The mother of my child has been living in Idaho for the past 3 years as per our agreement made in a California Court. Recently there has been a lot of glaring violations on her end with custody, so I filed for a change in the custody order and a c...
Notices of registration are used to create a case in Idaho typically for enforcement purposes. However, if she meets Idaho's residency requirements she could seek to modify the order in Idaho. If you have a pending modification case in California and she files for modification in Idaho, the two courts would have to "meet" to determine which state has ongoing jurisdiction over the child. I would suggest that your discuss this with your California attorney so he/she is prepared for any jurisdiction issues that may arise if the mother files for modification in Idaho.See question
A family member living in a nursing home on Medicaid just passed and I was appointed executor of the estate. I just received a ltr from the state (NJ) inquiring about the value of this person's assets at the time of death. It's less than $1500 cas...
The actual life insurance funds are yours as the named beneficiary and cannot be attached by Medicaid or any other estate creditor. However, New Jersey may count the face value of the insurance policy as an estate asset for estate valuation purposes. The value of a life insurance policy is typically included as part of the estate value even when the actual money is not part of the estate (not subject to pay estate expenses/creditors). Life insurance proceeds and Medicaid can be complicated and it is possible that NJ has specific laws to deal with this issue. I would recommend you consult with a NJ probate lawyer.See question
Idaho - Divorced about 1 year ago - 2 kids (20-year-old in college, 17-year-old at home). Awarded 50/50 custody, with child support based on state formula. About 3 months ago the 17-year-old decides he no longer wants to stay with me 50% of ...
Unless the mother files for a modification of the current custody and support order you do not have to voluntarily stipulate to a higher support amount. If the mother files for a modification, and is able to prove a substantial change in circumstance, then you will likely have a child support adjustment based on the lack of overnights with your son. Child support changes depending on overnights - if you have 25% or less of the overnights you have a standard custody arrangement and higher child support. If you have 26-50% of the overnights you have a shared arrangement with child support decreasing the closer you get to 50%. If she files and your son refuses to spend overnights with you, it is probable that you will have a child support increase. I wouldn't worry about hiring an attorney unless she actually files for an increase in child support. Keep in mind that if she files, you can always stipulate to the higher amount without incurring unnecessary fees if you are in agreement. If you have any other concerns or questions, or are served with a modification, I would seek out an experienced family law attorney in you area.See question
I manage everything. apts, takin classes,
Although the information you provided is limited and unclear, it appears that you are questioning what would happen to your child in the event that you passed away.
In the event a parent passes away, the other parent would be the default parent to receive custody/guardianship of the child. However, if that parent has "issues" and is not fit to be a full time parent, an interested third party can file a guardianship action and seek to be appointed the child's guardian.
Although you cannot prevent the other parent from having default custody/guardianship, in your estate planning documents (i.e. create a will and guardianship nomination) you can specifically name/nominate a successor guardian and also detail why you do not believe the other parent should be the child's guardian. This does not control the outcome of the guardianship, but provides the Court more information regarding the child's best interests if custody/guardianship became an issue between the other parent and the person(s) you appointed as the guardian.
I would advise you to prepare the necessary estate planning documents to protect your child.See question
Last estimate 2009- / 200 judge figure
There is no "average" child support in Idaho. Child support is determined under the Idaho Child Support Guidelines and the major influences on child support are (1) Number of Children; (2) Child Custody Arrangement; (3) Income of both parents; (4) Medical Insurance premiums for the children; and (5) tax exemptions. Without the information above, it is not possible to determine child support.
If you need to perform a child support calculation, a local family law attorney could do this for likely at minimal cost.See question
I recently "won" the court case that I filed. I have sole and physical custody of my son. It became a default since his father didn't respond. (It was in the newspaper for 20 days!!) Now (two months after the case was closed) his father decides to...
His two options to change a default order are: (1) setting aside the default order; or (2) modify the default order.
To set aside a default order, he has to prove that there was fraud, mistake, the judgment is void, etc. Typically it is difficult to set aside a default judgment. However, if he can prove that service was improper then the Court could set aside the judgment.
To modify a default order, he is required to show a substantial and material change in circumstance that justifies modifying the order. The determination of whether or not a substantial and material change in circumstance is left to the discretion of the judge and is analyzed under the best interests of the child standard.
If the father has reopened the case, I strongly encourage you seeking legal assistance to deal with either of these scenarios.See question
and whatever i need to make my case. would i start with the attorney of the estate (LLC) AND ARE THEY GOING TO TELL HER WHAT IVE ASKED FOR ? ALSO DO I TELL THEM EVERYTHING I KNOW OR JUST THE PAPERWORK IS NEEDED
If you are a beneficiary to the will or trust, you have the right to require an accounting of all estate assets either through a trust or a probate proceeding. This may be accomplished through the estate attorney but is typically done by contacting the Personal Representative or Trustee directly. Since it may be necessary to involve the court system, I recommend you obtain an estate/probate attorney in your area that can assist you in making the proper demand and follow through with any required court action.See question
My son filed for custody of his son the mother was served and asked to drop it. Has not been in consistent contact since mid march. He has offered her time with son and she has refused. She contacts wanting to see child meet in open location. Her ...
Your situation sounds complicated and in order to have a change to get your grandson back you need to hire an attorney immediately who is experienced in family law so he/she can assist you with filing the necessary court documentation.See question
no job and no money and no where to go
To answer this question I would need some additional information but a short answer is that if your home is community property (i.e. purchased during marriage) then each of you has equal right to the home and neither of you can force the other out of the home. Once a divorce is filed, a judge could issue an order regarding possession of the house that may require you to vacate the house.See question
My husband & I are separated; he moved out this past week. We do not want to divorce, however, as a result of my husband's "determination" to resolve the tough stuff when emotions are charged; well, we definitely need the geographic separation & t...
Legal Separation's are allowed in Idaho but due to the complexity of the separation agreements I highly recommend obtaining a competent family/divorce law attorney. Separation agreements deal with all issues that a divorce would resolve, including custody and support if you have minor children and the division of property and debt (including each individual's responsibility towards the property or debt). These issues can get complex and your DIY forms typically do not contain the language you need to deal with complex issues.See question