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 »
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 »
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 »
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 »
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 »
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?
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.
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 »
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.
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.
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 »
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.
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.
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
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.
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 »
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.
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 »
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.
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.
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.
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 »
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.
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 »
One of her stipulations is that I cosign for her home to buy as part of the divorce. She claims I will not be liable for any payments and we can put that in the separation agreement. She can not afford a mortgage on her own, she is planning on renting out two rooms to make the payment. Is this... Read more »
Then give that money to his mom to buy us a house. Now separated and she sold the house and we are goin through a divorce. Am I entitled to all the money back. Or do I need to split it with my ex husband. Do inheritance laws prevail or are they trumped once I deposited that money into his account
That money has become marital property. It is now subject to an "equitable" distribution. This means a "fair" division, not necessarily an "equal" division. You should get lawyer to help you with this.
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