Alimony in Idaho

I hear from a lot of people that they don't think that alimony is a thing in Idaho anymore.  Idaho does allow for the payment of alimony, now known as Spousal Support or Spousal Maintenance.  Support, however, doesn't look like it used to.  At one time a woman could expect to receive alimony for the rest of her life or at least until she got remarried.  Maintenance looks different now.

How to Get Spousal Support in Idaho

Support isn't mandatory.  In Idaho, your divorce lawyer will have to ask for spousal support.  Even when they ask for it it isn't automatic.  There are criteria that have to be met for the judge to even consider whether or not they will award the spousal maintenance.  Some of those criteria are the length of the marriage, the earning capacity of the parties, the age and health of the person seeking support and things like that.  Your divorce attorney will have to show the court that you meet the criteria and then the judge will decide how much and for how long you will receive support.  There is no formula but the judge will look at the respective incomes of the parties for guidance.  The other thing is that if you are capable of working and bringing in enough money to support yourself, it is unlikely that you will get support ordered.

Unequal Division of Property and Spousal Support

While it is possible to get both an unequal division of property and spousal support that is not the norm.  If you are one of the lucky people whose spouse makes millions of dollars every year then you might qualify for both spousal maintenance and an unequal division of property.  For ordinary folks it one or the other.

What if I Gave Up My Career to Stay Home

Giving up your career to stay home is a criteria the judge will look at when considering if support should be ordered.  The judge also looks at how long it would take you to be trained, get a degree or a certification that will allow you to support yourself.  If for example, you were in nursing school at the time of your divorce the judge would consider how long it would take you to complete that education and how much you will make at the conclusion of the training.  That would be a determining factor in how long the support would last.

If you find yourself in need of a Boise Divorce Attorney, give us a call.  You will be glad you did.  Give us a call at (208) 472-2383 for a consultation with one of our divorce lawyers.  Consultations are always free.

QDRO in Idaho

 What is a QDRO and Do I Need One

 QDRO Meaning   

A QDRO stands for qualified domestic relations order.  A QDRO is used in divorce to divide retirement accounts belonging to the community.  If monies are placed in a retirement during the marriage they are presumed to be community property.  As community property they can divided between the parties as part of the divorce settlement.

Are Retirement Benefits Always Split Equally

The presumption in Idaho is that any property or monies procured during marriage are community property.  Retirement benefits are no different.  Further, the presumption under the Idaho Code is that the property of the parties is to be divided equally between the parties.  I will talk about how to overcome that presumption in a future blog entry.  While the division of property and monies is supposed to be equal, that does not mean that everything has to be split down the middle.  The parties can agree to divide the property "equally" but name which properties or which money each party gets, resulting in an equal division.  That having been said, if you can't agree on how to divide up your property or money and you have to go to trial, the judge will often literally split everything down the middle.  On those items that can't be physically split, the judge will order that they be sold and the proceeds split between the parties.

Retirement Benefits From Before Marriage

If you received retirement benefits before marriage those are your separate property and unless you gifted a portion of them to your spouse, they will remain your separate property and your spouse won't get any of the proceeds from that account in your divorce.  What happens often, however, is that a person will have a retirement account and be making regular contributions before marriage. Then, when they get married they continue to contribute monies to the retirement account.  Those monies that are contributed after marriage are community property.  The contribution before marriage are separate property.  A QDRO can also help split these monies up.  The administrator of the retirement plan is provided the date of marriage, the date of divorce and the QDRO order.  With that information they can calculate the amount of "community funds" and then divided according to what is ordered in the QDRO.  That division may be 50% of the community funds but it could also be some other percentage depending upon the agreement of the parties or how the retirement accounts were ultimately divided.

If you have questions about retirement accounts and divorce or any other divorce issue and need to speak with a divorce attorney, give us a call, (208) 472-2383.  You will be glad you did.  Also, visit us at our website

Consultations are always free.

Owing Child Support

 How Much Child Support am I Going to Owe?

I get calls every day asking this very question.  How much child support am I going to owe?  I also get the question of how can I pay less child support.

Child support is based upon a formula figured in a computer program.  The only thing that makes a difference is the numbers you put in.

Do I Have to Prove How Much Money I Make?

Part of the process of calculating child support is completing an affidavit verifying income and providing pay stubs to fill in the affidavit.  The second part of the process is signing the affidavit swearing that the numbers are correct.  So the short answer is, yes, you do have to show your income.

Is My Income the Only Consideration When it Comes to Calculating Support?

No, in addition to your income, the computer program takes into consideration how many over night visitations you have, if you are paying for health insurance and who is taking the income tax deduction.  Essentially, you can lower the amount of child support you have to pay by having more overnights.  That is not to say you should seek more overnights simply to reduce your child support.  Everything that is done in terms of child custody and child support is based upon the best interest of the child.  If the judge sees that your motivation in seeking more overnights is to decrease your support, it is very likely the judge will not grant additional overnight time to you.

How Do I Go About Changing or Updating My Child Support?

The first thing to do is to give us a call.  Whether the support is part of a divorce or is part of a modification one of our divorce attorneys can help you find the best answer.  We always offer a free consultation and we can give you a good idea of what to expect as far as your child support.  Give us a call and see what we can do for you.  Visit us on the web or give us a call, (208) 472-2383.  You will be glad you did.

You Just Found Out You Were Served Divorce Papers, Now What?

For some people the most shocking or earth shaking thing can be being served divorce papers.  For others, it can be a relief.  Whichever category you fall into, you need to make certain that you read the papers carefully.  Every divorce Petition comes with a Summons.  The summons will tell you that you need to respond within 21 days of being served and if you don't the judge can enter a judgment against you.

What is a divorce petition and how can it effect me?

The divorce petition contains many important parts.  In general there are 7 basic parts.  These are:

1. The statement of Jurisdiction
2. Information about the marriage
3. Information about the kids, if there are any
4. The grounds for divorce
5. The custody and support of the children
6. The division of the property
7. The division of the debt

A divorce petition is essentially a request of how you want the property and the debt divided and what you want the custody and visitation to look like.  If you don't respond to the divorce petition within the 21 days, the opposing party can take a default against you and get exactly what they asked for.  If you want something different or you believe that the other party has left out important things, it is essential that you respond.

How do you respond to a divorce Petition and do you need a lawyer?

The court requires that you file certain uniform paperwork and pay your filing fee.  Some people can get a divorce on their own without the help of a divorce attorney.  The biggest issue folks run into is that the paperwork that is used, while uniform, can and usually does need to contain certain language and certain terms in order for the person getting a divorce not to compromise their position.  The paperwork can be confusing and believe me, there is a lot of paperwork.  You also need to make sure that you comply with the proper rules when you file the paperwork.  Lastly, a divorce isn't just the language that is in the petition and the answer.  There is always a lot of negotiation going on between the divorce attorneys trying to get the best conditions and outcomes for their clients.

What should I expect the time frame for a divorce to be?

There is no cut and dry time frame for a divorce to be completed.  If the divorce is uncontested and the parties stipulate to the outcome, it can be done in as little as 4-6 weeks.  Other divorces seem to go on and on, stretching into years.  It goes without saying that the quick divorce happens because the parties agree.  The long divorce linger on generally because of high conflict.  Often the high conflict centers around the children.

How do I get an attorney to take my case?

It all starts with a phone call.  Whether you are responding to a divorce petition or you are the party initiating the divorce.  Give our office a call at (208) 472-2383 and one of our divorce lawyers will provide you with a free consultation.  We will answer your questions and outline the process for you.  Give us a call.  You will be glad you did.  Visit us on the web.

Divorce - The Reasons People Get Divorced

Why Do People Get Divorced?

People get divorce for so many different reasons.  It is hard to peg down just one common reason.  The concept of Irreconcilable Differences was introduced to address this issue.  It used to be that you had to have a reason why you wanted to divorce and then you had to prove that reason in court.  Divorce became so common and the courts finally caught up with the times.  You now can get divorced without having to prove anything.

Just because you don't have to prove anything doesn't mean that there aren't reasons why people get divorced.  Today I will address the top three reasons; Money, Adultery and Incompatibility.

Money

Money is a big issue.  The reasons behind why money is an issue are endless but in general they come down to people disagree about how to spend money, how much money to save, one party is working too much, the other party isn't working or contributing, someone is spending all the money on things the other party doesn't agree with.

Adultery

While technically adultery can be a "for cause" grounds for divorce, it  is often the reason people seek a divorce on the grounds of irreconcilable differences.  What I mean by that is that if you say you are seeking a divorce on the grounds of adultery, then you would have to prove the adultery.  If you aren't attached to having the other party being labeled an "adulterer", you can seek a divorce on the grounds of irreconcilable differences and you don't have to prove anything.  Some people live in a constant state of adultery and it doesn't seem to bother them.  Other people are truly offended by the misdeed and see it as a betrayal.

Incompatibility

While you would think that incompatibility shows up early in a marriage, it can actually show up at anytime.  In newly weds, incompatibility makes the parties do a gut check when they realize that they their personalities don't match, they don't love each other or it was just a fling.  In older couples, incompatibility usually shows up in "we have grown apart".  It isn't maybe that they were originally incompatible, they just don't have any compatibility now.

If you are seeking a divorce and need to speak to one of our attorneys, give us a call, (208) 472-2383.  Our divorce attorneys have the experience to help you.

Custody and Divorce

What's the Difference?

Sometimes legal terms get confused when they are used interchangeably.  Divorce and Custody are good examples of that.  If you are getting a divorce and you have children, you will also be working on custody issues.  You could also seek custody of your child even if you were never married and are not in need of a divorce.

Custody as Part of a Divorce Action

When you have kids and you decide to get divorced, the Court has jurisdiction over those kids.  This means that as part of your divorce action, either you and your spouse, your attorneys through negotiation or the judge will decide who has the kids, when and under what terms.  This includes visitation, child support, custody, vacations, health care and everything else that goes along with having a child.  The court will also divide your property either on its own findings or based upon the agreement of the parties or mediation.  Ultimately, the court will also grant your divorce.

Custody as an Independent Action

If you were never married and have a child together, you can ask the court to determine paternity, custody, child support and all the other odds and ends of things that go along with having a child.  This action is essentially the same as the custody portion of a divorce.  The court has jurisdiction over children who have lived in the state for a period of greater than 6 months and therefore can decide who will have custody and what the visitation will look like.

Trends in Custody

It used to be that the mother was almost always given primary physical custody of a child pursuant to divorce or to a custody action.  Over the years the court has moved away from that presumption.  The court looks at the best interest of the child in determining what custody arrangement will be ordered.  The court looks at several factors in making that decision.  While I will discuss those factors in my next post, the important thing here is that custody arrangements these days vary greatly.  Many times the court will order a 50/50 schedule where the child changes households every seven or so days.  If the parties agree on what the custody will look like you can get all sorts of arrangements; basically whatever fits your schedules as well as the kids' schedule.

If you need to talk with a Boise Divorce Attorney give us a call and see what we can do for you. (208) 472-2383.

Divorce and Custody in Times of Covid-19

 Divorce and Custody in Times of Covid-19

Do I have to do a custody transfer during times of lock down or community spread?  This is a question I have been getting very frequently.  Many people are concerned and so for them it is a valid question.  There are some, who having been scarred by the divorce itself, will try to use community spread as a weapon against the other parent.

Child's Best Interest

The main focus of a custody order is the best interest of the child.  Maintaining regular and frequent contact are extremely important to a child's well being.  Keeping this in mind, it is imperative that in a situation where a child is going back and forth between homes, that both parents, as well as the child, are exercising precautions to prevent contraction of Covid-19.  By doing this, the parties can continue the child's routine which is so critical to their well being. If a child or a parent does contract Covid-19 the appropriate measures should be taken including notifying the other parent and apprising them of the situation.

Invalid Use of Claim

For those who seek to use Covid-19 as a tool to spite the other parent, judges are very good at reading through the lines.  Undoubtedly, they have heard testimony and if one parent or the other, or both, comes across as incredible, then when the issue of coronavirus is brought up, the judge may questions the veracity of the claim.

If you have questions about divorce, custody or covid-19 in relation to divorce or custody, give us a call at (208) 473-2383 or visit us at www.lawboiseid.com