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Questions Answered by Tristan Kenyon Schultz
2 Answers | Asked in Tax Law for Colorado on
Q: I inherited a farm for which I have income to report my share of the proceeds from the sale of livestock and coop dist

Do I need to pay self employment tax on this if I don't actually farm the land?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Nov 10, 2017

Talk to a tax professional for the specifics. Ideally, the tax professional should also be your tax preparer because selections on how the income is reported directly impacts the need for a self employment taxes.

As a general rule of thumb, if you actively farm OR in any way receive...
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2 Answers | Asked in Family Law for Colorado on
Q: My daughter’s father has not had any contact with her for a year. Can his rights be terminated?

He is current in his child support it continues to state how he does not what any children in his life and will never follow visitation.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 15, 2017

Based on your facts, it is very unlikely that a contested termination would succeed. You can broach a non-contested termination with the father, but a court may still not accept a non-contested request. Be forewarned a successful termination of rights also ends all child support obligations.... Read more »

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Can my ex-wife ask for backpayment of child support even if I was consistent with the agreement & payment?

Ex-wife says that because of my increased income, she wants back payment of three years of child support. But agreement via mediation only requires a certain amount and nothing more.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 15, 2017

Yes, it is a valid request.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: If there is already a judgement for child support and custody,can I request that we go back to court
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 15, 2017

Yes, there are modification requests. These can change child support payments, custody, and/or any other aspect of a pre-existing court order. A modification can be contested or non-contested. Be forewarned there are black-out periods from when a modification request can be made after a prior final... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired.

My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired and I want to move out. My roommate, however, does not want to move and the leasing company won't accept my 30-day notice unless it's from both of us. I can't force... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 14, 2017

A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.

She has another place to go live and I do not trust her in my home anymore. Can I evict her? How much time do I need to give her before making her leave? Her name is not on the mortgage and there is no written lease agreement.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 13, 2017

The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).

1 Answer | Asked in Small Claims for Colorado on
Q: Can I sue the pet sitter and get my money back?

I hired a guy to pet sit at my house. He was the boyfriend of my friend's daughter. I paid him $600 cash up front with written instructions on how to care for my animals. I deem that a contract. From watching my camera, he would leave at 10:30am in the morning and not come back until... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 13, 2017

You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.

For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: There is no explicit language to the type of pets our renter can have. Our renter got two kittens

Are there any grounds that allow us to revise the lease to include a pet deposit or enforce that the kittens be re homed after the lease has been executed? we do not want cats in our house.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 13, 2017

Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: the mother of the father of my child took my son with the father of my child's permission. I want my son back. How?

I want my son back and she will not let me come get him:

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 12, 2017

If you have a custody agreement, you can seek court enforcement of the existing agreement (assuming it grants you some amount of custody).

If you do not have a custody agreement, then you will need to file for custody. If you are concerns that the child will leave the state, it is...
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1 Answer | Asked in Divorce for Colorado on
Q: If I get divorced in Tx (30day wait period) to remarry, will I be able to marry in Colorado. (0days) immediately after?

I'm finally legalizing my divorce after 4 years of separation and am currently engaged. Our divorce is being finalized in Texas. I currently live in Colorado. With texas state waiting period being 30days to remarry and Colorado waiting period at zero. Which state law would I have to abide by?... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 12, 2017

The state where you reside.

2 Answers | Asked in Divorce for Colorado on
Q: How do I get money from getting ,1/2 the house
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 11, 2017

Where are you in the divorce process (negotiations, post decree, etc.)?

If you have a decree you can seek court enforcement of the decree.

Try resubmitting with a little more information.

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2 Answers | Asked in Child Support and Family Law for Colorado on
Q: How will a Judge require reimbursement of overpaid child support?

My ex filed a modification for child support back in February as my income has increased and stepped down in his current employment lowering his income. He has the ability to do so because he runs a side business that brings in an extra $30k/year and also got married to a woman making 6 figures a... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 11, 2017

First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.

As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay...
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2 Answers | Asked in Child Support and Family Law for Colorado on
Q: Do I need to provide bank statements for a child support case?

My ex filed for a modification for child support back in February. In July the courts deemed a court date necessary to modify child support as he doesnt agree with my calculations and nor do I agree with his. He recently served with pattern and non pattern interrogatories, and pattern and non... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 11, 2017

The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.

If the bank cannot provide complete records make a copy of the banks statement and submit this with the records...
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2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: Can the father of my child file for child support so he can get partial custody?

I have had full custody of my daughterr for 6 months and there is no court order because he has had warrants and and a felon on his background so he does not want to take me to court

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 11, 2017

Yes, a petition for custody by either parent will result in some parenting plan (i.e. visitation) and support obligations being created for the child. Colorado generally favors joint (50-50%) custody and generally does not consider prior criminal history of either parent unless there are health and... Read more »

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3 Answers | Asked in Divorce for Colorado on
Q: Asset listed as "marital property" in prenup, but no longer exists. Will half-value still be owed in divorce?

If an asset is listed in a prenup as to be treated as shared marital property in the event of a divorce, but was lost/stolen/sold at some point during the marriage, will there be any fincial liability in regard to that asset at the time of the divorce? Such as owing half of the value despite that... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 10, 2017

The proceeds from the item would remain property of the marital estate. If there are no proceeds from the item, there is likely nothing to split. That said, some actions may preserve an item even if no longer in existence.

This question is too general to answer because there is a...
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1 Answer | Asked in Family Law for Colorado on
Q: Am I required by law to tell my ex where my new employment is?

I have a parenting plan that states I am to inform him three days in advance of any business change. Does that include the company name and address? I am afraid that he will try to harass my new employer and jeopardize my job.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 10, 2017

You are required to follow the language of the parenting plan. You can interpret any ambiguities in your favor, but realistically a minimum amount of information will have to be disclosed. The disclosure is intended to assist parties to receive a warning for changed income and allow a spouse to... Read more »

1 Answer | Asked in Civil Rights and Divorce for Colorado on
Q: Is there any legal action I can take against my soon to be ex for harassment during the divorce?

In our divorce papers, it clearly states that we are to have no contact between the two of us, including e-mail, texts, phone, etc. However, my ex has been showing up to places she knows I will be, e-mailing me, and trying to contact me on social media. I have not responded or accepted any of these... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 10, 2017

A divorce application does not grant a restraining order against contact. It does prevent parties from leaving the state with children, moving money with approval, etc.

If there is a DV charge (which does grant a no contact order), you can contact the police if you are the victim. If you...
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1 Answer | Asked in Divorce and Landlord - Tenant for Colorado on
Q: We separated for 3 months and during that time I signed a lease on an apt in another state.

He moved in after our 3 month separation, and really wants to work things out. Anytime I try to leave him he threatens suicide, terrifying me into staying. I want him to move out, only my name is on the lease, and utilities in my name only. Can I legally make him move out? We also have a dog that... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 9, 2017

There are various ways to get your ex to leave your apartment. These range from giving 30 days notice to leave to seeking a court order to force him to leave (the latter will require a lawyer). As for the dog, it is chattel (living property) and likely is part of the marital estate and thus can be... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: Can an active child support order be modified requesting the absent parent to help with college tuition? My child is 18.
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

Unless college tuition was part of the existing support order, the answer is almost assuredly no. You can always broach having your ex share the costs, but getting a judge via a modification request to force a payment of college tuition without a prior (or current) agreement has a very low... Read more »

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

So the parent says they will put whoever has sex with their daughter in jail but once the daughter turns 17 which is the legal age of consent in colorado can they still do that?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to...
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