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Archives for February 2015

Understanding a Material Breach of Contract in Idaho Falls

In law, a “material breach” occurs where a party fails to uphold the contract in a way that renders the agreement ”irreparably broken” which defeats the purpose of it having been drafted in the first place.

A breach of contract in Idaho Falls must go to the heart of the agreement between the parties before they can go to court seeking damages over the matter.

Who Can Seek to Be Compensated for Loss?

If the breach only goes so far as to include things that can be fixed within a reasonable timeframe or within an acceptable budget (whilst keeping the contract in effect), such breach may not be considered material.  In addition, Idaho law requires that aggrieved party does the reasonable thing to correct or mitigate the damages.  For example,  if a car is lacking hubcaps and the radio is not working, the car dealer who sold the car could easily install the hubcaps and install a new radio with relative ease.

What the Affected Party Stands to Lose

Time plays a critical role in determining whether or not a material breach of contract in Idaho Falls or elsewhere has occurred.  For example, if a homeowner hires a contractor to create an outdoor landscape and declares a breach towards the end of project that could have been declared much earlier, the courts will not be sympathetic to the homeowner and may declare the breach to not be material or waived.   In such cases where the majority of a contracted party’s obligations are met, called “substantial performance”) the less likely a material will have occurred, and the courts tend to agree.

The Law Concerning a Child Support Modification in Idaho

According to the law in Idaho, both parents share legal responsibility for providing support to a child, regardless of who has custody. Additionally each support order is determined with a view towards the most conducive outcome for the child’s quality of life.

However, as circumstances change, for one or both of the parties it may become necessary for you to consider updating the amount of child support ordered. In such instances many parents feel the stress of the situation could be alleviated by hiring the services of a skilled and experienced attorney.

Reasons to Modify a Child Support Order

The obligation for a parent to pay child support ordinarily terminates when a child turns 18 and is no longer attending high school, or turns 19 and remains a current high school student.

A parent may instigate a child support modification in Idaho and change the initial support award if the guidelines affecting the support amount change significantly or in such situations where:

• The circumstances of one parent changes dramatically, such as moving a significant distance increasing transportation costs between parents.
• There has been a change in health care insurance for the minors.
• One parent or both has a substantial pay increase or decrease.
• A parent is not spending the amount of overnights used to calculate the existing child support order.

How to have your child support reviewed.

Idaho Child Support Services may review, at the request of a party the individual circumstances of each parent and the child support order before allowing legal proceedings to take place. Idaho Child Support services is less expensive than using a private attorney, but are limited in when they will review child support and how the modification will be evaluated. The State typically sends out a questionnaire to the other side to provide the information regarding the other party’s income.

Talking to an attorney who understands child support and how to accurate calculate child support can be very beneficial to you. Not all income is included, such as voluntarily overtime. A person’s potential income may be used to calculate child support if that person is voluntarily unemployed or underemployed. Some benefits that a person receives may be included as income. An knowledgeable and experienced attorney will provide you with the direction that you need.

David A. Johnson has been providing quality legal services in East Idaho. As both a private attorney and as a former Bonneville County Prosecuting Attorney, Mr. Johnson has substantial courtroom experience. Mr. Johnson has handled cases all over the State of Idaho. His primary areas of practice are in Bonneville, Bingham, Butte, Jefferson, Madison, Fremont Bannock and Jefferson Counties. In addition, to Idaho Falls, we serve residences in the Blackfoot, Shelley, Firth, Rigby, Rexburg, St. Anthony, Ashton, Ammon, Driggs and Victor, Idaho. [Read more..]