Frequently Asked Questions

Here are some of the questions we are most frequently asked in our practice in Boise, Idaho:

• How does the court make decisions about dividing property in a community property state?
• What documents should I bring to my lawyer’s office if I am getting divorced ?
• How does a court decide which parent will pay child support?
• How does a court decide which parent will get custody of a child?
• What are the duties of the executor of the estate?
• Do I need a will?
• What should I bring to my lawyer if I have been accused of a crime?

How does the court make decisions about dividing property in a community property state such as Idaho?
The court takes many factors into consideration including:

• Length of the marriage
• Age, health, occupation, amount and source of income, skills, employment opportunities, and liabilities of each spouse
• Needs of each spouse
• Current and future earning capacity of each spouse
• Retirement and pension benefits available to each party
• Pre-nuptial agreements made prior to the marriage

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What documents should I bring to my lawyer’s office if I am getting divorced ?
Your attorney will need copies of all financial records including tax returns, pay stubs, bank statements, investment statements, mortgage information, property title, pension and retirement plan statements, and any other relevant documents .

How does a court decide which parent will pay child support?
In Idaho, a court may decide that either or both parents must pay for child support and education until the child is 18 years old.  The court looks at all relevant factors including:

• Financial situation of each parent
• Which parent has custody of the child
• Standard of living the child enjoyed during the marriage
• Educational needs of the child
• Medical needs of the child and insurance  coverage available
• Tax benefit recognized by the parent claiming the federal child dependency exemption
• Financial resources available to the child

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How does a court decide which parent will get custody of a child?
The court always looks at what is in the best interests of the child.  The court will examine:

• The child’s relationship with each parent
• Environment in each home
• How far the parents live from each other
• Location of extended family
• Whether the spouse has remarried
• Availability of child care

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 What are the duties of the executor of an estate?
The executor or personal representative follows Idaho state law in distributing the estate of the decedent.  The executor gives notice of the death to the appropriate parties, collects the decedent’s property, pays appropriate claims and debt of the decedent, and distributes the remaining property.  The executor may have to sell the decedent’s property to pay debts or make distributions.

Do I need a will?
A will ensures that your property will be distributed according to your wishes.  If you don’t have a will, the state will distribute your property by statute, usually to your relatives.  A will also takes care of your minor children and their property if you name a guardian. The distribution of an estate is likely to be much smoother because an executor is named to take care of all the dispositions.

What should I bring to my lawyer if I have been accused of a crime?
Bring anything that is relevant to your case such as a police report if you have one, documents you received from court showing exactly what you were charged with and when your next court appearance date is scheduled, and documents left by the police if they searched your property.  Bring all paperwork relating to the payment of bail.