Thursday, January 26, 2012

Boise Divorce Attorneys Idaho Divorce and Modification -Where and Why? (208) 472-2383

Boise Divorce Attorney | Idaho Custody Lawyers | Kershisnik Law, PLLC

Boise Divorce Lawyers

As a Boise Divorce Attorney I often get calls from individuals who live in different jurisdictions and want to know if they have to come to an Idaho Court to file for divorce, to modify their child support order or to modify their custody arrangement.  The basis of their question stems from the fact that they at one time lived in Idaho or their children were in Idaho and they got a divorce here or had custody or child support established here.

The answer to this questions is based upon a principle of the law called jurisdiction.  Jurisdiction means the court has authority and it is the proper place to bring an action.  For example, if you and your soon-to-be ex live in Boise, you or your divorce lawyers will file for divorce in Ada County because you resided here.  If you have no connection to Boise or to Idaho you would not file for divorce here, unless one of the spouses has moved here and has lived here for at least six weeks.

There are some tricking issues that arise when one of the parties does not live in Idaho.  One example is you can have a divorce in Idaho as long as you have been here for six weeks, but if you have children the Idaho Court cannot exercise jurisdiction over them (i.e. make a custody and support determination) if they do not live in Idaho (unless the are visiting and there is an emergency situation).  There is another tricky issue that works the other way around.  If you got a divorce in Idaho and then moved away, and then you want to modify the custody or support portion of it can you do that in your new state?  The answer to this is no.  You must either come to Idaho or have a Boise Divorce Attorney represent you and file the appropriate pleadings in the county where the children reside.  This can create all sorts of issues.  If for example, child support in your state is a certain amount, it may not be the same in Idaho and you will be subject to the amount that established by the Idaho Child Support Guidelines.


Boise Divorce Attorneys—Modification of Custody

What about modification of your custody order? If you got divorce in Boise and had your custody established here and then you moved away, if your child still lives here, Idaho is the proper jurisdiction in which to bring a modification.  This can become difficult if you live across the county, but a Boise Divorce Attorney can handle everything for you and chances are you won't have to make an appearance in Idaho.

Call to speak to a Boise Divorce Attorney Now—(208) 472-2383

If you have a divorce, custody or modification issue and you need to speak to a Boise Divorce Attorney, please give us a call and see what we can do for you.



Tuesday, January 24, 2012

Boise Criminal Lawyers - 208-472-2383 - Possession, Drug Charges, Synthetic Drugs

As a Boise Criminal Lawyer I am in the curious position of knowing many intimate details about illegal drugs, Details that I would never have the desire nor opportunity to learn about simply because of the fact that I am a criminal attorney.  I have learned more about illegal drugs, street drugs and synthetic drugs than I ever did in my 9th grade health class.  It is almost mind boggling how many synthetic drugs are on the market and how they are ever changing, primarily to evade the stamp of "illegal".

In October of 2010 Spice, a synthetic drug whose effects mimic marijuana, was outlawed in Idaho.  Spice is a highly addictive and dangerous way to get high, and while it is a synthetic cannabinoid, it has a very different and more intense high than marijuana.  Outlawing Spice is the legislature's and law enforcement's way of dealing with manufacturers who deal in these illegal drugs as well as retailers and users.

While outlawing Spice has the immediate effect of taking the dangerous drug off the market, it is much like a dog chasing its own tail.  As soon as Spice was gone, new synthetic cannabinoids were manufactured and changed just enough to not be "illegal".  Alternative "incenses" are sold all over the internet as well as in local headshops.  While these incenses are marked, "not for human consumption", everyone who uses the drugs consumes them.

If you are in possession of one of these new synthetic drugs, you are a manufacturer of these drugs or you are a retailer of them, before you know it your legal possession will be challenged.  I have already heard from several people who have had the police come into their shops and challenge their stock and it is up to them to prove that it is not Spice.

If you have been charged with possession of drugs and need to speak to an experienced and aggressive Boise Criminal Lawyer, give us a call and see what we can do for you.

Friday, January 20, 2012

Boise Family Law Lawyers (208) 472-2383 Domestic Violence and Restraining Orders

Domestic Violence and Restraining Orders

As a Boise Divorce Lawyer, my clients with restraining orders often ask me the following question. What do you do when you have a restraining order against someone and you need to call the police to notify them that the order is being violated?  You can keep your restraining order with you, and hope you can find it when you need it, or now, thanks to the Hope Card, you can keep a small, credit card sized, laminated information card with you.  The Hope Card provides the police with all the pertinent information you need to prove that you have a restraining order, including a photo of the person who is being restrained from coming near you.

Is the Hope Card for everyone?  No, it is only issued when you have at least a 12 month restraining order.  If you do, you can get the card free from the Idaho Attorney General's office.  You also must go through the regular process to get your restraining order in the first place.  You can do this on your own or be represented by a Boise Divorce Attorney.  Once the restraining order is in place, you can visit the attorney general's website and apply on-line.  Eventually, the card may become available to all victims of domestic violence despite the length of time of the restraining order.

If you are a victim of domestic violence and need to speak to a Boise Family Law Lawyer, please call (208) 472-2383.

Monday, January 9, 2012

Child Support in Idaho - Boise Family Law Lawyers (208) 472-2383

How is Child Support Determined in Idaho?

As a Boise Divorce Attorney, many people ask me who decides how much their child support will be.  My standard answer is, child support in Idaho is determined by the Idaho Child Support Guidelines. That doesn't tell you much, does it?  

What are the Idaho Child Support Guidelines and what information do they use to set child support?  The purpose of the guidelines is to give guidance in setting a fair child support amount while taking into account the diverse needs and resources available in individual cases.  In other words, it is an attempt to not make a one size fits all child support determination.  In my family law practice I see often see two families, who make the same income, but who have very different resources available to them, as well as greatly varying needs.  This having been said, however, the guidelines also acknowledge that the cost to raise a child is related to the income of the family.  But it also holds that the proportion of family income designated for the support of children remains fairly constant, despite different incomes.

The guidelines apply to the support of all children when custody and support are part of a judicial proceeding, including when there is a divorce or simply a custody action.  Child support is due and owing up until a child reaches 18 years of age, or 19 if they are still in high school.

The guidelines provide a formula for a basic child support determination.  It also provides for off-set considerations.  Some of the adjustments to child support include child care costs, transportation, tax benefit, health insurance premiums and out of pocket health expenses not covered by insurance, and disability or retirement issues, shared physical custody, extended overnights, split physical custody and income over $300,000/year.

The basic formula for child support takes a percentage of both parents income and makes a determination as to how much support it takes to rear a child.  The child support is prorated proportionally to their income.  If one parent does not have an income they are assigned a "potential" income.  In general, this is based upon previous employment or what they could earn based upon their skill level.

Boise Divorce Lawyers deal with the child support guidelines regularly and are very adept at crunching the numbers.  To the general public, however, the guidelines can seem like a convoluted mess.

If you are seeking a divorce or custody and need to speak to a Boise Family Law attorney, please give us a call, (208) 472-2383, and see what we can do for you.

Monday, January 2, 2012

Idaho Bankruptcy - Chapter 7, Chapter 13 Call (208) 472-2383 to find out Which One Is Right For You

Chapter 7 Bankruptcy or Chapter 13 Bankruptcy - Which One Is Right For You?

As a Boise Bankruptcy Attorney I often get calls from individuals who are contemplating bankruptcy but are unsure which form is right for them. As mentioned in previous blogs on the subject, in general, a Chapter 7 works for individuals who have very little expendable income after their monthly bills, who's income is less than or about average and who are ok with selling unsecured property to pay their debts.  A Chapter 13 works best for individuals, and may be the only option for many, when there is specific property they wish to keep, their monthly income, after qualified expenses, exceeds $168 or they have already filed a Chapter 7 within the past 8 years.

What Happens if you Have Filed a Chapter 7 Bankruptcy Within 8 Years and Find Yourself Needing Bankruptcy Protection Again?
As mentioned above, you can only file Chapter 7 Bankruptcy once every 8 years.  You can, however, file a Chapter 13 Bankruptcy if you find yourself in serious financial straights again before the 8 years is up.  While not a technical bankruptcy term, this is often referred to as a Chapter 20 Bankruptcy.

So Which Form of Bankruptcy is Best for You?
To answer this question thoroughly you really need to talk to a bankruptcy lawyer because there are so many things to take into consideration.  However, in general, it is important to ask some basic questions to see what your situation is and what you are hoping and trying to achieve by filing bankruptcy.

Are you wanting to keep certain property?  Do you have a regular job with income that exceeds your expenses?  While, in general, people wanting to file for bankruptcy want to discharge their debt and start fresh, it is important to remember that not all debt is dischargeable, such as tax bills and student loans.  However, sometimes when you file a Chapter 13, you might actually end up discharging second or third mortgages.  This is an appealing option, if you want to keep your house, but the loans on your home are worth more than their value.  There is something known as "stripping" a lien.  Stripping a lien is not allowed in a Chapter 7 Bankruptcy, but it is in a Chapter 13.  It goes something like this:  If, for example, you own a house and have a $250,000 mortgage on your home and a second mortgage for $50,000 and a third mortgage for $30,000.  Originally, when you got the second and the third mortgages they were secured debts.  This gave them priority.  Secured debt may be discharged (or reaffirmed), but the lien (this is what makes it secured) will survive the bankruptcy.  If the value of your home is now only $199,000, the value of the home is less than the outstanding first, second and third mortgages.  Stripping a lien in Chapter 13 Bankruptcy would result in the second and the third mortgages becoming unsecured debt and therefore they lose priority and the lien does not survive the bankruptcy.

While a Chapter 7 may look appealing, if your bankruptcy could go either way because of the means test, it might actually work to your benefit to file for Chapter 13 instead.  If you need to file bankruptcy and need to speak to a Boise Bankruptcy Attorney, please call us at (208) 472-2383 or fill out the quick contact form on our website and one of our bankruptcy lawyers will get right back to you.