×
Go back to Martindale-Avvo ➔

Idaho Recent Legal Answers from Lawyers

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
208 legal questions have been posted about by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by Seth A. Schoenfeld (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for the household and you are not a signer on the account then this debt will not be discharged. Also, if you are on the account only you will receive the discharge and the creditor can still pursue him.... Read More
You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by Michael Burton McFarland (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You are supposed to include all debts for which you are obligated, including joint, community, co-signed, etc. However, since the process gets a little more involved with a non-filing spouse, you should consider consulting with an experienced bankruptcy attorney before filing.
You are supposed to include all debts for which you are obligated, including joint, community, co-signed, etc. However, since the process gets a... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by Daniel T. Garner (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous installment payment amount for "non-filing spouse debt payments," based on an estimate of his total monthly payments to all such debts. If the trustee wants more details, s/he can always ask for documentation but that has never been requested on any of my cases.... Read More
Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Because Nevada is a community property state, you may include the debts you have with your spouse jointly. However, you cannot discharge debts that are in your spouse's name alone, those would be allowed as a deduction on the Means Test in the section called Marital Adjustment.
Because Nevada is a community property state, you may include the debts you have with your spouse jointly. However, you cannot discharge debts that... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by Giovanni Orantes (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Yes. In fact, in states that follow community property laws like California, you are required to include both spouses' income and expenses.
Yes. In fact, in states that follow community property laws like California, you are required to include both spouses' income and expenses.

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by William Rhymer (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Yes, as to your schedules I&J. But to include them in the Means test calculation to try to pass the means test they must be debts of his that are for him. (ex. his boat payment, his vehicle payments, his credit card payments, etc,) I hope this helps.
Yes, as to your schedules I&J. But to include them in the Means test calculation to try to pass the means test they must be debts of his that are... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by Jeremy B. Shephard (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You have to complete Schedule I (income) & Schedule J (expenses) on a household basis in a bankruptcy petition. You would include your husband's income so you would also include his ongoing expenses in the schedules. Of course, your husband's debts wouldn't be included as he isn't going to be filing.... Read More
You have to complete Schedule I (income) & Schedule J (expenses) on a household basis in a bankruptcy petition. You would include your husband's... Read More

If I include my non-filing husband’s income in the schedule for income, can I also include the debts surrounding joint expenses made for the family?

Answered 11 years and 10 months ago by attorney Marjorie A. Guymon   |   13 Answers   |  Legal Topics: Bankruptcy
Yes. You are required to include all income and all expenses of the community. Remember you must also include all community assets.
Yes. You are required to include all income and all expenses of the community. Remember you must also include all community assets.

Wouldn’t the IRS red flag us for the past 3 years on this 401k plan that was cashed out and do people go to jail for breaking their divorce decree?

Answered 11 years and 10 months ago by Edward L. Armstrong (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
You were supposed to AMEND, not APPEND your tax return. If you and your husband filed a joint return you would be responsible with him for taxes regardless of the divorce decree which does not bind the IRS. If the return is going to be amended you should try to avoid signing the return with an explanation that you don't want to create liability for what should be his tax responsibility. You need to have assistance from a tax attorney.... Read More
You were supposed to AMEND, not APPEND your tax return. If you and your husband filed a joint return you would be responsible with him for taxes... Read More

Is there any way parents can safeguard their students from being misrepresented on referrals?

Answered 11 years and 11 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Personal Injury
The school usually has an appeal system set up. Pursue the appeal.
The school usually has an appeal system set up. Pursue the appeal.

If I just got a notice to vacate from the sheriffs and I started the process for bankruptcy about 2 weeks ago, can bankruptcy buy me more time?

Answered 11 years and 11 months ago by Frances Ann Headley (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Yes, you should notify the court and the sheriff that you filed bankruptcy. That filing automatically stays any state court action unless and until the bankruptcy court removes the automatic stay.
Yes, you should notify the court and the sheriff that you filed bankruptcy. That filing automatically stays any state court action unless and until... Read More

Can a nonprofit organization pay minimum wage through a stipend?

Answered 11 years and 11 months ago by William L. Sanders (Unclaimed Profile)   |   2 Answers
I do not know the answer to this question.
I do not know the answer to this question.

Is it legal or is it breech of customer confidentiality on bank side to talk to my boss about what we have spoken about?

Answered 11 years and 11 months ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Labor and Employment
There are no banker/customer confidential relationships under GA law, so anything may lawfully be repeated/shared.
There are no banker/customer confidential relationships under GA law, so anything may lawfully be repeated/shared.

On Schedule B for Bankruptcy, do I deduct the $731 from value?

Answered 11 years and 11 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
You need the help of a lawyer; you need to list the $731 on Schedule D secured debt.
You need the help of a lawyer; you need to list the $731 on Schedule D secured debt.

Can one file for divorce and child support if its only a common law marriage?

Answered 11 years and 11 months ago by James Timothy Weiner (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Michigan does NOT recognize common law marriages..Michigan will make parents pay child support to unwed parents..so if you have proof she was living with you and you were supporting her she should not get child support.
Michigan does NOT recognize common law marriages..Michigan will make parents pay child support to unwed parents..so if you have proof she was living... Read More

If my child is 5 years old and his father is deceased am I entitled to the SS benefits?

Answered 11 years and 11 months ago by Michael J. Breczinski (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
I think so if he is the legal father, then yes. Get a Social Security lawyer to help you.
I think so if he is the legal father, then yes. Get a Social Security lawyer to help you.

Is the house my wife and I both own falls under community property?

Answered 11 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   7 Answers
You need to have the papers reviewed by an attorney. impossible to answer without papers being reviewed.
You need to have the papers reviewed by an attorney. impossible to answer without papers being reviewed.

Do we have to go back to court to change our support agreement?

Answered 11 years and 11 months ago by attorney Ms. Amanda Bowden Johnson   |   6 Answers   |  Legal Topics: Child Custody
In North Carolina, it is always best to have child support formally modified especially if there is a court order in place but if you prefer you do not have to go back to court you can simply agree between yourselves to modify child support. Especially if you pay him directly instead of going through an agency such as Child Support Enforcement. If you do choose to simply agree yourselves to modify child support you should at least get something in writing that states your agreement or you could get stuck paying back support if he tries to enforce an order at a future date.... Read More
In North Carolina, it is always best to have child support formally modified especially if there is a court order in place but if you prefer you do... Read More

Can a father willingly sign his rights off on your child just because he doesn't want to pay child support?

Answered 11 years and 11 months ago by Ms. Joanna Marie Mitchell (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
In Florida, the answer would be no. Even if he voluntarily chooses to relinquish any rights to see the child or be involved in the child's life, he still has a legal obligation to support the child financially until the child emancipates, which typically means 18 years of age.
In Florida, the answer would be no. Even if he voluntarily chooses to relinquish any rights to see the child or be involved in the child's life, he... Read More

Can a father willingly sign his rights off on your child just because he doesn't want to pay child support?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
He can voluntarily sign off his RIGHTS, but NOT his support OBLIGATION.
He can voluntarily sign off his RIGHTS, but NOT his support OBLIGATION.

Can a father willingly sign his rights off on your child just because he doesn't want to pay child support?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   6 Answers   |  Legal Topics: Child Custody
No, he may not.
No, he may not.

Can a father willingly sign his rights off on your child just because he doesn't want to pay child support?

Answered 11 years and 11 months ago by Daniel Randolph Phillips (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
A parent cannot willingly terminate their parental rights so as to avoid child support.
A parent cannot willingly terminate their parental rights so as to avoid child support.

Can a father willingly sign his rights off on your child just because he doesn't want to pay child support?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
He can try, but unless a court terminates his rights, he will continue to be obligated to pay child support.
He can try, but unless a court terminates his rights, he will continue to be obligated to pay child support.

Can a father willingly sign his rights off on your child just because he doesn't want to pay child support?

Answered 11 years and 11 months ago by John R. Ceci (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
There is no such thing as signing off parental rights in the abstract. Child support continues until a child is adopted or until a court orders no support paid (rare but it happens now and then).
There is no such thing as signing off parental rights in the abstract. Child support continues until a child is adopted or until a court orders no... Read More
Legal Issue
Idaho