By Nathan R. Palmer Children who share time between two households often express their opinions and desires regarding which parent’s household would provide them with the best environment for growth and learning. A child’s expressions become more articulate as the child grows older and, at that point, a judge may…
By Heidi Buck Morrison If you are not receiving child support, the first step is getting a child support order in place. This will involve filing a court case to have child support established. In Idaho, child support is calculated based on the Idaho State Child Support Guidelines, a statutory…
By Tippi Jarman Did you know that the Idaho Supreme Court just days ago upheld a magistrate judge’s decision to allow the primary custodial parent (mother) to move with the children from Idaho to Montana? In Reed v. Reed, 2016 Ida. LEXIS 246, (September 9, 2016), the magistrate judge analyzed…
By Nathan R. Palmer The calculation used to determine the amount of child support to be paid by one parent to the other can seem somewhat mysterious. While there are nuances to every factor used in calculating child support, the factors listed below are typically used in every child support…
By Nathan R. Palmer A Qualified Domestic Relations Order (a.k.a “QDRO”) is an order from a court requiring the division of certain qualified retirement plans as a result of divorce. Many Idaho divorces involve the process of dividing community property, which includes monies accumulated in retirement accounts during marriage. Most…
By Heidi Buck Morrison Sometimes divorce is not a mutual decision. Scenario 1: You and your spouse have problems, and while you have discussed the possibility of divorce you are nowhere near the point of wanting to move forward with a divorce. Then, boom, your spouse serves you with a…
By Patrick George Each year more than 1.5 million children in the United States watch their parents go through the struggle of divorce. This raises questions from all the parties including the children such as how will the divorce affect the kids, should I stay in an unhappy marriage for…
By Nathan R. Palmer Continuity and stability are two of the factors Idaho judges must consider when drafting a child custody plan for divorcing parents. The majority of child psychologists and social workers advise parents to establish routines for their children to help create a predictable environment in which children…
By Nathan R. Palmer Most individuals in need of a divorce seek a quick, efficient resolution. Divorce proceedings in southeast Idaho typically last between four and six months, on average. The divorce process entails exchanging information and documentation between the parties, potentially agreeing upon issues, including child custody and spousal…
By Heidi Buck Morrison While Idaho is not considered an “alimony state,” Idaho courts do have discretion to award spousal maintenance if your situation meets certain criteria set forth in Idaho’s spousal maintenance statute. In order for the court to grant spousal maintenance, it must find that the spouse seeking…