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Idaho Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Is there anything I can do to make sure my daughters cell phone stays on and with her at night when she’s at her dads?

Just recently her phone started to be taken away and shut off at night. I have gotten 3 different responses as to why. I decided to buy her a phone under my plan hoping that it being mine he wouldn’t turn it off and now he is telling me it’s not welcome in his home.... I don’t call or text... View More

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

Hi Dad,

First, that wish of yours IS reasonable, to know that she can call you anytime, day or night if she’s in trouble or wants to talk to you! Secondly, you ARE out of luck (if step father says no) because this current “dispute” doesn’t constitute a “material, permanent change...
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1 Answer | Asked in Banking, Business Law and Tax Law for Idaho on
Q: Do non-resident LLC owners have the right for Tax Return based on income?

Im currently building a delivery startup LLC in Idaho, US. Im a resident and one of the partners as well, while two other partners are non-residents, who live in Europe.

Is 35% of total income or just the part of income that is distributed to foreign owners withheld for taxes?

Do... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 2, 2020

Foreign owners of an LLC report on a Form 1120 and 5472.

There are withholding requirements for foreign owners of an LLC.

I don't what tax return based on profits means.

LLCs are not taxed. The income flows through to the members. The foreign members will have...
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1 Answer | Asked in Copyright for Idaho on
Q: I took a photograph of a planter pot. With basil that is mass produced can put it on my blog

I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop

Barbara Berschler
Barbara Berschler
answered on May 2, 2020

Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: HOA has different fees than what the rental lease is stating?

Property management wants to charge $500 and the HOA fee states its $140 fee. I was directed to discuss the matter with the HOA but now the property management is trying to go off of the lease. Conflicting information and lack of communication between the two.

Kevin M Rogers
Kevin M Rogers
answered on Apr 28, 2020

The Property Managers have an agreement with the owners of the property. It appears as though the HOA agreement is dated and needs to be updated. However, you have an effective defense by pointing out the discrepancy to the Property Managers and I believe you would be successful in any litigation.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Idaho on
Q: We are in the middle of disputes regarding business partnership of 8% and we have been receiving K-1 form every year.

We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 28, 2020

I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... View More

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my husband's ex use recordings she had our 14 year daughter record of us talking to our son w/out our knowledge?

My husband's ex slapped us with a emergency sole custody modification order and a restraining order using a picture she had my son send her and audio recordings she had my daughter record of my husband and I having a private conversation with my son. Is this legal? Can my daughter give... View More

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

Short answer: in Idaho only one party to a recording must give permission. However, it’s not your daughter that gave consent is it? It’s your husband’s ex-wife. So yes SHE can do that, but why does it matter to you? What was depicted in the photo? A little more information please?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Can someone explain 18 U.S. Code § 2385. To me

What I mean is how can the government get away with this isn't this a huge first amendment violation.

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

The code section is well written and easily understood (to me). What specifically do you not understand?

1 Answer | Asked in Small Claims, Criminal Law and Civil Litigation for Idaho on
Q: I have no proof of who damaged my vehicles, but I know who it was, what do I do?

April 12, 2020 around 11 pm, i heard noises outside of my house, this morning when I came outside both of my vehicles had damages to them, one has a broken windshield, and the other has a big dent in the side by the front door, I know it was an ex boyfriend and his friends, but I have no proof.

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

That’s tough! But if your ex had someone else with him it MIGHT be possible to get him to talk or overhear him talking or ask people who are mutual friends if they wouldn’t mind keeping an ear to the conversations. If you did get someone to talk, you could offer them immunity if they will tell... View More

1 Answer | Asked in Child Support for Idaho on
Q: What happens to my exs CARES act stimulus check. Will it come to me? He owes 20000 in back support.
Kevin M Rogers
Kevin M Rogers
answered on Apr 10, 2020

The only way I’m aware of to get you his CARES check will be to get the judge to attach it.

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