Child Support in Idaho
Child Support is a hot button topic in Idaho. As a Boise Divorce Attorney I deal daily with child support; everything from calculating, offsetting, modifying to equalizing. People are often confused about the function of child support. I often hear from people that they are tired of paying the ex-spouse all their money or that they hardly have any time with their child so they don't think they need to pay so much support. This is a misconception of the value and the function of child support.
Even worse than the above two examples is when someone tries to get more time with their child, not because they truly desire to maintain contact with them but so that they can equalize the support and perhaps not have to pay anything.
Child Support Pursuant to Divorce
Child Support is calculated during a divorce, often as a part of temporary orders, based upon the income of the respective parents. If one or both parents is unemployed the court will not figure them at zero income. The court will impute an amount. This is generally based upon one's historic income or, if there is no history of income, on minimum wage.
Child Support can be modified if there is a substantial and material change of circumstance which would warrant a change. Simply quitting your job or taking a lower paying job, however, will not qualify.
Modifying the Divorce Decree
I often get calls from people seeking to reduce their child support payments. They often want to modify their divorce decree to give them more time with the child. Their thinking is that the equalization of time would mean they won't have to pay anything. The courts do not look kindly on this attitude. The court can and will modify the original decree when it is shown that there is a warranted change in circumstances. The court will even equalize or change child support but only for good reason.
Child Support is not a punishment. It is meant to provide your share of support for your child. The thing that people fail to understand is that usually the custodial parent spends much much more money on the child than what child support covers. If you seek to equalize support by increasing your visitation, you will soon find out that you spend more on your child when the child is with you. My best advice as an experienced divorce lawyer is spend your time and effort making the time you have with your child the best possible experience for them. If you have a substantial change, go ahead and modify your divorce decree, but never seek the court's assistance out of spite or hard feelings toward your child's other parent.
If you are seeking a divorce or a child support modification and need to speak with a Boise Attorney, please give us a call, 208-472-2383, and see what we can do for you.
Showing posts with label divorce lawyer. Show all posts
Showing posts with label divorce lawyer. Show all posts
Thursday, January 16, 2014
Friday, November 29, 2013
Boise Divorce Attorney 208-472-2383 Idaho Family Law Lawyers
Property Division in Divorce
As a Boise Divorce Attorney I hear from a lot of people who wonder how and why property is divided in divorce. The general answer to this is that property pursuant to divorce is split according to Idaho community property laws. If you are unfamiliar with the law this seems like a rhetorical answer and in fact, it really doesn't tell you much even if you have some understanding of the law.
Who Get's How Much in Divorce?
In today's discussion I am not going to focus too much on community property and what that entails. For a more in depth discussion of that concept please visit www.lawboiseid.com. What I want to discuss is the practical division of property in divorce. I generally tell my clients that a judge will begin with the premise of a 50-50 split. That figure is based upon community property concepts. What happens after that division depends upon a lot of factors such as the concept of unequal but equitable division. Basically, that's the concept that fair doesn't mean equal. Your Boise Divorce Lawyer puts together the evidence you have in your case to help show the judge, or the other side if you are in negotiation, how 50-50 isn't necessarily fair. It is in this fashion that you may end up with an unequal split. On the other hand, it may be the case that the judge sticks with the fairness concept of a 50-50 division.
Factors to Consider in Division of Property Pursuant to Divorce
While there is no general factor or set of factors that says that one activity leads to a reduction in assets taken pursuant to divorce there are general trends that can lead to an unequal division. For example, if one party has contributed more to the community, prevented the other party from contributing to the community or by the nature of your relationship one party has had a greater economical contribution while the other party has taken care of the children, are all factors to consider and which can play out differently depending upon the facts of the case. The concept that I am trying to convey is that even though the split of property pursuant to divorce in Idaho is based upon community property, each case has its individual set of facts and circumstances which can effect the outcome of the case.
If you have found yourself in need of a Boise Divorce Attorney, please give us a call and see what we can do for you, 208-472-2383. You will be glad you did.
As a Boise Divorce Attorney I hear from a lot of people who wonder how and why property is divided in divorce. The general answer to this is that property pursuant to divorce is split according to Idaho community property laws. If you are unfamiliar with the law this seems like a rhetorical answer and in fact, it really doesn't tell you much even if you have some understanding of the law.
Who Get's How Much in Divorce?
In today's discussion I am not going to focus too much on community property and what that entails. For a more in depth discussion of that concept please visit www.lawboiseid.com. What I want to discuss is the practical division of property in divorce. I generally tell my clients that a judge will begin with the premise of a 50-50 split. That figure is based upon community property concepts. What happens after that division depends upon a lot of factors such as the concept of unequal but equitable division. Basically, that's the concept that fair doesn't mean equal. Your Boise Divorce Lawyer puts together the evidence you have in your case to help show the judge, or the other side if you are in negotiation, how 50-50 isn't necessarily fair. It is in this fashion that you may end up with an unequal split. On the other hand, it may be the case that the judge sticks with the fairness concept of a 50-50 division.
Factors to Consider in Division of Property Pursuant to Divorce
While there is no general factor or set of factors that says that one activity leads to a reduction in assets taken pursuant to divorce there are general trends that can lead to an unequal division. For example, if one party has contributed more to the community, prevented the other party from contributing to the community or by the nature of your relationship one party has had a greater economical contribution while the other party has taken care of the children, are all factors to consider and which can play out differently depending upon the facts of the case. The concept that I am trying to convey is that even though the split of property pursuant to divorce in Idaho is based upon community property, each case has its individual set of facts and circumstances which can effect the outcome of the case.
If you have found yourself in need of a Boise Divorce Attorney, please give us a call and see what we can do for you, 208-472-2383. You will be glad you did.
Friday, July 6, 2012
Boise Family Law Lawyers - (208) 472-2383 Separate and Community Property
Separate and Community Property
As a Boise Divorce Attorney I have spoken frequently in this
blog and in others about community property.
To be brief, community property is that property which is acquired
during a marriage with community funds.
This is in contrast to separate property. The distinction between the two is important
because upon divorce, community property is divided equally or equitably
because it belongs to both parties. At
divorce, however, separate property remains the sole property of the original
owner, unless….
As a Family Law Lawyer I deal with “unless…” a lot. How and why would separate property become an
unless? In the world of family law there
is something known as comingling. Comingling
exists in divorce law as well as business law.
It is the act of mixing property or money so that the original source is
unclear. It also often entails a lack of
desire to keep property separate which can indicate a sharing nature. Because there is a mixing, the property
becomes transmuted. Transmuted is a
fancy legal word for changed. As in all
these blogs, when I discuss something technical, I am sure it is clear as
mud. Let me try to remove the mud and
explain.
Comingling
Speaking in hypotheticals:
Wife has cold hard cash from a previous marriage. She marries new Husband. Wife places her cash in her own bank
account. Wife never uses money from her
account to pay for anything related to the community. Husband and Wife get a divorce. It is clear that Wife always kept her money
separate. She never mixed it with money
from the community. It remains her own
separate property.
Now let’s take Wife and Husband again but change the
circumstances a little bit. Say Wife and
Husband are married. Say Wife’s parents
die and leave her $50,000. Inheritance,
by law, is separate property. Now let’s
say that Wife puts that money into her joint savings account. Years pass and Husband and Wife make
improvements on their home with money from the savings account. They make regular deposits into the account
and make regular withdrawals for other things too, like trips, gifts and taxes. Years pass and Wife decides she is bored and
is ready to move on. Can Husband prevent
Wife from taking and claiming that $50,000 as her own separate property? You bet he can. He needs to have an experienced Boise Divorce
Attorney who understands how funds are traced and how comingling re-characterizes
the nature of separate property. This is
possible because the funds were treated as community funds. There was never any regard for keeping the
funds separate and they were used freely to benefit the community.
So the above two examples are extremes but comingling occurs
all the time. A very common example I
see as a practicing divorce lawyer is when separate property funds are used to
purchase a new home. Does the investment
in the new home make the separate property into a community asset? Generally, no, because the separate funds can
be traced and any increase or decrease in value can be divided proportionally. The portion that is paid for with community funds will be characterized as community property. The portion paid for with separate funds will be characterized as separate property.
If you are getting a divorce and have community property
issues we have divorce attorneys who can handle the complexities involved in
dividing the marital community. If you
would like to speak with one of our family law attorneys, please give us a call
at (208) 472-2383. You will be glad you
did.
Friday, June 29, 2012
Boise Attorney Discusses Domestic Violence and Your Right to Bear Arms
Domestic Violence and the Right to Bear Arms
As a Boise Divorce Attorney I handle hundreds of domestic violence cases each year. Some of these are mere allegations of domestic violence, while others actually lead to the implementation of a restraining order or a criminal conviction for domestic violence. But what exactly, does domestic violence have to do with the right to bear arms?
No Guns for Felons
Firstly, the Second Amendment of United States Constitution grants the right to bear arms to all U.S. Citizens. Many people know that you can lose this right if you are convicted of a felony. As a Boise Criminal Attorney, I see individuals lose this right regardless of the nature of the felony. For example, it makes sense that you would lose your right to carry a gun if you committed a felony involving a gun. However, it doesn't stop there. If you incur a third time DUI (a felony), you will lose your right to bear arms. There are two exceptions to the "any" felony rule. If you are convicted of a felony in a foreign country or a felony involving an antitrust or unfair trade practices you cannot be convicted in federal court for illegal gun possession.
Domestic Violence Conviction
Prior to 1996, domestic violence, unless it rose to the level of a felony, and gun control had very little to do with one another. In 1996 the US Congress passed a law that made it illegal to bear arms if you were convicted of the crime of domestic violence. What does this mean?
Although domestic violence is a crime, it is often handled in the divorce or family law context and without criminal implications. An ex parte hearing is the first step. This is an emergency hearing where the individual who is being abused petitions the court for a temporary restraining order. The court will issue the order on a temporary 2 week basis to provide protection, but also to give the other side the chance to have their side heard. If, after hearing the evidence, the judge determines that there has been domestic violence they will order a no contact order. These generally last a year and must be renewed thereafter. If the judge determines there was no basis for the temporary order he or she will dismiss the case. If the battered individual files charges with the police and domestic violence charge is pursued by the prosecuting attorney the individual inflicting the harm can be charged and potentially convicted of the crime of domestic violence. If this happens, that individual will permanently lose all rights to bear arms. It doesn't just apply to handguns for protection, but applies to hunting guns and ammunition as well. I say permanently because, even if your record is expunged or you are otherwise pardoned (the only way to get your right to bear arms back), it can be difficult to restore your rights.
As a Boise Divorce Attorney, I must always counsel my clients on this potentiality. If you have been convicted of the crime of domestic violence and you have a gun in your possession, instead of being your divorce lawyer, I will become your criminal lawyer.
Even if you aren't convicted of the crime of domestic violence, simply by being subject to a no contact restraining order you will lose your right to bear arms. This loss of rights, however, is only temporary. Once the no contact order has expired you can once again go hunting or have a gun in your home for protection.
What If You Use a Gun As Part of Your Work?
Is there a law enforcement or a military exception to the gun control law?
There is not. The Federal Code does allow for some exceptions to gun possession for law enforcement or military personnel, but not when a domestic violence conviction is involved. What this means is you, in effect, is you lose your ability to work in your profession because you cannot pack your weapon, nor carry ammunition.
Domestic Violence is a serious charge. If you have a DV issue and you would like to speak to a Boise Family Law Attorney, give us a call, (208) 472-2383 and see what we can do for you.
As a Boise Divorce Attorney I handle hundreds of domestic violence cases each year. Some of these are mere allegations of domestic violence, while others actually lead to the implementation of a restraining order or a criminal conviction for domestic violence. But what exactly, does domestic violence have to do with the right to bear arms?
No Guns for Felons
Firstly, the Second Amendment of United States Constitution grants the right to bear arms to all U.S. Citizens. Many people know that you can lose this right if you are convicted of a felony. As a Boise Criminal Attorney, I see individuals lose this right regardless of the nature of the felony. For example, it makes sense that you would lose your right to carry a gun if you committed a felony involving a gun. However, it doesn't stop there. If you incur a third time DUI (a felony), you will lose your right to bear arms. There are two exceptions to the "any" felony rule. If you are convicted of a felony in a foreign country or a felony involving an antitrust or unfair trade practices you cannot be convicted in federal court for illegal gun possession.
Domestic Violence Conviction
Prior to 1996, domestic violence, unless it rose to the level of a felony, and gun control had very little to do with one another. In 1996 the US Congress passed a law that made it illegal to bear arms if you were convicted of the crime of domestic violence. What does this mean?
Although domestic violence is a crime, it is often handled in the divorce or family law context and without criminal implications. An ex parte hearing is the first step. This is an emergency hearing where the individual who is being abused petitions the court for a temporary restraining order. The court will issue the order on a temporary 2 week basis to provide protection, but also to give the other side the chance to have their side heard. If, after hearing the evidence, the judge determines that there has been domestic violence they will order a no contact order. These generally last a year and must be renewed thereafter. If the judge determines there was no basis for the temporary order he or she will dismiss the case. If the battered individual files charges with the police and domestic violence charge is pursued by the prosecuting attorney the individual inflicting the harm can be charged and potentially convicted of the crime of domestic violence. If this happens, that individual will permanently lose all rights to bear arms. It doesn't just apply to handguns for protection, but applies to hunting guns and ammunition as well. I say permanently because, even if your record is expunged or you are otherwise pardoned (the only way to get your right to bear arms back), it can be difficult to restore your rights.
As a Boise Divorce Attorney, I must always counsel my clients on this potentiality. If you have been convicted of the crime of domestic violence and you have a gun in your possession, instead of being your divorce lawyer, I will become your criminal lawyer.
Even if you aren't convicted of the crime of domestic violence, simply by being subject to a no contact restraining order you will lose your right to bear arms. This loss of rights, however, is only temporary. Once the no contact order has expired you can once again go hunting or have a gun in your home for protection.
What If You Use a Gun As Part of Your Work?
Is there a law enforcement or a military exception to the gun control law?
There is not. The Federal Code does allow for some exceptions to gun possession for law enforcement or military personnel, but not when a domestic violence conviction is involved. What this means is you, in effect, is you lose your ability to work in your profession because you cannot pack your weapon, nor carry ammunition.
Domestic Violence is a serious charge. If you have a DV issue and you would like to speak to a Boise Family Law Attorney, give us a call, (208) 472-2383 and see what we can do for you.
Tuesday, September 13, 2011
Boise Idaho Divoce Lawyers - Family Law Attorneys - (208) 472-2383
Divorce can get ugly. As a Boise Divorce Attorney I have seen some really unsavory divorce and custody actions. It is my job as a divorce lawyer to try to help you to go through the process without high conflict. This isn't always possible. It depends to a great deal upon the individuals, the degree of animus and the level of maturity of the parties. However, as many Boise Divorce Attorneys will attest, there are a few things that you, as an individual, can do to help your divorce go smoothly.
One of the biggest areas of conflict in divorce and custody actions has to do with a new partner, spouse or significant other. Keeping your divorce issues and your custody issues between you, your soon-to-be ex partner and your lawyers is far better than including your new boyfriend or girlfriend in the mix.
Being timely for visitation drop off and pick up and being courteous about potential conflicts are other important elements in divorce. Often conflict begins here. The parties, because they are at odds, begin to use their children to get back at the other party. If someone is late for visitation drop off, the other party might use that against them or to claim they are not fit to be a parent. Divorce is very hard on children and no child deserves to be put in the middle of a custody dispute.
Being up front and honest with your soon-to-be ex and with the attorneys is also critical to the process and the outcome of a divorce. Incomes for child support calculations, use of community savings and care of community property are areas where people will often try to hide or fudge or somehow use to deceive the other party. You are obliged by law to be honest about your income and to care for the goods of the community. Lying about your income to decrease your child support obligation or destroying community property out of spite are sure ways to create a high conflict divorce. Just a note about child support. People often don't want to divulge their full incomes because they don't want the other party to get their money. Child support is just what it says it is. It is to support your child.
There is no guarantee that your divorce will go smoothly but using common sense and civility will go a long way in helping your divorce go quickly and with a low level of conflict. There are of course certain issues which may result in conflict. Your attorney knows how to manage these and it is far better to discuss these with your divorce lawyer rather than directly with the other party.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call, (208) 472-2383,
One of the biggest areas of conflict in divorce and custody actions has to do with a new partner, spouse or significant other. Keeping your divorce issues and your custody issues between you, your soon-to-be ex partner and your lawyers is far better than including your new boyfriend or girlfriend in the mix.
Being timely for visitation drop off and pick up and being courteous about potential conflicts are other important elements in divorce. Often conflict begins here. The parties, because they are at odds, begin to use their children to get back at the other party. If someone is late for visitation drop off, the other party might use that against them or to claim they are not fit to be a parent. Divorce is very hard on children and no child deserves to be put in the middle of a custody dispute.
Being up front and honest with your soon-to-be ex and with the attorneys is also critical to the process and the outcome of a divorce. Incomes for child support calculations, use of community savings and care of community property are areas where people will often try to hide or fudge or somehow use to deceive the other party. You are obliged by law to be honest about your income and to care for the goods of the community. Lying about your income to decrease your child support obligation or destroying community property out of spite are sure ways to create a high conflict divorce. Just a note about child support. People often don't want to divulge their full incomes because they don't want the other party to get their money. Child support is just what it says it is. It is to support your child.
There is no guarantee that your divorce will go smoothly but using common sense and civility will go a long way in helping your divorce go quickly and with a low level of conflict. There are of course certain issues which may result in conflict. Your attorney knows how to manage these and it is far better to discuss these with your divorce lawyer rather than directly with the other party.
If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call, (208) 472-2383,
Thursday, July 14, 2011
Divorce in Idaho - Boise Divorce Attorney Answers The Question, "Can You Do It Yourself?"
As a Boise Divorce Attorney I regularly get calls from individuals wanting to know if they can do their divorce by themselves. I always give an anecdotal account of my ability to do task by myself in which I am not trained. What I mean by that is, I am not a plumber so, how well can I do plumbing myself? Or, I am not an electrician, so how well can I wire the lights by myself? That having been said, I will ask you, if you are not a lawyer, how well can you do your divorce by yourself? These are really the types of questions you have to ask yourself if you want to do your own divorce.
There are lots of resources for do-it-yourself or cheap divorce kits in Idaho. Some are valid and some just want your money. The Idaho Supreme Court provides a website that has many do-it-yourself forms on-line. If you have not been married very long, have not acquired much property, you don't have children or custody issues, and you understand the difference between community property and separate property, you may do fine doing your own divorce. The difficulty arises when you have more complex issues such as retirement division or equalization of community property. Custody arrangements can also be tricky if you don't know what the law allows or requires. Not to stray to far from the issue, but it is like a probate case that becomes a gigantic headache for the survivors because the testator of the will decided to use a do-it-yourself will kit and marked the wrong boxes, in effect, nullifying the law and passing his or her property to a party they never intended to give it to.
If you want to save money by not hiring attorneys to do your divorce or custody issues, it is probably better to save money by hiring lawyers who are experienced in family law. Also, you can reduce your total bill by not incurring unnecessary charges, such as for calling your attorney to tell them that you have been fighting over the bills with your soon to be ex. Make certain your calls to your attorney are about necessary and important issues. You can also reduce your legal expenses by being active in your case. What I mean by this is, gathering important documents, weeding out superfluous documents and by providing your divorce lawyer with all the relevant materials they have asked you for.
If you are looking for an experienced Boise Divorce Attorney who provides affordable and excellent legal representation, call (208) 472-2383. Kershisnik Law always provides a free consultation, so give us a call today and see what we can do for you. You will be glad you did.
There are lots of resources for do-it-yourself or cheap divorce kits in Idaho. Some are valid and some just want your money. The Idaho Supreme Court provides a website that has many do-it-yourself forms on-line. If you have not been married very long, have not acquired much property, you don't have children or custody issues, and you understand the difference between community property and separate property, you may do fine doing your own divorce. The difficulty arises when you have more complex issues such as retirement division or equalization of community property. Custody arrangements can also be tricky if you don't know what the law allows or requires. Not to stray to far from the issue, but it is like a probate case that becomes a gigantic headache for the survivors because the testator of the will decided to use a do-it-yourself will kit and marked the wrong boxes, in effect, nullifying the law and passing his or her property to a party they never intended to give it to.
If you want to save money by not hiring attorneys to do your divorce or custody issues, it is probably better to save money by hiring lawyers who are experienced in family law. Also, you can reduce your total bill by not incurring unnecessary charges, such as for calling your attorney to tell them that you have been fighting over the bills with your soon to be ex. Make certain your calls to your attorney are about necessary and important issues. You can also reduce your legal expenses by being active in your case. What I mean by this is, gathering important documents, weeding out superfluous documents and by providing your divorce lawyer with all the relevant materials they have asked you for.
If you are looking for an experienced Boise Divorce Attorney who provides affordable and excellent legal representation, call (208) 472-2383. Kershisnik Law always provides a free consultation, so give us a call today and see what we can do for you. You will be glad you did.
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