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Idaho Questions & Answers
1 Answer | Asked in Real Estate Law for Idaho on
Q: unmarried couple both on deed ,partner leaves claims owed 50% as common law .

I say purchase price plus equity/ % of contribution to down plus down is equitable

Kevin M Rogers
Kevin M Rogers
answered on Dec 10, 2022

Idaho has NO MORE common law marriages. Those were abolished more than 10 years ago. So this is more simple that community property law principles or even old, common law principles. Essentially you have a joint ownership situation. The departing partner is absolutely correct. He is owed 50% of... View More

1 Answer | Asked in Child Support for Idaho on
Q: Do I need to pay child support in arrears in idaho? My child is 26 almost 27.

Owed something in the amount of $20, 000.

Kevin M Rogers
Kevin M Rogers
answered on Dec 8, 2022

Your question doesn’t give enough information to answer competently. Have you been sued for arrears already? Was the Support Order reduced to a money judgment? Do you have any paperwork concerning what happened 26 almost 27 years ago?

Generally speaking, child support is ordered by a...
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1 Answer | Asked in Insurance Bad Faith for Idaho on
Q: Is it my right to have an adjuster on site for auto claims or can they make me submit photos instead.

I dropped my car off at the body shop and it’s waiting for an estimate from the insurance but the insurance is refusing to send an adjuster on site. They are only requesting photos of the damages.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney who could advise on state-specific law, nationwide it's usually up to the carrier and the PD adjuster's judgment with most claims today. Good luck

1 Answer | Asked in Car Accidents for Idaho on
Q: Is it my right to have an actual insuranceadjuster come to the body shop and give an estimate or do I have to submit pic
Tim Akpinar
Tim Akpinar
answered on Nov 26, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific law, the short answer in most places is that it's up to the carrier. For minor or moderate damages, they could go by estimates of a body... View More

1 Answer | Asked in Divorce for Idaho on
Q: My sister is getting a divorce, can her soon to be ex, make her pay a fee whenever he has to clean up after her?

My sister is a full-time mom, she homeschools their son, does house cleaning for others, and is expected by her husband to have the house cleaned and food on the table by the time he gets him. Right now through, my sister is trying to divorce him because he is emotionally and psychologically... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

The husband is guilty of manipulation and severe, emotional abuse of your sister and (probably) their son. Idaho, like most other states can give your sister a divorce for FAULT reasons, not just "irreconcilable differences" which is "no fault." IN a divorce, if your sister,... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

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 Answer | Asked in Consumer Law for Idaho on
Q: In Idaho how long does insurance have to assess damage from a partial loss home fire for a home owners insurance claim?

I had two partial loss home fires 9 months ago and my insurance company sent over an adjuster then. Now nine months later when my contractor is already working fixing the damage they want to come assess the damage again because my original adjuster quit the company

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

No set time, however, the insurance company will do its “due diligence,” and get their “findings” to all parties in “due time.” Most courts will not criticize an insurance company for taking too long, if there are questionable issues.

1 Answer | Asked in Family Law for Idaho on
Q: I'm 16 and wanting too get emancipated?

Parents both ex drug addicts, dad's acholic mom's a pill user

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

Here are your options:

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....
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1 Answer | Asked in Family Law and Elder Law for Idaho on
Q: If I get Guardianship/Conservatorship over my father's estate what happens to the Power of Attorney

that my father gave his live in girlfriend ?

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

It will instantly VOID the Power of Attorney he gave the GF!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: The child turned 16 years old and has a full-time job. The child lives 187 miles from the non-custodial parent.

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

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Idaho on
Q: In Idaho, when doing a lot line adjustment, if there are any liens or such on property do they stay with original lot?

Neighboring owner is selling us 4.6 acres that attaches to our property.

Anthony M. Avery
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answered on Nov 23, 2022

If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: We are in contract to sell our house, based on our contingency can we walk away with no fees?

We have a contingency that says, "The sale is contingent upon the seller entering into a contract to purchase a replacement property within 15 calendar days." This was on 10/31/22. Our agent is now saying we must terminate and pay 3% to seller and 3% to buyer. However, isn't this why... View More

Robert King Reges Jr.
Robert King Reges Jr.
answered on Nov 14, 2022

Your agent appears to be relying on a listing agreement that calls for her to be paid her commission even if the buyer she found is precluded from closing due to the contingency in the purchase contract. So there are two different contracts at issue. One is the "listing agreement" with... View More

1 Answer | Asked in Contracts, Business Law and Collections for Idaho on
Q: My Idaho corporation loaned 250000 to a LLC in Texas and I need to get my money back. Do I need a lawyer in Texas?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2022

Probably but you might be able to sue in Idaho. You should consult an Idaho lawyer with your promissory note or contract to determine where you can file suit.

1 Answer | Asked in Divorce, Family Law and Child Support for Idaho on
Q: My husband and I separated, I applied for daycare and food stamp assistance. Child support now wants to open a case.

I don’t want to go through child support to calculate,we want to solve our issues regarding financial support for our children amicably, can we go about that without further action from child support?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

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

1 Answer | Asked in Family Law for Idaho on
Q: I have sole physical custody but joint legal custody can I move to another state with my children?
Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

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

1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Does a no contact order apply if charges weren't pressed but the two parties were separated do to a domestic dispute
Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: Can my child's father file for custody in Idaho when she currently lives in Nevada?

She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

NOPE. Foul!

If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there...
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1 Answer | Asked in Civil Litigation, Elder Law and Family Law for Idaho on
Q: We believe that my 93 year old father in law is being co-erced by his live in girlfriend.

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

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

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

1 Answer | Asked in Criminal Law for Idaho on
Q: Can you be lawfully charged with murder if the only testimony indicates you shot someone after they pointed a gun at you

and your attacker pulled the gun out and pointed it at you first in your own home.

Kevin M Rogers
Kevin M Rogers
answered on Oct 27, 2022

Murder requires the government to prove that the actor killed another person, intentionally (not while asleep) and did so without being provoked first, and with malice. From your facts, it doesn't seem like any Sr. prosecutor would charge "murder," only to be embarrassed at court... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: I need help on probation & parlo questions?

So my baby daddy is on felony probation & he lives with his girlfriend, and I'm there just hanging out and probation & parlo shows up and they find drugs can they detained me if I don't live there ? This is in Boise Idaho

Kevin M Rogers
Kevin M Rogers
answered on Oct 27, 2022

Yes, police have a reasonable belief that you at, at a minimum, frequenting a location, where drugs are being used, sold or distributed. So, YES, frequenting is a misdemeanor, criminal charge. Are you interested in going to college? I hope you're wealthy, because a charge of paraphernalia... View More

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