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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 calculation:

Time with the child. The Idaho Child Support Guidelines require the input of the percentage of time each parent spends with the child. The percentage is determined by counting the number of overnight visits the child has with each parent during the year. Generally, parents pay less (or receive more) child support when they spend a higher percentage of time with their child.

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By Rachel Miller

Generally, no. If you are in a car accident, whether minor or severe, you can expect that the insurance company for the other driver will contact you. They will often be polite and professional and may even say that they just want to help you. They will often even ask you to make a recorded statement. It can be tempting to talk to the opposing driver’s insurance – particularly when the other driver was at fault. However, generally speaking, victims of car accidents should not speak to the other driver’s insurance. They should particularly not agree to give a recorded statement. Remember, you are not obligated in any way to speak to the other driver’s insurance or to give a statement.

It is important to remember that the insurance company of the other driver has no obligation to you. Their job is to represent the interests of their insured and their company. They are seeking to minimize the amount of money that they will have to pay for the accident. They do this by asking you questions that will elicit answers showing that (1) you were partially or entirely at fault for the accident; and (2) you did not have injuries or your injuries are only mild. The answers you give will be used against you to evaluate your claim. Your answers will also be used against you at trial if the case proceeds through litigation. Under Idaho law, your answers are not considered hearsay.

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By: T.J. Budge

Title insurance is a standard part of nearly all real estate transactions, yet relatively few buyers understand the purpose and limitations of the policy.

Title insurance policies insure against defects in the title to the property they are buying. The insurance company researches the public real estate records pertaining to the property and identifies the legal owner of the property as well as any problems with the title to the property, such as easements and liens. These problems are called “exceptions” because the title insurance company excludes or “excepts” them from coverage under the policy.

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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 retirement plans will not simply distribute funds from the accounts due to a plan participant’s divorce as retirement plans are subject to strict regulation to ensure fairness and accuracy. As a result, a QDRO is generally the only option available for the division of the majority of retirement accounts.

A QDRO is not automatically issued during the divorce process. Once the court enters an order dividing the parties’ property (or once the parties agree upon a property division), the spouse whose name is not on the qualified plan (a.k.a. the alternate payee) generally requests that the court issue a QDRO. The alternate payee spouse will want to contact the plan administrator to gather as much information as possible prior to seeking a QDRO from the court. The reason being, most qualified plans require specific information to be contained in the QDRO. Many plan administrators will provide you with a sample QDRO for your reference when seeking a QDRO from the court. Regardless, seeking a QDRO can be tedious and frustrating if not properly undertaken.

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By Rachel Miller

Aaah. Fall. Autumn. Changing colors. Crisp air. Back to school. Fall sports – football, soccer, volleyball, cross-country. Is there anything not to love about the fall season? However, with back to school and fall sports often comes the obligatory Assumption of Risk/Release of Liability form that your child brings home to participate in the above school sports (or many other school activities). You may have also have signed them in connection to participate in other activities such as amusement parks, trampoline activities, or even every-day activities like roller and ice skating.

A release of liability form is an agreement between the parties, where the participant waives or releases any future negligence claim he may have against the school, organizer, sponsor, or vendor of the activity or sport. The organizer/sponsor of the activity often names specific risks inherent in the activity, and the participant acknowledges an assumption of those risks, and agrees not to sue the organizer even if the organizer commits negligence. The release also often contains agreements to arbitrate any disputes or to litigate only in the state where the activity took place.

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By Lane V. Erickson, Attorney

Idaho Estate Planning is not a static business. What I mean by this is there are always changes occurring. Because life is full of changes it is important for every person who has an Idaho Estate Plan to review it from time to time to make sure that it still accomplishes what was intended. To assist you in reviewing your Idaho Estate Plan here are 3 questions to ask yourself about your Idaho Estate Plan.

1. Are Your Appointments/Beneficiaries Still Around?

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By Lane V. Erickson, Attorney

Regardless of whether your workforce in Idaho is 20 or 2,000, any organization that has employees will benefit from having well written, accurate job descriptions for its employees. Drafting effective and accurate job descriptions in an Idaho Employment Agreement eliminates unnecessary confusion. It also helps ensure that all duties of the job are assigned efficiently. Most importantly, accurate job descriptions may help protect an Idaho Employer when things go bad.

Why Does Having a Written, Accurate Job Description Matter?

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By Fred J. Lewis

I have been representing individuals involved in Idaho Worker’s Compensation claims for 29 years. Most of these injured workers have had career-ending injuries. They have to completely reinvent themselves. These career-ending injuries always result in losses. Idaho injured workers lose their friends at work. Idaho injured workers lose their sense of identity since Western cultures almost require an individual to define themselves by their job. When someone asks you to introduce yourself, you will often start off by explaining to them where you work and what you do on your job. That is how we define ourselves. To lose this identity is to lose your sense of who you are.

Idaho injured workers dealing with their Idaho worker’s compensation claims often become depressed and find it difficult to reinvent themselves. It then becomes a downward spiral from which they believe there is no escape. Several of my clients have had suicidal thoughts. A significant majority of Idaho injured workers have to end up taking antidepressant drugs. There is no shame in getting help with this situational depression that plagues so many Idaho injured workers.

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By Nathan R. Palmer

Special needs trusts (a.k.a. “Supplemental Needs Trusts”) are important estate planning tools for individuals with loved ones with special needs. A properly drafted special needs trust can help preserve assets, including family assets and assets belonging to a special needs individual, for the entirety of the individual’s lifetime. Special needs trusts are most often utilized by:

  • Parents with special needs children; and
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By Lane V. Erickson, Attorney

I’ve been a real estate and business lawyer for over 17 years. During this time I’ve represented a number of investors who own rental properties or other types of investment real estate. More importantly, about 10 years ago, I purchased my first investment property. Since that time I’ve purchased several more investment properties. Through my experiences of being an attorney representing investors, and by being an investor, myself I’ve learned several things about the importance of having an LLC involved as a part of a real estate investment plan. Here are three reasons why every real estate investor should have an LLC.

1. An LLC Limits Personal Liability

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