Wixom Law Office, Inc.
Idaho Falls:
(208) 542-5298
3456 E. 17th St.,
Idaho Falls, Idaho
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Call today for a free phone consultation and to put custody attorney Rocky Wixom to work fighting for you!
Idaho Falls: (208) 542-5298
Pocatello: (208) 478-7001
Twin Falls: (208) 734-5298
rockywix@yahoo.com
Q: What grounds do I need for a divorce in Idaho?
Q: Is it possible to get spousal support in Idaho?
In the State of Idaho it may be possible for you to get an order from the Court requiring your soon to be ex-spouse to pay you a monthly support "alimony" amount to help you get back on your feet. However spousal maintenance is usually disfavored by the Courts meaning you have to have a really good argument to get it. Also, most courts will only allow support on a temporary basis, usually for a period of the first few years after marriage, though it may be possible to get support for longer. The factors a Court will consider are the length of the marriage, the spouses ability to support the themselves, the assets in a marriage, the fault (infidelity or cruelty) of an ex-spouse during a marriage, and so forth. A divorce attorney can review whether or not you may be entitled to spousal maintenance.
Click here to see the Idaho statute governing spousal maintenance!
Q: Who will get custody of my kids if I divorce?
A: The governing rule for custody decisions is always
what is in the best interests of the children. Though courts prefer that parents make those decisions themselves or via a mediator, a court will order custody based what they are shown would be best for your children.
In Idaho, both parents are presumed to be fit unless proven otherwise. If both parents are fit then the law presumes that it is in the best interests of the children for both parents to have joint legal and physical custody of the children.
Click here for Idaho's law on "best interests" of the child!
A: The Idaho Supreme Court publishes pre-determined guidelines for establishing child support. The process involves first establishing how much time the child will spend with each parent (custody), then plugging that custody arrangement into the guidelines formula along with each parent’s income. The guidelines will then generate the amount owed and to whom.
Click here to see the actual Idaho Court Rules/Child Support Guidelines!
Q: Do grandparents have rights in Idaho?
With so many children being cared for by grandma and grandpa these days this is an ever increasingly important question. The answer isn't simple. Technically under Idaho Law if a grandparent has had custody of a grandchild for an appreciable period of time they may have grounds to assert custody rights based on the "best interests" of the child standard. This is so because doing so can help promote continuity and stability for the child.
However, under US Supreme Court rulings and Idaho law a parent's right to parent is a fundamental right. As such, the right to parent often trumps the rights of a grandparent. These situations become very legally sticky and are very fact sensitive. There is serious question as to how valid the Idaho Grandparent rights are.
Click here to read the Idaho statute dealing with Grandparent's rights!
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