Skip to main content
Stephen Eugene Blackburn

Stephen Blackburn’s Answers

94 total


  • I want to know if I can sue my employer for making me reimburse them for my medical bills from a car accident?

    I was injured in a car accident in 2009. The car insurance company paid to the limit on the policy. My employer who also provides my health insurance made me reimburse them for my medical bills even though I always paid my insurance premiums. I...

    Stephen’s Answer

    What limit did they pay? Medical payments? Liability? These are two separate coverages in Idaho and may change the analysis depending on which limit was paid. Idaho contract law allows insurers with subrogation interests to claim a lien against the proceeds of a third-party settlement. There are legal doctrines, however, that can reduce the amount you would be required to repay, such as the common fund doctrine. In certain circumstances, you might even secure a waiver of the subrogation interest and not have to repay anything. You should also look to other sources of recovery such as any liability insurance your fiancee may have had, including underinsured motorist coverage.

    Given the nature of insurance contracts and Idaho law, it is unlikely a suit against your employer in this scenario would yield any result and would not likely survive summary judgment.

    Read your insurance contracts, whether automobile, health or life. These documents control questions of coverage when losses occur. Most people have never heard the term "subrogation," but it is a legal right of reimbursement.

    If you have not already settled the case and signed a release, you should consult a lawyer immediately.

    See question 
  • What is the chance of getting a grand larceny charge dropped in the state of idaho if you have no prior criminal record?

    no prior criminal record

    Stephen’s Answer

    Depending on the facts of your case, the prosecutor, and judge involved, you may be able to obtain a withheld judgment. It is unlikely that the prosecution will simply drop the case. Get a lawyer and ask about the withheld judgment option, assuming they have enough evidence to convict you.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only and are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question 
  • How do you turn someone in to the federal government for back child support to get their federal tax return.

    My daughter's sperm donor is worthless and has no rights to see her. I haven't allowed him to see her nor has he tried. However, he still is required to pay child support for her, since he won't give up his rights. So, he left me with a loan in...

    Stephen’s Answer

    I would start with your state agency in charge of collecting child support payments, such as health & welfare or bureau for child support enforcement (whatever the agency is called in your jurisdiction). They can usually help you get the state tax returns of the person obligated for support, and should be able to point you in the right direction to start the process for federal return seizure.

    Disclaimer - no attorney/client relationship is created by this answer, which is provided for informational/educational purposes only. You should consult with a competent attorney in your jurisdiction for legal advice regarding your specific issue.

    See question 
  • I am going to be charged with perjury and fraud to the bank.

    i was staying with a freind of mine and one of her freinds that was hanging around stole my checks from me the checks was writtin to different walmart stores the bank called me to tell me that i was overdrawn at the bank so i went to the bank to ...

    Stephen’s Answer

    Do not talk to anyone else except your lawyer. Cooperating with the investigators at this point is only likely going to make things worse for you. Get a lawyer involved right now.

    Disclaimer - no attorney/client relationship is created by this answer, which is provided for informational/educational purposes only. You should consult with a competent attorney in your jurisdiction for legal advice regarding your specific issue.

    See question 
  • Do I have a right to complain to the ABA?

    My husband and I had started divorce proceedings. After attending mediation we decided that we did not want to get a divorce. My husbands attorney filed stipulation papers for both attorney's to sign, so that the divorce could be thrown out. Mi...

    Stephen’s Answer

    The ABA is not the proper entity to file a complaint. The Idaho State Bar fields complaints about lawyers in the state of Idaho.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only are are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question 
  • Does the crime have to be a felony in order to recieve victim restitution in Idaho?

    A dog was loose under our leash law, entered my garage and viciously killed a pet.

    Stephen’s Answer

    No. Restitution is available under misdemeanors as well.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only are are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question 
  • If my ex husband is not paying his child support should he still get visitation?

    my ex husband got fired from his job over a month ago, so I am not getting child support anymore since it was being garnished from his check. He has not made any effort to find another job or figure out how he's going to pay the 2 months of child...

    Stephen’s Answer

    Yes, ex should still get visitation. Idaho does not allow the custodial parent to interfere with the non-custodial parent/child relationship (at least directly) for failure to pay child support. You can, however, file a contempt motion against him for knowingly failing to obey a court order. He may have some defenses, but you'll probably get your support. His continued failure to pay could land him in jail.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only are are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question 
  • Can you temporarily change a custody agreement?

    My brother's ex-wife was to return his son to him at an appointed time and she did not and keep the son for an additional 48 hours. Only when she was threatened with getting arrested did she give up the boy. This is another incident in a long p...

    Stephen’s Answer

    He will need to file a motion to modify the current custody order. To do this, there must be a substantial and material change in circumstances since entry of the order. He'll want to talk to a family law attorney to determine whether a substantial and material change exists. He might also consider filing a contempt motion against her next time she deviates from the custody order.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only are are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question 
  • At what age may children of divorce choose who to live with?

    My husband and I have joint custody of our two girls, ages 9 and 13. They live with him most of the time. I get them every other weekend for four days and every week for a day and evening. When can the oldest girl decide who she wants to spend ...

    Stephen’s Answer

    No magic age, but here is the controlling statute:

    32-717.Custody of children -- Best interest. (1) In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include:
    (a) The wishes of the child’s parent or parents as to his or her custody;
    (b) The wishes of the child as to his or her custodian;
    (c) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
    (d) The child’s adjustment to his or her home, school, and community;
    (e) The character and circumstances of all individuals involved;
    (f) The need to promote continuity and stability in the life of the child; and
    (g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only are are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question 
  • I have been keept out of my daughters life for 18 months and want to know if i cant give my rights up and stop all harassment

    i have never known her and now have a family of my own, her mom has kept me out and now wants child support because her boyfriend ( 1st babys dady) left her and dont want to pay for her

    Stephen’s Answer

    No, you cannot unilaterally "give up" your rights. If mother consents then your rights can be terminated easy enough, though I would use a lawyer to do so. However, if she sees you as nothing more than a child support payment then don't expect that to happen. Mom will force the issue, and you'll be obligated for the support of the child.

    Disclaimer - the opinions expressed in this answer are for informational/educational purposes only are are not to be relied upon as legal advice. No attorney/client relationship is formed, and you should contact a lawyer in your jurisdiction to get specific legal advice regarding your issues.

    See question