Erin Nicole Fuller

Erin Fuller

While our legal ethics obviously prevent us from discussing details of our communications with a client, in a response to a review, it's well to remember that the facts and circumstances of an individual case can dictate how a client perceives the handling of a case. Further, contrary to representations, trials are an inherent and necessary aspect of family law and our attorneys don=t shy away from taking matters to trial when necessary. Our general practice is to also advise clients of the risk/reward dynamic associated with taking a matter to trial. And, unless a client stipulates to the entry of a judgment, cases end up at trial. Meaning, if the matter being reviewed did not go to trial, this client agreed to the stipulated terms of the judgment and made the choice to resolve this matter based on her agreement instead of going to trial. It also appears as if there is some confusion on the part of this reviewer as to how child support works in Idaho. In short, child support is a mathematical calculation that contemplates the parties= income, percentage of overnights, and other adjustments/offsets. Further, Idaho Law requires judges to follow the child support gridlines unless there is good cause to deviate from the guidelines. Child support is not punitive in nature, nor an alternative means of a party receiving funds to maintain their past standard of living. While our firm in sympathetic to our client=s perspectives regarding this issue, our ethical duties also require us to abide by the law. Any grievances regarding the monetary sum received for child support needs to be addressed with the committee that sets and adjusts the child support guidelines. Our firm hopes this response will provide perspective to individuals that see this review who are lacking legal or factual context based on our ethical requirements. We also feel our firm=s other reviews may provide better insights into our services and abilities, and may more accurately reflect our strong history of effective representation in family law matters. -Leavitt Ryan, PLLC