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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce for Colorado on
Q: My divorce is final we are selling house he has offered to pay the costs associated with sale how can I binding

So it’s already instructed how money is to be disbursed at closing but he offered to pay these out of his share what can I have signed so it’s legal and he can’t change his mind

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 29, 2022

You and he can prepare a written agreement to modify the prior orders. You can then file that with the court and request the court approve the agreement and make it an order of the court. You should get a lawyer to help you with this.

2 Answers | Asked in Divorce for Colorado on
Q: can a court approved separation agreement signed by my spouse be modified by her

I agreed to pay her for our house using a QDRO, now she want cash instead of having the money go to her retirement account and wants me to pay all the penalties and taxes. She agreed to the QDRO transfer in our agreement. Can she file to change the terms?

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 29, 2022

She can file it. However, usually the court will not change a property division order. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law for Colorado on
Q: Is an Intent to File Parenting Plan Changes signed by both parties and notarized an enforceable temporary order?

My daughter's mother and I have a parenting plan. We mutually agreed outside of court that some of the items needed to be changed such as switching bi-weekly visits from one overnight to two overnights. We drafted an intent to file parenting plan changes and the document is notarized but never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Your agreement can not be enforced as a court order until/unless the court approves it and makes it an order of the court. You should be able to file it on your own.

1 Answer | Asked in Divorce for Colorado on
Q: If there is a rental agreement would property have to be split in a divorce?

I purchased a piece of property before we were married. I know Colorado is a community property state. If I have a rental agreement with my husband would I have to split the appreciation of the property for the 3 years we have been married if we divorce? I pay all of the mortgage and property... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Colorado is NOT a Community property state. Marital property is to be divided "equitably", which means "fairly', not necessarily "equally". The appreciation that occurs during the marriage is marital property. I do not think a rental agreement would make any... Read more »

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 16, 2022

You should file a response in the probate case indicating that you are an heir to the estate. You should get a lawyer to help you with this.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: If i get a divorce and my wife wants half the profit of the house would i have to give her that if i dont want to sell

She has abandoned the property for several months now moved in to her own place

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 7, 2022

Assuming the house was acquired during the time you were married, it is marital property. Marital property is subject to an equitable division-meaning "fair" ,not necessarily "equal". She will get her fair share of the house-probably 1/2. The court may order the house sold... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to provide my address to my ex?I am the primary residential custodian of my children with sole decision making

We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2022

You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally refuse to allow pick up of my child?

Summer schedule started last Thursday after my son got out of school. He spent the first 4 days of summer with me. The parenting plan states, "During the summer break, the parties shall exercise parenting time according to a week on/ week off equal parenting time schedule. Exchanges shall take... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is not clear what the schedule is from your description. It is clear for 2020, but not for 2022. You could ask the court for clarification, but the court would expect you and the other parent to work this out yourselves. It does seem that you need a detailed schedule to avoid future conflicts.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I can't afford to get my son to his father for his custodial visitation time? We live states away

I live in Colorado and have full custody. His father is in California and gets 2 weeks out of the year visitation.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is essential that you comply with the court order re visitation. The order should set forth how the travel expenses should be paid. Perhaps you can ask your son's father to pay if you truly can not.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Do I have to pay child support if I signed away my parental rights in Colorado? How can I find a copy of the document?
John Hyland Barrett III
John Hyland Barrett III
answered on May 10, 2022

I'm not sure what you mean by "signed away my parental rights". If the child has been adopted by another parent, your child support obligation ends as of that date. You can still be responsible for any amount owed before then. You should be able to get a copy of what you signed from the court.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Family law,and out of state custody

How do I go about getting a lawyer in North Carolina, I live in Montrose Colorado,and I'm trying to get my daughter's back from their father wrongfully removed them,and no his mother is trying for custody

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2022

I suggest contacting the bar association in that area and request a listing of local attorneys who do custody work. That should give you a start. Good luck.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If X owes arrears, current order terminated, how does one collect payments when there is no set monthly pymt agreement.

There is no monthly court ordered amount due. Court order only shows full total of arrears due. Can one pay bare minimum of $10 since it's not a court ordered monthly amount to pay and he's still paying? Current order was terminated due to child being adopted.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 29, 2022

The entire amount of arears is now due and owing. You can get a judgment and garnish wages/bank accounts. There is a limit on the wage garnishment percentage depending on whether the ex is supporting another family and how old the arrears are, but you can get around 50%+ of take home income. you... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: I have been married for 29 years. Will my husband be entitled to 1/2 of my retirement if we divorce?

I have worked for my entire marriage but my husband hasn't and has no retirement plan.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 4, 2022

The portion of your pension that you earned during the marriage is marital property. Marital property ,including the pension, is subject to an equitable division. So, yes, he will get 1/2 of the pension, assuming it all was earned during the marriage.

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1 Answer | Asked in Divorce for Colorado on
Q: I'm not sure what this means I'm not the petitioner and what does it mean if anything if he has left home now.

Pending sale, petitioner shall be responsible for all loan payments, insurance, taxes, utilities and maintenance, and petitioner shall be accorded possession of the property pending sale. I don't have a job but he left the home after this was made house is in both of our names. The house never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 11, 2022

I would need to actually read the order to be sure, but it sounds like he was to pay the mortgage etc. until the house sold. You should consult with a lawyer to help you decide how best to proceed. The fact that he left does not change the order.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: How do I request a child investigator? What is the paperwork?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 21, 2022

You have to file a motion requesting the court appoint a Child and Family investigator (CFI). The cost is usually about $2750 to be divided between the parties depending on their respective financial circumstances. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I request a judge to speak to my kids regarding the treatment they are receiving at their fathers house?

We have 50/50 custody, the father lives in Canon City and I live in Fountain. I am planning on moving to Denver before the end of the year. Can I request and be granted full custody due to employment?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 18, 2022

You may request that the judge interview the children. Many/most judges will not do so. Another option is to request a CFI (Child and Family Investigator) who can report on the situation. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Our daughter is 18 and a full time college student

Our daughter just turned 18 Feb, 11. She's a full time college student at a university since Aug 2021. We have a 9 year old son as well. Currently monthly payments are $1232 a month to which he hasn't paid in over a month and he's 23k in arrears. Payments were consistent for 2 years... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2022

In Colorado, child support lasts until age 19. You can get a judgment for the back support plus interest of 12% per annum. However, it may be very difficult to collect the judgment if he is in another country. You should get a lawyer to help you with this.

2 Answers | Asked in Appeals / Appellate Law and Divorce for Colorado on
Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2022

You may be able to file an appeal. There are strict deadlines file an appeal. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

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