with reasonable diligence and promptness in

representing a client.

Commentary

[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon...

Q: I was arrested June of 2017, in return for some charges dropped I agreed to be a confidential informant, I helped arret

1 Answer | Asked in Libel & Slander and Criminal Law for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
Nope. Your conviction, your testimony etc. are public record. The trial itself is public record. If the newspaper promised you that they would keep your name out of their paper and did not, then you have an action for breach of contract against the newspaper. Did social media publish anything untrue about you? Truth is thE defense against slander and libel. If a private person published untruths about you on social media, THAT is actionable.

Q: When reliced from prison am I required to abide by the policies that were in effect when I was sentenced or the changed?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
You are subject to the rules in place when you get out of prison or parole. If your JOC did not mention supervision fees, you should ask your Parole Officer if you have to pay fees now. If you disagree with what he/she tells you then you may contact the Court and look at your Judgment of Conviction to see if it contains a provision for supervised release but no fees. It would be unusual but possible. If you are unable to pay supervision fees you may ask the Court to waive the fees for a...

Q: Do both parties in a divorce case mediation get served papers? Thank you

1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.

Q: What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Dec 10, 2018
J. Grady Hepworth's answer
As a general matter, Plaintiffs in a medical malpractice can recover damages for past medical expenses, future medical expenses, lost income (if applicable) and general damages for pain and suffering.

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