One of the key steps when an Idaho court determines child support is to determine the “income” of each parent. Defining “income” is not always so straight-forward. A parent’s “income” under the Idaho Child Support Guidelines is defined as the parent’s gross income, with certain adjustments. Gross income is broadly defined to include income from any source. This includes wages, tips, bonuses, trust income, and social security benefits. It also includes education grants, scholarships, and ...
Parental Alienation, Or One Way To Screw Up Your Kids Following Divorce
I’ve been working a lot in the family law arena lately — divorces and child custody cases. Thus, I’ve been thinking a lot about how and why divorces can lead to negative outcomes for kids. One major factor I’ve seen a lot of lately is the issue of parental alienation. Parental alienation is loosely defined to describe when one parent’s behavior interferes with a child’s relationship or attachment to the other parent. At its extreme, parental alienation can cause the child to come to ...
Should We Get Married?
In the wake of the recent Supreme Court decision affirming the right of same-sex couples to marry, it is time to discuss some legal and economic factors a couple might consider (in addition to the religious, societal, and emotional ones) when thinking about whether they should tie the knot: Taxes: Married couples typically get a reduction in taxes. However, if the two would-be spouses have similar incomes, they may incur the dreaded “marriage penalty” and end up paying more in taxes. ...
Marriage By Mail?
We recently received a call inquiring what the alternatives are for getting married in Idaho, if any. Take, for example, two people who live in different states, can’t travel for some reason, but still want to marry. In Idaho (as with most states), before you can get married, you have to apply for a marriage license. (Marrying without a license is a misdemeanor and is punishable by a fine of between $50 and $200.) According to Idaho law, the county recorder must issue a marriage license ...
Community Property Versus Separate Property — What’s Mine Is Mine, Or Maybe It’s Yours, Or Maybe Not…
Idaho is what’s known as a “community property” state — one of 9.5 such states in the United States. (Alaska has an opt-in provision for community property, so it is the 1/2 state.) The rest of the states are “common law” property state. In those states, determining who owns what is generally straight-forward. If there is a written title document for the property (house, car, boat), then whoever is listed on the title owns the property. If there is not title, then whoever owned the money ...
Same Sex Marriage Law Update
Since my last posting regarding estate planning in same-sex marriages a few weeks back, the U.S. Supreme Court has announced it will take up the issue of the legality of same-sex marriage. The Supreme Court reviews only a limited number of cases each year (perhaps 1 or 2%), picking and choosing from the thousands of cases decided on appeal by the Courts of Appeals. A quick civics lesson: if you have a federal lawsuit (like suing under the U.S. Constitution to force a State to recognize ...
Should We Get A Prenup?
I’ve been asked about premarital or prenuptial agreements — what they do and who might need one. A prenuptial or premarital agreement, as the name implies, is an agreement entered into by two people who are planning to get married. Although certainly not the most fun or romantic aspect to planning a marriage, a “prenup” is a topic many couples should discuss. (I prefer the term “premarital agreement,” so that’s what I’ll use for the rest of this post.) A premarital agreement is ...
What’s A Qdro?
In divorce proceedings, it sometimes happens that one of the primary assets of the divorcing couple is one person’s pension plan earned through their employment. When splitting such a pension plan, the court will enter a Qualified Domestic Relations Order (or QDRO). A QDRO is a court order that allows someone other than the plan participant (the person who earned the pension) to receive payments under the pension plan. That person is known as an “alternate payee” and can be the ...
Child Protective Act
In Idaho, cases involving the suspected abuse, neglect, or abandonment of a child (anyone under 18 years of age) fall under the Child Protective (“CP”) Act. Frequently a CP case arises when the police (while investigating a citizen report or while otherwise conducting their duties) happen upon a child who appears to be in immediate risk of physical or emotional harm. Common sources of such harm include violent or abusive people in the home, the presence of illegal drugs, extremely ...
I Want Fifty-Fifty!
In dealing with child custody questions, lots of people say they want “fifty-fifty,” without really knowing what that might mean for them or their children. People usually mean they want to alternate days or weeks in some fashion, figuring that they will split their kids in the same way they divide property. It doesn’t really work like that in Idaho. The standard for a court in determining child custody issues is deceptively simple: the court may order whatever seems “necessary or ...