By Carol Tippi Jarman Did you know that Idaho courts recognize the issuance of a “Qualified Domestic Relations Order (QDRO)” to enforce a prior alimony obligation whether that support obligation was created by a settlement agreement or a court order? In Kesting v. Kesting, 160 Idaho 214, 370 P.3d 729…
By Lane V. Erickson, Attorney There many times as an estate planning attorney clients ask me whether it is a wise decision to name their children as co-owners on their house. Clients want to know how to do this because they believe it would be a good way for them…
By Fred J. Lewis Sometimes the Commissioners decide that they would like to either come to a different conclusion or write a decision in a different way than the Referee has written the decision. The Commissioners then write their own decision which becomes the final order of the Idaho Industrial…
By Heidi Buck Morrison In Idaho, parties to a divorce proceeding have the option to represent themselves pro se. In other words, you may proceed in either filing or responding in a divorce action without retaining an attorney. The courts provide many forms for pro se litigants and for many…
By Joseph G. Ballstaedt The Family and Medical Leave Act (FMLA) allows certain employees unpaid leave for various medical purposes, including caring for a spouse, child, or parent who has a serious health condition. 29 U.S.C. 2612(a)(1)(c). On February 25, 2015, the Department of Labor revised the definition of “spouse”…
By Fred J. Lewis There is no way that the three commissioners can hear all of the Idaho Worker’s Compensation cases that must be decided by the Idaho Industrial Commission. Therefore, they hire lawyers to serve as administrative judges or Referees to hear the individual cases. These Referees travel throughout…
In Idaho, an easement that has been expressly granted in a written document cannot be abandoned or forfeited simply through non-use of the easement. See Kolouch v. Kramer, 120 Idaho 65, 67, 813 P.2d 876, 878 (1991). For written easements, abandonment requires the easement holder to act in a clear,…
By Lane V. Erickson Having spoken to many Estate Planning clients I’ve come to find that there really are 3 main reasons people procrastinate getting their Estate Planning done. Knowing why we procrastinate our Estate Planning can help us avoid any further delay and can help us focus on getting…
By Patrick George Summer is nearly over, fall is in the air, and kids are headed back to school. Here are some ways to take the worry out of whether your children are safe. First, select the right backpack for your child. Children seem to have more and more school…
By Fred J. Lewis The Idaho legislature has provided the structure for how the claims of injured Idaho workers are adjudicated. There are three commissioners appointed by the Governor of the state of Idaho for 6 year terms. First, there is an appointment made by the Governor for a Commissioner…