Tuesday, March 29, 2011

Boise Divorce Lawyers - Boise Family Law Attorneys - Boise Custody Lawyer Attorney - Is There a Gender Preference in Custody

Boise Divorce Lawyers, Boise Family Law Attorneys, Custody Lawyer Attorney, (208) 472-2383 or visit www.divorceboiseid.com, divorce, custody, support, modification, visitation, adoption, termination, domestic violence and all family law issues in Idaho.

Boise Divorce Lawyers are regularly asked if there is a gender preference for custody in Idaho.  As a Boise Divorce Attorney who has practiced Family Law in Idaho for nearly 18 years, I have seen the law change over time.  It used to be that there was a strong preference for the mother to be the custodial parent.  There was something known as the tender years doctrine that put forward that children do better in the custody of their mothers because women are more tender and sensitive.

As divorce and custody law has changed so has the automatic presumption that the mother makes the best custodial parent.  More and more Boise Divorce Lawyers and Custody Attorneys see fathers getting custody or at least a larger share of visitation.

While the tender years doctrine has been done away with, the basis for determining custody has shifted to looking at the evidence and weighing the best interest of the child based upon criteria outlined by the Idaho Code.  Stability and continuity are huge factors in the best interest of a child.  Often, men won't even attempt to pursue custody because they think that there is a gender preference for custody and that that preference is for women.

As a Boise Divorce Lawyer I believe that if a man feels that it is in the best interest of his children to seek primary physical custody and he has the facts and the criteria that show that the children best interest would be to be placed in his custody, then he should seek that custody.  If, however, the desire is retaliatory or spiteful and not in the best interest of the child, then he should consider that in his desire.

Maintaining the status quo is also a major consideration for custody disputes.  Boise Divorce Lawyers often get requests from clients to mix up that status quo.  Generally the status quo will be maintained throughout the divorce proceedings and until Boise Divorce Attorneys provide evidence and testimony to show that the child's best interest is served otherwise.

If you are seeking a divorce or have custody issues and need to speak to a Boise Divorce Lawyer, please call (208)472-2383 or visit www.divorceboiseid.com/Divorce or www.lawboiseid.com/Boise-divorce-attorney.  Here you will find helpful information about divorce and custody in Idaho.  You can fill out the quick contact form and one of our Boise Divorce Lawyers will get right back to you.

Monday, March 14, 2011

Boise Divorce Lawyers - Boise Family Law Attorneys - Idaho Custody Attorney - Child Support Lawyer - Stimulus Dollars

Boise Divorce Lawyers - Boise Family Law Attorneys - Divorce, Custody, Child Support, visitation, Modification, Adoption and Termination, call for your free consultation (208) 472-2384 or visit www.divorceboiseid.com

Boise Divorce Lawyers are getting quite a few calls concerning the Obama Stimulus Dollars for first time home owners.  Why are divorce attorneys getting these calls?  Because, if you got the $8,000 credit to buy your first home you have to hold onto that home for three years before you sell it and if you don't you have to pay back the credit.

What happens when you got the credit and now, less than 36 months later you are getting a divorce?  Sadly, you have to pay it back.  Who pays the credit pursuant to divorce and how much?

The law concerning pay back of the credit upon divorce is governed by the IRS.  Here's how it works.

The credit is considered to belong to both of you so you each have to pay back half if the house is sold.  You may not owe the entire amount, or anything for that matter, if the profit of the home is less than the $8,000.  If you only make a $3,000 profit on the sale of your home then you each only owe $1,500.  The amount you owe is paid back as an additional tax on your 1040.  In addition you must file IRS Form 5404.

If you are divorced before the 3 year period but the home is transferred to one spouse as part of the divorce settlement, the credit then becomes the responsibility of the party taking the home.  If they sell the house before the 3 year period has expired they owe the entire amount.  So, for example, if they sell the home and make a $5,000 profit then repayment of that $5,000 is their responsibility.  If they hold onto the home for the remainder of the 3 year period, then there is no repayment required (unless the home was purchased in 2008 and under 2008 law they, or anyone who bought a house is required to begin paying back the credit over a 15 year period beginning in 2011).

Another question divorce lawyers are getting is, what if we get a divorce but the house doesn't sell until after the 3 year period.  The repayment kicks in upon sale of the house, not upon divorce, so nothing would be owing.

Boise Divorce Attorneys know that the IRS is complex and so the laws effecting the tax credit don't stop there.  It is possible that even if a couple who gets a divorce and is forced to sell before the 3 year period is up to avoid repaying the credit at all.  If, within two years, you purchase a new home you may be exempt from paying back the credit.  Again, Boise Divorce Lawyers know it still doesn't stop there.  There are all sorts of other rules and laws effecting the tax credit like condemnation, foreclosure and death - we are after all dealing with the IRS!

If you are seeking a divorce and need to speak to a Boise Divorce Attorney please cal (208) 472-2384.  One of our lawyers will be happy to speak with you.

Thursday, March 10, 2011

Boise Divorce Lawyers - Boise Family Law Lawyers - Idaho Custody Attorneys - Paternity

Boise Divorce Lawyers, Idaho Custody Attorneys, Boise Family Law Lawyers, call (208) 472-2384 or visit www.divorceboiseid.com for your free consultation today.

We all know people who have been subject to paternity tests.  Boise Family Law Lawyers often hear people say that their girlfriend says its their baby but they know they aren't the dad.  Idaho Custody Lawyers often see that same guy after his paternity test has come back positive.  But what happens when the girlfriend tells the guy that he's the dad and he believes her?  What happens when that same guy pays child support for that child?  What happens when that guy finds out that that kid isn't his and that that girl knew it all along?

Boise Family Law Lawyers have a new tool to help that poor guy who has been tricked into believing he was the dad.  The Idaho Legislature has enacted a domestic relations statute that helps the innocent victim of paternity fraud.  If you have found yourself in this situation a Boise Divorce Attorney can file a petition to terminate the child support order and a petition requesting that the mother of the child or the biological father pay you restitution in the amount that you paid for child support for the child who was not yours.  You have two years from the date that you discover that the child is not yours to file the petition.  Your attorney has to show by clear and convincing evidence that you are not the biological father and that the mother willfully and intentionally claimed you were. 

If you need to speak to a Boise Family Law Lawyer, an Idaho Custody Attorney or a Boise Divorce Lawyer, please call (208) 472-2384.