Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Idaho Family Law Questions & Answers
2 Answers | Asked in Divorce, Bankruptcy, Real Estate Law and Family Law for Idaho on
Q: Impact of Chapter 7 bankruptcy on quit claim deed after divorce.

I divorced in March 2025 and agreed to sign a quit claim deed for a house I co-owned with my ex-wife. In my divorce settlement, it was agreed that my ex-wife would sell or refinance the property within three years. At that time, I would receive the lesser of $42,500 or half the equity, which is... View More

Martha A. Warriner
Martha A. Warriner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2025

Not necessarily. The trustee will want to examine all of the paperwork in order to determine that you will receive fair value. Also, you will want to exempt your equity in the property. You should consult a local bankruptcy attorney for advice on how to schedule your interest in the property, as... View More

View More Answers

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Juvenile Law for Idaho on
Q: how can i get emancipated in idaho legally without marriage at 17 after parents abuse me

I am a 16 year old in Idaho who is planning to get emancipated in the next year due to constant abuse throughout my life. I cannot get married or join the military. I am going to plan all I need and then ask for consent from my parents if they say no I'll take them to court.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

To get emancipated in Idaho, you'll need to prove to the court that you can support yourself financially and that emancipation is in your best interest. First, gather evidence of the abuse and any documentation that shows you are capable of living independently. This might include a job, a... View More

1 Answer | Asked in Family Law for Idaho on
Q: How do I file a complaint against a judge in Canyon County? Is my time to do so limited?

I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:

1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.

What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More

1 Answer | Asked in Child Custody, Family Law and Arbitration / Mediation Law for Idaho on
Q: How to handle a parenting plan dispute with hearing and ordered mediation?

I am involved in a family law case in Idaho where we have been following a parenting plan for the past two years, which involves a 60/40 split of custody. The other party has filed a petition for modification and a request for a temporary order, though no specific motion has been filed at this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

When a parenting plan is still legally in effect, both parents are expected to follow it until a judge orders otherwise. Even if the other party has filed a petition for modification or temporary orders, the current order remains binding. Since your co-parent is refusing to participate in the... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Can my ex avoid paying overdue child support if it's deducted from his paycheck?

I have a family law case in Idaho involving a current decree for a custody schedule and child support, which is managed through the state health and welfare department. Since reopening the case to modify the arrangement, my ex has not paid child support for over a month. The online portal shows he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

That must be incredibly frustrating, especially when your children are the ones most affected by the missed payments. In Idaho, any child support that isn’t paid on time continues to accumulate as arrears, and your ex cannot legally avoid those obligations. Even if payments were previously... View More

1 Answer | Asked in Gov & Administrative Law, Child Support, Public Benefits and Family Law for Idaho on
Q: What recourse is available for misapplied child support affecting finances in Idaho?

I am planning to file a claim under the Idaho Tort Claims Act due to gross administrative negligence by the Idaho Department of Health and Welfare, specifically the Child Support Services. They misapplied a child support payment of $15,167.50 to my case. On or about October 28, 2025, I received an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2025

You got put in a vise by an error you did not create, and the first job is to stop the bleeding. Demand—today—a written correction and account audit from Idaho Child Support Services, a temporary hold on any recoupment pending a hardship review, and a letter you can hand to your housing... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Idaho on
Q: Is it correct that efile documents can be sent late in Idaho family law?

In my family law case in Idaho, I'm representing myself while the opposing party has an attorney. Their attorney insists that they only need to email me filed documents after they are accepted through the eFile system, even though I am not signed up for eFile and have stated I won't be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2025

In Idaho, if you are representing yourself and have not registered for the eFile system, the opposing attorney must still ensure that you receive copies of all filed documents through proper service. The rule is that service must be made in a way that guarantees timely notice—typically by mail or... View More

1 Answer | Asked in Family Law, Civil Litigation and Gov & Administrative Law for Idaho on
Q: Do I need to sign up for efiling in Idaho, or can I file in person? What about service compliance?

I'm representing myself in a modification family law case in Idaho. I prefer not to sign up for efiling, as advised by an outside source. The opposing attorney previously got a service violation order signed by the judge, claiming they served me when they hadn't. We now have an order for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2025

In Idaho, you are allowed to file documents in person with the clerk’s office if you choose not to use the efiling system. Self-represented parties are not required to efile, although most attorneys must do so. When you file in person, make sure you keep copies of your documents stamped... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Idaho on
Q: Can an opposing party prevent objections by delaying a motion filing before a hearing in Idaho?

I am involved in a family law case in Idaho where a default judgment was recently set aside due to lack of service by the opposing party. The opposing party has filed a notice of hearing for temporary orders scheduled for December, but they haven't filed the motion related to it yet—they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2025

In Idaho, the opposing party cannot use delayed filing as a tactic to stop you from objecting to a motion. Under the **Idaho Rules of Family Law Procedure**, motions for temporary orders must be filed and served at least **14 days before the hearing** unless the court grants a shorter timeframe for... View More

1 Answer | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Idaho on
Q: Will a judge grant a temporary order with a 2-year custody plan in place?

I have a custody plan that has been in place for two years. Recently, the other parent is seeking a temporary order solely because they are dissatisfied with the current schedule, not due to any harm, danger, or significant changes in circumstances. I am contesting their petition for modification,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2025

In most cases, a judge will not grant a temporary custody order if there’s already a stable custody plan in place and no immediate threat or substantial change in circumstances. Temporary orders are typically reserved for emergencies or when there is a significant issue affecting the child’s... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation, Civil Rights and Family Law for Idaho on
Q: Can a NOH be filed without a motion in Idaho and address false service?

I am dealing with a custody and child support modification case in Idaho where my ex's lawyer filed a notice of hearing (NOH) without an accompanying motion, and they inaccurately claimed in the certificate of service that it was emailed to me. I've filed an objection regarding the false... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2025

In Idaho, a Notice of Hearing (NOH) must usually be tied to an existing motion, petition, or other pending matter before the court. Filing a NOH without a corresponding motion is generally improper because it provides no legal basis for the hearing. If your ex’s lawyer filed one without a motion,... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Idaho on
Q: Can I set aside a default order in a custody/child support modification case in Idaho?

I am involved in a family law case concerning the modification of custody and child support. I was granted a default order on 10/2 because I was not served in good faith; the service attempt was picked up by the opposing lawyer instead. I have hearings scheduled: one for a service violation on... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2025

It sounds like you’ve taken the right steps to protect your rights and present your case clearly. In Idaho, a court can set aside a default order if you can show that you were not properly served, that the order was entered unfairly, or that there is a valid reason for your failure to respond. If... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Idaho on
Q: How can I set aside a custody/support order in Idaho due to unfair service?

I am representing myself in a custody and child support modification case in Kootenai County. The other party has a lawyer who reopened the case in May, claiming they served me during a weekend when I was unavailable. They eventually placed a notice in the newspaper and sought a default judgment... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2025

You can ask the court to unwind this by filing a “Motion to Set Aside/Vacate for Insufficient Service and Lack of Notice,” together with a “Motion to Quash Service” and a request for an evidentiary hearing. Your core argument is due process; the court lacked personal jurisdiction because... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Idaho on
Q: How to modify or terminate child support due to change in living arrangements?

How can I get my child support modified or terminated since my child hasn't been living with his mother since the summer? There is no formal custody agreement or official legal documents indicating the child's change in living situation. Child support was obtained through a court order,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2025

It sounds like you’ve been doing your best to manage this situation, and it’s understandable that you don’t want to keep paying support when your child no longer lives with the other parent. Since your child support order was established by the court, you can’t stop payments on your own —... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: How can I modify child support and custody arrangements in Idaho for my son living with me?

I am seeking to go before a judge to request that my 14-year-old son, who currently lives with me and attends school, be permanently placed in my custody. His father is homeless, and according to our informal agreement, he is supposed to pay me child support, but he has not done so. Since I am... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2025

In Idaho, you can request a modification of custody and child support by filing a motion with the court that issued your original order. Since your son is now living with you full time and is enrolled in school under your care, you have strong grounds to ask the judge to make this arrangement... View More

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Which documents are needed to change custody via stipulation in Idaho?

I want to change custody via stipulation in Idaho. Both parties are in agreement about the custody change. We are seeking to modify an existing court order. There are specific reasons and circumstances prompting this change. Which documents do we need to file?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2025

In Idaho, when both parents agree to change custody, the process is generally simpler because you are modifying by stipulation rather than through a contested hearing. The main document you will need is a “Stipulation and Order to Modify Custody,” which both parties must sign. This document... View More

1 Answer | Asked in Family Law for Idaho on
Q: File probate

Both of my parents have passed away in Asotin County, Washington, leaving a will which has been filed. The estate includes a home valued at approximately $239,000, with instructions in the will that my father's granddaughter, who cared for him for two years while he was bedridden, should be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2025

In Washington, there is no strict requirement that probate must be opened immediately after a person’s death. Probate is generally started when there are assets that need to be transferred, debts that must be formally addressed, or when beneficiaries want clear title to property. That said, if... View More

1 Answer | Asked in Family Law and Education Law for Idaho on
Q: Can I transfer guardianship from my grandmother to a friend's mom directly?

I am a 15–16-year-old girl living in Idaho. My grandmother has guardianship over me, but I'm not sure if it's full or partial. I currently live with my mom, her boyfriend, and their daughter. I wish to move to my grandmother's house and later to my best friend's house, with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2025

If your grandmother currently has guardianship over you, the only way to transfer that legal authority to another adult is through a court process. Guardianship is not something that can simply be handed over informally, even if all parties agree. Your grandmother would need to petition the court... View More

1 Answer | Asked in Child Support, Public Benefits, Social Security and Family Law for Idaho on
Q: Can disability-based child support payments be modified due to financial hardship?

I am seeking assistance for my uncle, who is on a disability check and struggling with garnished child support payments. Despite the child being 28, an attorney in Spokane refuses to modify the payments. His disability check is insufficient for survival, causing him to cancel necessary expenses... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2025

It sounds like your uncle is in a very difficult spot, and it’s understandable that he feels overwhelmed. Even though the child is now an adult, past-due child support, also known as arrears, may still be owed, and that’s often why payments continue. However, in Washington state, a person can... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.