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Questions Answered by Sabra M. Janko
2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is a wedding performed by an officiant in Colorado binding if the marriage license is never submitted to the state?

My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another... Read more »

Sabra M. Janko
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answered on Nov 9, 2022

If you held yourselves out as spouses then you could be considered to be common law married in which case you would need a state proceeding to dissolve the marriage.

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... Read more »

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answered on Nov 7, 2022

The funds would be considered marital property, however the reality is that when parties separate they often have to use bank account funds for living expenses, so such funds can fluctuate.

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1 Answer | Asked in Divorce for Colorado on
Q: would this equity be considered, and if so how would it be figured? part 2 of previous question

originally my husband quick claimed it to his mom about a year after he bought it in 2002. She kept the house until 2022 when she quick claimed it back to him for 10 dollars? We married in 2014.

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answered on Nov 2, 2022

It depends on whether it was a gift to him or the marriage.

1 Answer | Asked in Child Support for Colorado on
Q: How can Texas put a lien on me about child Support when my court order is from Colorado I been incarcerated in Colorado

My court order is in Colorado and I also have documents showing the child has been in Colorado with me going to school for four years and I also had to take her for medical and she was enrolled in school out here in Colorado when I reported it she took child back to Texas without withdrawing her... Read more »

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answered on Nov 2, 2022

It sounds like she transferred the case to Texas if it is through Child Support Enforcement and Texas is now handling enforcement.

1 Answer | Asked in Family Law for Colorado on
Q: I am will be moving out of state and need to see either a mediator or a judge for my parenting agreement.

I just need to know what forms to fill out to send in to get it on the docket for a judge to hear. I am hoping that my son will come with me but his father wants someone else to decide if he can come with me.

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answered on Oct 31, 2022

You will have to have consent or a court order and will have to file a motion to relocate. The Court has to consider several legal factors with a relocation so you will not find a standard form to complete.

1 Answer | Asked in Child Custody for Colorado on
Q: Can I get a notarized temporary custody paper of an unborn baby the minute it is born it goes in to effect
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answered on Oct 31, 2022

All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... Read more »

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answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I want to move me and my child to a home my grampa gave me free of charge in nevada. husband refuses to move. can we go?

He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No... Read more »

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answered on Oct 31, 2022

It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do I have a paternity mediation out of state and just found out,I'm a victim of domestic abuse while pregnant

I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it

Please help i.am afraid of... Read more »

Sabra M. Janko
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answered on Oct 31, 2022

I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Can I stop child support payments if I'm overpaid?

I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... Read more »

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answered on Oct 27, 2022

It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... Read more »

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I paid child support with my monthly agreement made them all on time and still they suspended my license ?

Have a monthly agreement to pay a certain amount every month I have kept to my agreement but this is the 3rd time now they have suspended my license forcing my husband that has no obligation to my child support to pay for my reinstated again. Now he won't pay it cuz it just keeps getting... Read more »

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answered on Oct 25, 2022

personallyIt sounds like there may be some agreement that might contradict a court order. You have to pay the court ordered amount. If you have a substantial and continuing change of circumstances, then you can move to modify the child support ongoing amount. You just have to show your proof of... Read more »

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I just need to know which papers to fill out for a divorce or legal separation

We own a home and have a minor child together

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answered on Oct 25, 2022

You fill out a petition, summons and case information sheet to start and the clerk can assist you with the summons. You then file and have those documents personally served on the other party.

1 Answer | Asked in Contracts, Family Law, Military Law and Small Claims on
Q: Can I make a contract with my girlfriend (not wife, not soon-to-be wife) that states will pay her money if I cheat?

We will not be getting married soon. I have heard about prenuptial. Is there a girlfriend equivalent to that?

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answered on Oct 25, 2022

Any two parties are free to contract with each other for any activity that is not illegal.

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: can he re-nig on the letter he wrote and signed that i recorded him writing and signing

My husband and i are married and live together with our two year old. there is so much toxicity and i want to move our two year old out to nevada and not share custody. He has little to no bond with her . he is obsessed with his phone .. OBSESSED. the apartment is roach infested and has huge cracks... Read more »

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answered on Oct 22, 2022

You could attempt to use the letter to justify a move, however he may claim duress. It sounds like he may have written the letter in an emotional moment. Also, not knowing what he has to say about the situation precludes any kind of assessment of the strength of your position.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My child is now 31 years old. can I sue his father for arrearages that were owed in a child support case from 2006?

In 2006 they closed my child support case because both parents moved out of the state of Oregon even though my son was not of age. Colorado which is where I live now refuse to open a new case. I believe it was $4000 to $5,000 owed in arrearages. Now support enforcement is telling me I can reopen... Read more »

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answered on Oct 21, 2022

If he owes arrears then you can collect it.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I'm in arrears on my child support obligation and my child is almost 30 years old. I want to take it off the registry sh

She won't. Is there any way I can have that changed I do a lot for her that doesn't come off the registry and it is hard on me. How do I get any credit for anything I do for her ?

Sabra M. Janko
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answered on Oct 21, 2022

There are no legal grounds to cancel the support. Nor are there legal grounds to substitute the value of things that you do other than paying child support for the support arrears.

1 Answer | Asked in Divorce for Colorado on
Q: is a divorce valid with intestate property? I cannot find copy of my divorce Anywhere and suspect it was never filed.

My name is on the deed and mortgage papers; the home is in Hawaii. I thought we had a divorce but I nor the Public representative cannot find the divorce decree or certificate. If the divorce papers cannot be found, is the divorce still valid?

Sabra M. Janko
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answered on Oct 19, 2022

It sounds like you are looking for a will - not a dissolution decree. If there is a dissolution decree, it will be filed with the court that issued it as an official record.

1 Answer | Asked in Divorce for Colorado on
Q: If a property was quick deeded to my husband from his mom for 10 dollars at the end of 2021 and we file for divorce

this year, how is that property considered? Would the equity in the home at the time of quick sale become marital property?

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answered on Oct 5, 2022

It depends on whether it was an inheritance or a gift to him or the marriage. Only if it was a gift to the marriage would it be considered marital property.

1 Answer | Asked in Divorce for Colorado on
Q: I want a divorce My husband is verbally abusive and I am scared. He is an alcoholic and a narisissits and controls us.

I don't have control over the vehicle He watches where I go and wants to come with me He listens to my phone calls and he controls all the money

I want him gone I want the kids and the house How do I file with a restraining order with him leaving. How do I pay a lawyer when I... Read more »

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answered on Oct 5, 2022

If your income is low enough, Colorado Legal Services may be able to assist. Also most people who file for a protection order in county court are unrepresented. You can look at the Colorado Judicial Branch website for fill in the blank forms.

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