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Paula Brown Sinclair

Paula Sinclair’s Answers

8,998 total


  • How illegal is a relationship between a 22 year old male and a 17 year old female?

    I am a 22 year old male who is interested in a sexual relationship with a 17 year old female. I am just wondering the laws of my state and how it reads.

    Paula’s Answer

    This is rape punishable by life in prison. See Idaho Code Section 18-6101 et seq.

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  • Can a credit union close my account and take my money on a auto loan that was discharged in bankruptcy?

    My wife and I file for bankruptcy a few years ago and had a couple of auto loans at a credit union. We chose not to reaffirm the loans but the bank let us keep the cars as long as we kept paying the loan payments. We paid every month on time and ...

    Paula’s Answer

    My colleague is correct. Credit unions very typically cross-collateralize. The answer is in the loan documents.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What can I do about ex-wife asking for property of hers I don't have after 6 years from her moving out?

    My ex wife moved out 6 years ago, signed final decree approx. 4 years ago. Overall the divorce was amicable. We have a minor child and custody is 50/50 legal and physical. We are friendly to each other. She does have a history of not following...

    Paula’s Answer

    As a general rule, a court can only enforce through its contempt powers a clear violation of a clear order. With no itemization of personal property, there is nothing to enforce. And, after so long any effort to modify the decree will be far too late. She can threaten to "take you to court," but her train long ago left the station.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What are my rights in the state of Idaho related to having a lemon air conditioner?

    New air conditioner installed first week of July 2016. Since install four visits from techs and Install manager. Twice charged, once blew breaker, changed compressor. Still not cooling. Have taken pictures of the thermostat at various times.

    Paula’s Answer

    The most expeditious relief may well be through the unit's warranty. Read it to confirm the extent of the warranty, and then contact the seller to insist the warranty be honored. Involving any rights under consumer protection statutes will be a costly and time-consuming misadventure.

    Best wishes for an outcome you can accept, and pleased remember to designate a best answer.

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  • How does adultery affect child custody in Idaho?

    My daughter is having an affair and sleeping at her "friends" house with her 2 children, ages 5 & 3 frequently. I am afraid her husband will file for divorce & try for full custody if he finds out. Could he get full custody because of that?

    Paula’s Answer

    Although what your daughter is doing it far from ideal, the adultery may have less impact than you are imagining. It is the best interests of the child overall that determines child custody orders. The integrity of the parties is just one in a long list of factors the judge must consider. If, however, there is evidence that she exposed the children to adult sexual activity, the results could be different.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can a parent legally transfer their debt to their children before they die?

    My mom has been transferring her debt to me for a while now and I'm only just realizing what's been really going on. Currently she has put me in $6000 debt, and I haven't even had a job before (I just turned 18 this month). My mom is still going t...

    Paula’s Answer

    How exactly your mother has been "transferring her debt" to you is far from clear, but you are correct to be concerned. If your mother accessed credit using your name and SSN, that is a crime called identity theft, and should be reported immediately to law enforcement.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Do I have to report the rental money income from my 2nd home to IRS?

    Hello, I bought a new home in late 2014. I then rent out the first home to 3 other people. I and my family moved to the new home. I collected rent for more than a year and decided to sell it. Do I have to report this extra rental income to IRS? So...

    Paula’s Answer

    Failure to report all income to the IRS is tax fraud, punished by incarceration in a federal penitentiary. While our tax system relies primarily on self-reporting, the IRS enforces accuracy through a complex computerized program of cross-checks and spot-checks called audits.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Are there any attorneys in Canyon County, or Ada County Idaho that handles Veterans Affairs cases.

    I have been unable to find someone to represent me, in my area in trying to resolve issues with the VA.

    Paula’s Answer

    Of course there are local attorneys that handle VA cases. Feel free to use the Avvo "Find a Lawyer" function. This Q&A is not intended for attorney recruitment (or client solicitation either.)

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  • Divorce after 2 years of marriage. Will I pay spousal support?

    My wife and I have had a rough two years of being married. We have thought about divorce before but now we are going for it. We have 1 child (10 months). She hasn't worked one job the whole time being married so she doesn't have experience or an e...

    Paula’s Answer

    Although Idaho statutes authorize the award of spousal support upon divorce, case law from the Idaho Supreme Court has substantially limited the availability of such an award. Typically the award is limited to cases of long-term marriage where one spouse has been fully supported by the other and on divorce is left with no ability to support her/himself. Child support will be ordered in compliance with the Idaho Child Support Guidelines, which take into account the residential custody schedule and the actual and potential incomes of both parents.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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