Blackfoot Divorce Lawyer, Idaho
Includes: Alimony & Spousal Support
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Jared Holyoak Ricks
Criminal, Divorce & Family Law, Estate, Guardianships & Conservatorships
Status: In Good Standing Licensed: 16 Years
Blackfoot, ID 83221
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LEGAL TERMS
QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMSCO)
A court order that provides health benefit coverage for the child of the noncustodial parent under that parent's group health plan.
GUARDIANSHIP
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty... (more...)
A legal relationship created by a court between a guardian and his ward--either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward. This may involve making personal decisions on his or her behalf, managing property or both. Guardianships of incapacitated adults are more typically called conservatorships .
EMANCIPATION
The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order... (more...)
The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the 'Emancipation Proclamation.' After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes entirely self-supporting without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.
ORDER TO SHOW CAUSE
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.
JOINT CUSTODY
An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a... (more...)
An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a say in decisions affecting the child) joint physical custody (in which the child spends a significant amount of time with both parents) or, very rarely, both.
SPOUSAL SUPPORT
See alimony.
DILUTION
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
CASE
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appe... (more...)
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appellate case, a panel of judges. For example, the U.S. Supreme Court's decision legalizing abortion is commonly referred to as the Roe v. Wade case. Finally, the term also describes the evidence a party submits in support of her position -- for example, 'I have made my case' or ''My case-in-chief' has been completed.'
SAMPLE LEGAL CASES
Chavez v. Barrus
... They were divorced on July 3, 2002. Baker & Harris represented Barrus in the divorce
action. The divorce ... A. The divorce decree, which incorporated the Agreement, divested
Chavez of her real property interest in the house. The pivotal ...
Waller v. State, Department of Health and Welfare
... Based upon 2003 DNA test results, it is undisputed that Waller is not the child's biological father.
Waller and Jennifer separated in March 1992, but did not divorce until much later. ... On February
19, 2004, Waller filed for divorce from Jennifer in Canyon County (the divorce case). ...
Allbright v. Allbright
... prior marriage. The parties entered into a stipulation resolving issues in their divorce,
including child custody. That stipulation was attached to the divorce decree, approved
by the court, 473 and incorporated into the decree. The ...
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