I recently had occasion to do some research regarding the legal status of pet cemeteries in Idaho. Unlike in some States, it appears there are no laws specifically regarding the creation or maintenance of pet cemeteries here. The question then arises: what is someone buying if someone buys a plot at a pet cemetery? The answer appears to be that he or she is not buying as much as he or she might think or hope. If someone buys a plot in a pet cemetery, the implications are that, as with a ...
What’s A Qdro?
In divorce proceedings, it sometimes happens that one of the primary assets of the divorcing couple is one person’s pension plan earned through their employment. When splitting such a pension plan, the court will enter a Qualified Domestic Relations Order (or QDRO). A QDRO is a court order that allows someone other than the plan participant (the person who earned the pension) to receive payments under the pension plan. That person is known as an “alternate payee” and can be the ...
What Are CCRS?
In a recent post about dealing with your neighbor when it comes to fences, I mentioned “CCRs” as one possible location for information or rules governing your placement of (and payment for) fencing. One reader inquired regarding what CCRs are — thus this post. CCR is, of course, an abbreviation for Credence Clearwater Revival, an awesome band from the 1970s with hits such as “Proud Mary” and “Who’ll Stop the Rain.” But it also stands for the slightly less enjoyable “Covenants, ...
Dealing With My Neighbor — Fences
Some time ago, I posted about dealing with the neighbors when it comes to trees. This entry will be about another common neighbor issue — fences. Unlike trees, the topic of fences has its very own Title in the Idaho statutes (Title 35). Rightly or wrongly, this puts it on a level with other Titles, such as “Courts and Court Officials,” “Revenue and Taxation,” “Insurance,” and “Crimes and Punishments.” Accordingly, there are a number of specific laws that deal with fences, highlighting ...
Disability Benefits Can Be Taxable Income
I recently was asked to research whether disability benefits from Idaho Department of Health and Welfare (“IDHW”) can be taxed. In certain circumstances, the answer is yes! Apparently this differs from what IDHW has been telling people, which proves the old adage: “Don’t get legal advice from government agencies.” Okay, I guess that’s not an adage, but it should be. The specific situation I looked into is a parent providing in-home care for his or her adult, developmentally delayed ...
Dealing With My Neighbor — Trees
With the recent high winds in Boise and the subsequent falling of many trees and tree limbs, I’ve been looking at the law related to tree ownership and rights of neighbors regarding trees. Ownership: If you own land, and a tree’s trunk is entirely on your land, then you own that tree, too. The key is the trunk — not the canopy or roots. Even if most of the canopy or roots extend off your land, the tree is still yours. Where the tree straddles a boundary line, it becomes the shared ...
Learned Lawyer In The News
I’ve been in trial this past week and I’ll be there for the week to come. We received some attention from the associated press. Apparently this same story (or a similar one) ran on Thursday in papers around the country! http://www.idahostatesman.com/2013/07/17/2658598/trial-over-teens-special-ed-accommodations.html ...
Can My Ex Get Out Of Child Support Through Bankruptcy?
One of my clients, who is owed past-due child support from her former husband, learned that he recently filed bankruptcy. She wondered whether he can discharge the past-due child support through that bankruptcy. The short answer is that he cannot get rid of his past-due support through bankruptcy. Indeed, the only way a person can get rid of past-due child support amounts of which I am aware is if the person to whom the support is owed agrees to forgive the past-due support, and that is ...
FMLA Follow Up
What Is Family Medical Leave Or Fmla Leave?
The Family Medical Leave Act (“FMLA”) is a federal law that requires certain employers to give unpaid leave to employees who are experiencing certain family or medical issues. This post will address some common questions about FMLA and its usage. FMLA applies to all public employers (including state and local governments and schools), but only applies to private employers who employ approximately 50 or more employees. Thus, mom and pop shops aren’t subject to FMLA. The rationale here ...
