Divorce and legal separation involve the division of marital assets, spousal support, and other related matters. If you're unable to afford a divorce, you may be eligible for assistance programs or legal aid services that can help you navigate the process. You may be entitled to a fair...View More
Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.
Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband....View More
I'm at interogatory part of divorce. I've also run out of money to continue. I've answered ??? to the best of my ability but I cannot produce all the things the other side wants. In addition I'm in assisted living following an incomple sci and TBI....I cannot walk or drive....I... View More
Almost all credit card and bank statements are available online to the account holder. If you haven't already signed up, you can do so at any time. Most such companies make your statements available to you in a manner that allows you to download them to a computer in a .pdf file. There is...View More
Your child has NO right not to see her father. The Magistrate Judge who divorced you two, awarded the father 50% custody, based on the "best interests of the child." So, I suggest that you speak to your daughter and explain to her that she see her father and talk to him about what is...View More
Kids want to communicate with father and vise versa but mother is stopping it and making up stories to kids and to the father on why they can’t communicate for her own selfish needs. She also threatens the grandmother(dads mom) if she lets the dad talk to the kids when they are over grandmas... View More
Most Decrees of Custody or Decrees of Divorce, include language which addresses "alienation of affection" if not in those exact words. Some decrees talk about "communication" between the parents and children and forbid the parents from talking bad about the other parent. If...View More
I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More
This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you...View More
My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More
The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must...View More
My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More
ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might...View More
My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More
You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states...View More
Hi, I was just wondering if a marriage certificate supersedes a custody order
For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More
The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce...View More
As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the...View More
1. Call Child Protection Services (CPS) and complain that the parents are unable to care for the child. They will conduct an investigation. Once that is complete, CPS will call the police and ask them to assist them in removing the minor from the parents’ custody....View More
Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... View More
No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should...View More
Nope. By applying for Idaho benefits, Idaho has a "vested interest," in making sure that whatever monies it has provided you, are paid back. That means that whatever you and your husband thought you had decided, may be okayed by the Court, but the Department of Health and Welfare,...View More
Nope. "Legal Custody," is the right to decide when your son can get a tattoo or join the military or leave school, big decisions. Further, the Idaho appellate courts have said that you are "welcome to move, just don't take your children!" You must file and ask for...View More
He has given her power of attorney, gave her all of his bank accounts to her , and changed his Will by removing his daughter as executer and his son as co-executer. Replacing them with his girlfriend and her daughter. Now he has stopped calling and she refuses to give him any messages when we... View More
You have the right to step in and be concerned. The problem with Powers of Attorney is that they are easily drawn and signed, by the weak and feeble. A much more stable, unalterable instrument to have when your loved ones need help, is a Guardianship / Conservatorship. Nobody is able to get a...View More
Idaho law says that a parent may give someone their parental rights for upto six (6) months, without having to go to court. Many people do this. The fact that it wasn't notarized will not do anything for you, unless it is your belief that your signature was forged or that your spouse's...View More
Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... View More
A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion...View More
This is a "coparenting" issue. You can communicate with the other parent via "myfamilywizard" and ask why he is not advising you, as a good coparent is supposed to do. I would suggest this app be downloaded on both phones, so that you may communicate with the father.
The county clerk wanted me to fill out the portion where it asked for information about the minor child. I kept telling her that the adoptee is an adult and told her that the adoptee's information is on the other documents. She then crossed out the word child and then said I must fill in the... View More
The Idaho Rules of Family Law Procedure have a requirement that each litigant fill out a Family Law Case Information Sheet. If you don't want to adhere to the Family Law Procedure, the Clerk will reject your filings. Pretty simple.
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