Family Law

Family Law Attorney - Boise, Idaho

Failure to pay child support can have very serious consequences. Penalties for failure to pay child support could include:

  • Seizure of tax returns
  • Withheld Incoming
  • Suspension of License
  • Negative Impact on Credit Reporting
  • Contempt Rulings - Jail Time

It's crucial that parents that do not have custody of their child seek legal counsel to help them understand child support terms, and set up appropriate and manageable schedules.

Determining child custody can be a strenuous brutal issue to address. Both parents need to present their best arguments for child custody to the judge. In order to provide the best argument, you will need legal counsel that is sharp and assertive for child custody hearings.

The judge has several factors that must be weighed before awarding child custody to a parent. These factors are presented by the spouses themselves, with the aid of their legal representative. The court will consider the factors and choose what is in the best interest of the child. Such factors can include:

  • The relationship within the family and how the child interacts
  • Household history of various criminal activity, including domestic abuse
  • The distance from the child to school, healthcare, and various other resources
  • Military service
  • Disabilities of the spouse or child
  • Employment, residence, and health of the spouse
  • What the child wishes, if of the appropriate age.

Custody options in Idaho are similar to many other states. Typically, one spouse will be designated as the custodian; this is the home the child primary resides in. The other is given visitation rights as dictated by the court. Another type of custody is legal custody. This custody determines which parent has decision-making authority when it comes to affecting the raising of the child.

Two other custody options include physical and joint custody. Joint physical custody, in particular, is very difficult to obtain and because of that is very rare. However, in some cases this is very advantageous for the children involved in the divorce.

One thing to keep in mind. Child custody agreements are not created with potential changes in mind. They are created with their current circumstances. If a change occurs in your child's life, it may render your current child custody agreement irrelevant, or nearly impossible to uphold. If such changes happen, consult with an attorney to file for custody modifications.

In Idaho, grounds for modification depend heavily upon the circumstances of custody. This could include a chance in employment, substance abuse, or the like. Regardless of the changes, your legal counsel can help in adjusting the child custody agreement.

Modification complains require two major factors. The first is changes that are in the child's best interest. These are changes that will better enrich the child's life. The other is new facts. New facts are any fact that didn't exist at the time of the custody agreement's creation, or weren't known at the time of the arrangement's creation.

Having an attorney request custody modifications is vital. Proving the need for a modification in child custody requires a great deal of legal knowledge and skill. In addition, it is the judge who makes the decisions in this case, not the jury.

Divorce and Separation

Divorce is legally ending or dissolution of a legal marriage by order of a court with proper jurisdiction over married persons, usually in the state of residence of the former spouses.

There are two forms of separation, formal and informal. Informal separation is an arrangement where neither party have filed a divorce petition or a petition for legal separation. This form of separation does not make changes to property or child custody.

Form separation requires filing a petition for divorce and having a court order setting forth rights and responsibilities of the parties regarding property and child custody.

Property settlement in a divorce case involves the dividing of what is called community property. Not all property is community property. And solely owned property can become community property. Having legal counsel in this matter will help protect your solely owned property and help divide the community property fairly.

Child custody is the natural and statutory rights and duties of a natural or legal parents of a minor child, regardless of marital status. Circumstances do occur in which the best interests of the child or children, as determined by the court, is subject to court order allocating custody, visitation rights, child support payments, and other legal rights and duties to each parent. There are times when parents attempt to set rules among themselves in discussions or writings. However, it is the court that has final say regarding matters in the best interest of the children in divorce, custody, or legal separation situations.

Child support is a financial obligation of the parents to help provide care for the child or children. The terms of child support vary by state, but usually support is meant to help with obligations regarding medical care, insurance, and daycare costs. The child support amounts vary depending on many factors including income of both parties and time allocation with each parent.

Child Support Modification and Enforcement

Child support payments can only be changed by the court. If the custodial or noncustodial parent experiences a change in circumstances, your legal counsel can provide you with the proper legal procedures needed to modify your child support payments.

Child custody or child support modifications are done only through court order. Any arrangements between a custodial or noncustodial parent will no have no legal effect without the court's order containing any terms agreed upon by the parties.

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