Do I need to pay self employment tax on this if I don't actually farm the land?
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... Read more »
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.
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 »
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.
Yes, it is a valid request.
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 »
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 »
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 »
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.
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).
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 »
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.
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.
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 »
I want my son back and she will not let me come get him:
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... Read more »
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 »
The state where you reside.
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.
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 »
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... Read more »
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 »
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... Read more »
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
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 »
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 »
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... Read more »
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.
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 »
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 »
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... Read more »
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 »
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 »
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 »
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?
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... Read more »
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