Child Support in Idaho
As a Boise Family Law Attorney one very common question I get is how is child support determined? As I have noted many times before, Idaho uses the Idaho Child Support Guidelines to establish child support.
Child Support by Agreement
Once people understand this they want to know if they can agree to an amount different than established by the guidelines. In general you can but you must rationalize the deviation. For example, if one party pays all the transportation, they may be able to show the court why the monthly obligation should be adjusted to an amount lower than what has been established by the guidelines.
Sometimes people want to include payments in child support that actually don't belong there. An example of where this can happen is if one spouse feels that they should pay more than what is required by the guidelines so that the other spouse can have help paying the mortgage. As a Boise Divorce Attorney, I would caution against this type of inclusion and a judge may actually not allow it at all anyway.
Child Support by Contract
In a divorce the court has jurisdiction over the parties, their children and their property. When you make an agreement by stipulation or contract the court may determine that it does not have jurisdiction over your agreement. What does this mean for you? If you take the above example of including more money in the monthly child support obligation for the ex-spouse to pay the mortgage, you may not be able to modify that amount if the court determines it doesn't have jurisdiction. This means that once you feel it is no longer necessary to pay the ex-spouse additional monies for the house payment, you won't be able to modify your contract.
As a Boise Divorce Attorney I recommend that you keep your child support obligation free of external agreements and amounts not contemplated by the guidelines. If you absolutely feel it necessary to provide more money for your ex-spouse you can have a separate agreement where you agree to pay money to them. In that contract, it would be an absolute necessity to create provisions that would allow you to revisit and modify the contract so you not unnecessarily bound for a lengthy duration.
If you are seeking a divorce or child support modification and you need to speak to a Boise Family Law Lawyer, please give us a call, 208-472-2383. You will be glad you did.
Monday, February 18, 2013
Friday, January 25, 2013
Contempt of Court - Boise Divorce Attorney (208) 472-2383
Contempt of Court
Being held in contempt of court is not a legal situation unique to family law. You can be held in contempt of court by any judge in any court. But what exactly is contempt of court and how does it apply to family law?
What is Contempt?
Whenever a judge orders you to do something, you are required to do it just as the judge tells you. If you do not, you can be held in contempt of court, meaning the judge can punish you for not doing what you were told. Often, like in the case of divorce law, the other side brings a motion against you telling the judge that you did not comply with his or her order and asking them to hold you in contempt.
Contempt in a Family Law Court
As a Boise Divorce Attorney, I see contempt cases all the time. There can be many different reasons people, within the Family Law Court, are held in contempt. Often in a court order, for example, a person will be ordered to sell or refinance the community home within a certain time period. If they fail to comply, the other side can bring contempt charges against them. What if, however, the party who was ordered to act tried their best to sell the house but was unable due to market conditions? Or, what if their credit was ruined in the course of the divorce and they could not qualify for refinancing? These are very common situations I see as a family law lawyer. Like so many things in the law, there isn't a cut and dry answer. A judge may say, "you didn't comply" period and "you go to jail" More likely, however, a judge will look at the circumstances surrounding the contempt. They might look at the effort you used to sell the house or why your credit was bad. Did the other side do something to hinder your credit? Was your credit bad before the divorce? The judge will also look at whether you were ordered to do something or you agreed to do something. That little difference between being ordered and agreeing can be huge! Sometimes the judge will also look at something known as "clean hands". Has the other party violated the order just as much? Much like the kettle calling the pot black!
Contempt is a very serious charge that can result in jail time. You should never take it lightly. While you may think you have a valid justification for your non-compliance the judge may not. Judges do not like to see their orders ignored!
If you have a divorce or family law issue and you need to speak to a Boise Divorce Attorney, give us a call, (208) 472-2383. You will be glad you did.
Friday, January 4, 2013
Boise DUI Attorney - How Will a DUI Effect My Job - (208) 472-2383
As a Boise Criminal Attorney I often get anxious calls from individuals who have gotten a DUI. They are not only concerned about the consequences of being charged with a crime, but also the widespread effects on other aspects of their lives. DUI can wreak havoc on your personal life as well as on your employment. Probably the second or third most frequent question I get as a Boise DUI Lawyer is, "Will I lose my job?"
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
There is no universal answer to this question. A lot of it depends upon your employer. Does your employer have a policy on DUI charges? Is there a zero tolerance for criminal charges at your workplace? Will your termination depend upon your job performance?
If you are charged with a DUI and you are aware of a no tolerance policy or your boss approaches you to discuss termination, what should you do? First, you should remain calm. If there is an across the board termination requirement for DUI, ask your boss to wait until the final outcome. Just because you have been charged with a crime doesn't mean you will be convicted of a crime. You might be lucky and have one of those cases where there was improper search, lack of probable cause or some other situation that would result in a dismissal of your case or a conviction on a lesser charge.
Termination based upon a DUI or a conviction of a crime often has to do with the company's public reputation. Can you imagine the hypocrisy a police officer getting a DUI? Also, remember that a charge for driving under the influence can mean having drunk too much or having illegal drugs in your system (or too much prescription drugs or over the counter drugs in your system resulting in an impairment of your ability to drive). Your boss may not want the public to believe that his employees are drug users, especially if your job revolves around public service or safety.
If you have been charged with a DUI or a crime in Idaho and need to speak to either a Boise Criminal Attorney or a Boise DUI Lawyer, give us a call and see what we can do for you, (208) 472-2383
Tuesday, December 25, 2012
Boise Criminal Attorneys - Idaho DUI Lawyers (208) 472-2383
DUI During the Holidays
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however. As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays. The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.
Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year. They are on watch for individuals imbibing and driving. Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo. Mr. Crapo is not unique in this holiday criminal charge. Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink. It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.
Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration. We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk. Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking. Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver. If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence. Instead of turning to alcohol, it is better to find someone to talk to. It could be a family member, a member of the clergy, your divorce attorney or a counselor. No one should suffer alone and those people are there to help you. Don't let a DUI ruin the holidays for you or your family.
If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383. You will be glad you did.
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however. As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays. The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.
Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year. They are on watch for individuals imbibing and driving. Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo. Mr. Crapo is not unique in this holiday criminal charge. Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink. It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.
Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration. We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk. Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking. Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver. If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence. Instead of turning to alcohol, it is better to find someone to talk to. It could be a family member, a member of the clergy, your divorce attorney or a counselor. No one should suffer alone and those people are there to help you. Don't let a DUI ruin the holidays for you or your family.
If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383. You will be glad you did.
Wednesday, December 12, 2012
Boise Divorce Attorneys - Idaho Family Law Lawyers (208) 472-2383 Changes During a Pending Case
Modification
I have often spoken about modification in my divorce and family law blogs. Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.
When speaking of modification this way, it seems that post divorce or custody is the only time changes occur. That, however, is slightly misleading. As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.
For example, Magistrate Judges in Ada County order issues of custody to be mediated. The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do. They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement. If they agree they then sign the agreement and that is incorporated into the divorce and custody order.
Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child. For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent.
Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification? As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance. It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent. Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.
I have often spoken about modification in my divorce and family law blogs. Many of you may remember that in order to modify an existing order you must show a substantial and material change of circumstance that did not exist at the time of agreement.
When speaking of modification this way, it seems that post divorce or custody is the only time changes occur. That, however, is slightly misleading. As a Boise Divorce Attorney, I often see the need to modify an agreement within an existing active case.
For example, Magistrate Judges in Ada County order issues of custody to be mediated. The idea behind this is that the parties, themselves, can work out what will work best for them, rather than having a judge tell them what to do. They are ordered to choose from a set of court appointed mediators within a certain time period and are asked to attend mediation to work out an agreement. If they agree they then sign the agreement and that is incorporated into the divorce and custody order.
Changes that Occur Prior to Final Divorce Order
As a Boise Divorce Attorney I have seen situations where the parties agree and then before a final order in entered there is a change in circumstances that possibly makes the agreement less than ideal when taking into account the best interest of the child. For example, if one party begins using drugs or is charge with aggravated assault, you would not want to keep a parenting agreement that allowed the child to be alone with that parent.
Whether the parent is committing a crime, engaged in ongoing criminal activity or is acting in a way that shows a disregard for parental responsibility, can you change your parenting agreement without filing for a modification? As a family law lawyer I would suggest that the court be notified of the change and motion the court disregard the signed mediation agreement based upon the material change in circumstance. It can easily be argued that the set of facts which the mediation is based on have change to a new set of facts considering the criminal or unfit behavior of one parent. Simply because an agreement is in place does not mean that it should stand if one parent is acting in a way that is not suitable to the best interest of a child.
If you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383.
Thursday, November 15, 2012
Boise Family Law Lawyers - Idaho Divorce Attorneys (208) 472-2383
Holiday Visitation
With the holidays approaching quickly many people are scrambling to make certain their visitation schedules are in order and they know who has the kids and when. As a Boise Divorce Attorney I receive numerous calls concerning visitation this time of year.
Changing Visitation
When you go through a divorce or a custody case the final order will include a visitation schedule. This schedule is not just the weekly schedule rather it will include holiday visitation for every year until the child turns 18 years.
As a Boise Family Law Attorney I receive several last minute phone calls from individuals wanting to change their holiday visitation. Sometimes they want to change the dates, sometimes they want to make the visit longer and sometimes they want to flip-flop holidays. While change is not out of the question, it can be difficult to get on short notice.
The best way to get your visitation changed is by mutual agreement between the parties. This ensures that there is a smooth change and everyone is in agreement. If you have an unforeseen incident and the other party does not want to give you their permission for a change you can ask the court for its help. However, it can be difficult to get into court quick enough to fix the problem. When this happens and you go ahead with your plans, it is a great possibility that you will be brought up on contempt charges for violating the custody order.
Emergency Change in Visitation
Part of the reason the court does not want people running to it constantly to change a visitation schedule is that you have very advance notice of when and where your visitation will be. It expects you to plan accordingly. There are those situations, however, where you have not control over the situation. For example, say you are out of town with your child and are scheduled to return in time for a Sunday night custody swap and there is a snow storm and you can't get back for three days. Now while this is a true emergency situation, it is unlikely that your Boise Divorce Attorney can even get in front of a judge to get an order allowing the change. In these situations, if the other side persists in bringing contempt charges against you the judge will look at your violation of the order in a different light than had you acted intentionally without the other party's permission.
My best advice as a Boise Family Law Lawyer is to plan ahead of time and stick to your schedule as best as you can. If you need to make a change and you and the other party cannot agree contact your attorney several months in advance to ensure you get the best possible outcome.
If you need to speak to a Boise Divorce Attorney please give us a call, (208) 472-2383 and see what we can do for you.
With the holidays approaching quickly many people are scrambling to make certain their visitation schedules are in order and they know who has the kids and when. As a Boise Divorce Attorney I receive numerous calls concerning visitation this time of year.
Changing Visitation
When you go through a divorce or a custody case the final order will include a visitation schedule. This schedule is not just the weekly schedule rather it will include holiday visitation for every year until the child turns 18 years.
As a Boise Family Law Attorney I receive several last minute phone calls from individuals wanting to change their holiday visitation. Sometimes they want to change the dates, sometimes they want to make the visit longer and sometimes they want to flip-flop holidays. While change is not out of the question, it can be difficult to get on short notice.
The best way to get your visitation changed is by mutual agreement between the parties. This ensures that there is a smooth change and everyone is in agreement. If you have an unforeseen incident and the other party does not want to give you their permission for a change you can ask the court for its help. However, it can be difficult to get into court quick enough to fix the problem. When this happens and you go ahead with your plans, it is a great possibility that you will be brought up on contempt charges for violating the custody order.
Emergency Change in Visitation
Part of the reason the court does not want people running to it constantly to change a visitation schedule is that you have very advance notice of when and where your visitation will be. It expects you to plan accordingly. There are those situations, however, where you have not control over the situation. For example, say you are out of town with your child and are scheduled to return in time for a Sunday night custody swap and there is a snow storm and you can't get back for three days. Now while this is a true emergency situation, it is unlikely that your Boise Divorce Attorney can even get in front of a judge to get an order allowing the change. In these situations, if the other side persists in bringing contempt charges against you the judge will look at your violation of the order in a different light than had you acted intentionally without the other party's permission.
My best advice as a Boise Family Law Lawyer is to plan ahead of time and stick to your schedule as best as you can. If you need to make a change and you and the other party cannot agree contact your attorney several months in advance to ensure you get the best possible outcome.
If you need to speak to a Boise Divorce Attorney please give us a call, (208) 472-2383 and see what we can do for you.
Thursday, November 8, 2012
Boise DUI Attorneys - Idaho Criminal Law Lawyers (208) 472-2383
DUI and Drugs in Idaho
I have spoken before in this blog about how a charge for DUI can relate to alcohol consumption or, alternatively, may have nothing to do with it. Today, I want to discuss the anatomy of a DUI related to driving under the influence of drugs.
As a Boise DUI Attorney I often see cases involving DUI due to operating a motor vehicle under the influence of drugs. People have a lot of questions when it comes to this type of case. First, how does the arresting officer know you are under the influence of drugs and how do they test you? This is a very good question. The process is almost identical to a stop and arrest for driving under the influence of alcohol. As you may know from previous DUI blogs I have written, in order to be pulled over the police must have probable cause. This can be anything that gives them a good suspicion that something is happening in your vehicle that is impairing your driving or a blatant violation of driving laws. If you have taken drugs and are impaired your driving may be sketchy. You may weave in and out of your lane, you may run a red light, you may drive the wrong way on a one way street and the list goes on. Once you are pulled over, the police will look for signs of alcohol or drug consumption. They will perform field sobriety tests, they may ask to search your car (always say no - you do not have to consent to a search) and they may take a breathalyzer test. If you haven't consumed alcohol the breathalyzer will obviously be negative but this doesn't prevent the police from arresting you if you are obviously impaired. At this point they will order a blood test to determine the presence of drugs in your system.
Does the presence, no matter how slight, of drugs in your system mean that you will be convicted of a DUI?
As a Boise DUI Lawyer, this is the net biggest question people are curious about in these types of cases. Unlike alcohol, there is no legal limit for drugs in your system. The blood test will simply reveal a positive or a negative result.
Illegal Drugs vs. Over the Counter and Prescription Medication
There isn't a simple answer to this question but there are certain considerations which need to be examined. The first question is, "are the drugs in your system illegal drugs?" If it is the case you are under the influence of marijuana, meth, cocaine or any other controlled substance, it does not matter how much there is in your system. You will be charged with a DUI and if pursuant to the traffic stop, any illegal drugs were found, you will also be charged with possession and potential trafficking, depending upon how much was found. The reason for this is simple; it is illegal to be in possession and to consume illegal drugs.
The more difficult question to answer for DUI attorneys is, "what if the drugs in your system were over the counter drugs or drugs prescribed by a physician?" It is not illegal to drive with these types of drugs in your system, but it can become illegal and an issue of intoxication if the amount you have in your system impairs your driving. In fact, if you are under the influence of these types of drugs when you are pulled over, it is likely that you will volunteer the information that you are taking certain medications to the police officer. But, will you be charged with a DUI?
These cases turn on the specifics of each case. For example, if you were prescribed hydrocodone and you were taking it according to your physician's directions and had been taking it for a few weeks and were used to how it effected you, you might have your charged reduced to reckless or inattentive driving or even failure to use a traffic signal, depending upon the under lying cause for the traffic stop. If, however, you consumed excessive amounts of the hydrocodone, meaning way more than you were prescribed, and you were pulled over because you were speeding while going the wrong way on the freeway the chances that you will get a DUI are high.
If you have been charged with a driving under the influence and you need to speak to a Boise DUI Attorney, please give us a call at 208-472-2383 and see what we can do for you.
I have spoken before in this blog about how a charge for DUI can relate to alcohol consumption or, alternatively, may have nothing to do with it. Today, I want to discuss the anatomy of a DUI related to driving under the influence of drugs.
As a Boise DUI Attorney I often see cases involving DUI due to operating a motor vehicle under the influence of drugs. People have a lot of questions when it comes to this type of case. First, how does the arresting officer know you are under the influence of drugs and how do they test you? This is a very good question. The process is almost identical to a stop and arrest for driving under the influence of alcohol. As you may know from previous DUI blogs I have written, in order to be pulled over the police must have probable cause. This can be anything that gives them a good suspicion that something is happening in your vehicle that is impairing your driving or a blatant violation of driving laws. If you have taken drugs and are impaired your driving may be sketchy. You may weave in and out of your lane, you may run a red light, you may drive the wrong way on a one way street and the list goes on. Once you are pulled over, the police will look for signs of alcohol or drug consumption. They will perform field sobriety tests, they may ask to search your car (always say no - you do not have to consent to a search) and they may take a breathalyzer test. If you haven't consumed alcohol the breathalyzer will obviously be negative but this doesn't prevent the police from arresting you if you are obviously impaired. At this point they will order a blood test to determine the presence of drugs in your system.
Does the presence, no matter how slight, of drugs in your system mean that you will be convicted of a DUI?
As a Boise DUI Lawyer, this is the net biggest question people are curious about in these types of cases. Unlike alcohol, there is no legal limit for drugs in your system. The blood test will simply reveal a positive or a negative result.
Illegal Drugs vs. Over the Counter and Prescription Medication
There isn't a simple answer to this question but there are certain considerations which need to be examined. The first question is, "are the drugs in your system illegal drugs?" If it is the case you are under the influence of marijuana, meth, cocaine or any other controlled substance, it does not matter how much there is in your system. You will be charged with a DUI and if pursuant to the traffic stop, any illegal drugs were found, you will also be charged with possession and potential trafficking, depending upon how much was found. The reason for this is simple; it is illegal to be in possession and to consume illegal drugs.
The more difficult question to answer for DUI attorneys is, "what if the drugs in your system were over the counter drugs or drugs prescribed by a physician?" It is not illegal to drive with these types of drugs in your system, but it can become illegal and an issue of intoxication if the amount you have in your system impairs your driving. In fact, if you are under the influence of these types of drugs when you are pulled over, it is likely that you will volunteer the information that you are taking certain medications to the police officer. But, will you be charged with a DUI?
These cases turn on the specifics of each case. For example, if you were prescribed hydrocodone and you were taking it according to your physician's directions and had been taking it for a few weeks and were used to how it effected you, you might have your charged reduced to reckless or inattentive driving or even failure to use a traffic signal, depending upon the under lying cause for the traffic stop. If, however, you consumed excessive amounts of the hydrocodone, meaning way more than you were prescribed, and you were pulled over because you were speeding while going the wrong way on the freeway the chances that you will get a DUI are high.
If you have been charged with a driving under the influence and you need to speak to a Boise DUI Attorney, please give us a call at 208-472-2383 and see what we can do for you.
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