Boise Bankruptcy Attorney - Chapter 7 and Chapter 13 - 208-472-2383

Bankruptcy and the Means Test

While filing for bankruptcy is not overly difficult, there are a number of important things to keep in mind.  Before you can file you must run what is known as the “means test”.  The means test determines which chapter of bankruptcy you will file under.  

The means test looks at your income.  If you exceed a statutory threshold you are forced to file a Chapter 13 bankruptcy.  However, if after running the initial income test your income exceed the “means”, you aren’t necessarily out of luck.  The means test also looks at certain expenses that will potentially reduce your countable income.

The means test is several pages long, but it, in and of itself, should not be intimidating.  After you go through the first several questions, you will know if your income is too great to file for Chapter 7 bankruptcy.  If your income is not above the statutory level you need go no further.

Bankruptcy and Military Service

There are some interesting exceptions in the means test as well.  For example, if you are an active member of the military and you incurred the majority of your debt while on active duty, you qualify for a Chapter 7 automatically.  There are also exceptions for members of the Guard.

Chapter 13

If you don’t qualify for a Chapter 7 Bankruptcy you can explore a Chapter 13.  Some people are concerned about going that route because they want all their debts discharged.  However, a Chapter 13 might actually work better in some cases.  In it you reaffirm debts and create a repayment plan.  It allows you to save your house and other items if you reaffirm.  And while not all of your debts are discharged if they are unsecured they will be.

Another consideration about filing out the means test is family size.  The more people in your family, the greater the income you can have and stay within the means.  Obviously, you would count your spouse and your children.  This can get tricky if you are in the process of divorce, or you have already gone through a divorce.  Can you count the kids if you only have shared custody?  What if you are engaged to be married?  Do you consider your fiancé part of your household?  These are all questions your Boise Bankruptcy Attorney can discuss with you to help you decide which bankruptcy route is best for you.

If you want to speak to an affordable and experienced Boise Bankruptcy Attorney, please give us a call at 208-472-2383.  You will be glad you did.

Family Law Attorneys - Military Domestic Violence

Domestic Violence in the Military
Domestic Violence is a recurring aspect of any Family Law practice.  While Boise Divorce Attorneys spend a lot of time dealing with domestic violence issues for their civilian clients, they also often deal with domestic violence in a military family.  However, there are differences in how the DV is dealt with when a military family is involved.

How is Domestic Violence Handled in the Military
How physical marital conflict is handled in the military depends upon who is committing the violence and where it is done.  By way of contrast, in the civilian setting, if a husband abuses his wife, she or a concerned individual will report the abuse to the police.  The wife may then file for a protection order.  In the military, if the abuser is a civilian, their behavior will also be reported to the local police.  If the abuser is military personnel and the violence occurs on a military base, then the military police are called in to investigate.  They report the abuse to the Family Advocacy Program as well as the abuser's commanding officer.  If the abuser is in the military and the abuse occurs off base, the local police are called.  There is no consistency, however, at the moment which requires the military personnel to be reported to the commanding officer or the Family Advocacy Program for their violent behavior.

If the commanding officer or the Family Advocacy Program learn about the soldier's domestic violence for abuse committed off base or if the abuse was committed on base, a caseworker is assigned to assess the situation and to develop a safety plan.  Part of this safety plan can be a protection order, similar to the ones that exist in the civilian world.  Where the process differs from the civilian world is the coordinated effort employed by the military to help stop and prevent further domestic violence. 

The caseworker submits their findings to a multidisciplinary panel which includes officials from the FAP, medical personnel, JAG, Chaplin and law enforcement.  They review the case and make recommendations to the commanding officer.  The commanding officer then, based upon the recommendations and the surrounding circumstances makes the decision to order his subordinate to counseling or other treatment or to impose disciplinary action from the Code of Military Justice.

When filing for divorce or domestic violence when a military personnel is involved it is important to remember that you need a Boise Divorce Attorney that has experience dealing with the military.  While there are similarities in civilian divorce their are factors that are handled differently when military personnel are involved. 

If you are in the military and need a Boise Divorce Attorney who has this experience, give us a call and see what we can do for you - (208) 472-2383 - you will be glad you did.

Boise Family Law Lawyer - Divorce Attorney - Criminal Lawyers - Probate Attorneys

If you are looking for a Family Law Lawyer, Divorce Attorney, Criminal Lawyers, Probate Attorneys in Boise or the surrounding area, call (208) 472-2383 for experienced and exceptional legal representation in many areas including divorce, custody, family law, military divorce, criminal law, DUI, probate, bankruptcy, employment law and small business law.

As a Boise Divorce Attorney I deal regularly with Military Divorce. Military Divorce has certain rules and characteristics different from a civilian divorce.  What strikes me most as a divorce lawyer, however, is not the differences but the rate of divorce in the military. 

According to the Pentagon, the rate of military divorce has increased despite efforts by the military to provide resources for military couples.  An even more harsh statistic is the effect of deployment on female soldiers.  Women in the military experience divorce at twice the rate of male soldiers.

Having an absent spouse, suffering from post traumatic distress disorder, being a young couple and one partner being away from a new marriage, or simply living under extremely stressful situations are difficult on any marriage so it is no wonder why those individuals in the military are experiencing such high divorce rates.  The Pentagon places the overall divorce rate at 3.7%.  It is not uncommon, however, to see units, particularly those that have had more than one deployment, to have upwards of an 80% divorce rate.

While the military resources aimed at curbing the divorce rate and effects upon military family law and families have not been extremely helpful, what can be done in terms of family law for a military family?  Divorce Attorneys who have experience dealing with military divorce and custody are your best resource to have your family law issues dealt with.  Knowing the anatomy of a military divorce can make all the difference in settling issues intricately involved with the military.  It is not just the divorce but there are many other aspects particular to the military which much be considered such as custody, retirement, outstanding debt and a whole slew of other issues.

If you are in the military or are married to military personnel and you need to speak to a Boise Divorce Attorney, please give us a call at (208) 472-2383.  Our attorneys can help you understand what is at stake and help you get going along the right path.  We always provide a free consultation so don't hesitate, call now.

Boise Divorce Attorney - Idaho Family Law Lawyers - Custody Attorneys - Visitation

Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, (208) 472-2383, divorce, custody, visitation, modification, child support, adoption, termination and all family law matters including probate, elder law, domestic violence and criminal matters effecting the family.

As a Boise Divorce Attorney I frequently get calls from people who have been involved in a divorce and custody proceeding and have had visitation established by a court order.  In connection with this, people often want to know what happens when they cannot exercise their visitation.  They are often afraid that if they skip a visitation because they are out of town, have to work or are ill, incarcerated or deployed in the military that the other parent will refuse visitation or take them to court to get a custody modification.

Divorce and custody tend to be high conflict areas and Boise Divorce Attorneys know this.  The best advice is never to skip a visitation without first notifying the other party.  Hopefully, the two parties are a good working grounds and are able to make adjustments for contingencies that occur.  For example, if your original divorce and custody decree gave you visitation every Thursday and then alternating weekends, and now you have to work every Thursday you would hopefully be able to make arrangements with the other party to give you a different day of the week for that visitation.  Sometimes this isn't possible and you must have a Boise Divorce Attorney modify your original decree.  Even if you and the other party agree, it is important to have the agreement in writing to protect yourself in the future.

For Military Personnel who are deployed, there is the option of delegating their right to visitation via a power of attorney.  This allows them to give their visitation right to whom ever they want while they are deployed.  Now, I say "to whom ever they want" with the caveat that it should be to a person who makes sense to have visitation with the child; grandparents, for example, or their new spouse, particularly if there are step or half siblings with whom continued contact would be important.

If you have a visitation issue and need to speak to a Boise Divorce Attorney or Idaho Family Law Lawyer, please call (208) 472-2383.