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Colorado Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: Am I violating a non-poach if former coworker approached me?

I am in accounting and last week I left a job with a software company to join a hospitality company. A former coworker I used to supervise had asked when I was leaving where I was going. I told him and nothing else was discussed. When I started at my new company he texted me and said he had applied... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

The answer to this question depends on the specific language used in your non-compete with regard to the solicitation of employees. If your former employer contends that you violated your agreement, you should reach out to a Colorado employment attorney for a consultation and review of your... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Do I have any rights even though I relinquished them?

Unexpected death in immediate family out of state, nobody was willing/able to watch my dog while I was gone for the service. I could not board him on such short notice due to the boarding facility never having boarded my dog before. Explained situation to vet and they found a rescue for my dog to... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 1, 2021

Probably not. A competent animal attorney would need to review the documents you signed and obtain more factual information about the situation to see if you have any valid defense.

Have you tried contacting the rescue? Even if you have to pay to adopt him back you should try because...
Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can I legally throw peanut shells into my neighbor’s yard? He put them there because he feeds the squirrels.
Juliet Piccone
Juliet Piccone answered on Aug 1, 2021

No. That would be littering. However, it is not legal to feed squirrels in Denver.

Sec. 8-72. - Keeping wild or dangerous animals prohibited.

(a) It shall be unlawful for any person to own, possess, keep, maintain, feed, harbor, transport or sell within the city any living wild or...
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1 Answer | Asked in Bankruptcy for Colorado on
Q: How soon after the trustees final report is filed until chapter 7 is closed

The trustees final report was filed, it does show a distribution to creditors, does this mean my case is closed? If not, is there a timeline until it closes for chapter 7?

Timothy Denison
Timothy Denison answered on Jul 31, 2021

Usually 30-60 days.

1 Answer | Asked in Family Law for Colorado on
Q: Currently on 50/50 parenting time. Ex is refusing to take kids to school on her time. What can be done? Emergency order?

50/50 parenting plan signed in late 2020. EX says she cannot take kids to school due to work and gas.

Lost on what to do. Kids cannot be missing school.

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. Will your ex agree to allow you to have care in order to take them to school? Can they take a school bus? The children do need to attend school. Generally an emergency involves abuse or neglect so it would be best to look at options outside of an emergency... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Can I ask the divorce court to terminate maintenance payment if it enables my ex to harass/stalk me at my residence?

Should I ask the court to terminate my maintenance payment to my ex when he is harassing/stalking me at my residence? He also wants my life insurance policy money which I think it is a threat to my safety. I have a few monthly payments left per separation agreement, however I have missed some... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. Non modifiable means non modifiable. As far as harassment or stalking, you can make a report to the police or if you are in fear of imminent danger could petition for a protection order.

1 Answer | Asked in Divorce for Colorado on
Q: If I am not yet divorced, can my spouse work for the town that I am a trustee for?

We are going through a divorce and the town has now rented a property purchased by us, the town to him for one year. This act caused many problems and turned an amicable divorce ugly with children involved.

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. This question is not covered under domestic relations law. It sounds as though your question may relate to conflict of interest employment issues. You may wish to post in employment law.

1 Answer | Asked in Child Support for Colorado on
Q: So if I just found out that the 15 & 6 yr old kids were actually not mine can I get support from the father? Wife left.

My ex cheated with same guy 15 years now she’s gone and doesn’t even call them. She left me to go and be with him. Now I have been told that they are likely not mine as she has been obsessed with this person her entire life. Now im raising the kids alone and they are off living their fantasy.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

In domestic relations court, child support can only go back to the date of filing. You can file for support and a determination of paternity now. If the children were born during a marriage between you and the mother and/or if your name is on the birth certificates, then you are the presumed father.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Help me understand what unless the parties agree otherwise means

What does it mean when the courts say that ? The other parent she’ll have supervised parenting time every weekend for 4 hours. Unless the parties agree otherwise?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 30, 2021

This language means that the parties can come to their own agreement. If they do not agree, then the court order must be followed. So, in this case, there is supervised visitation for 4 hours every weekend, but the parties may agree to some other schedule.

1 Answer | Asked in Bankruptcy for Colorado on
Q: My chapter 7 was discharged in April. The only asset was my tax return which I paid. How long until it will close?

Just wondering if there is any timeline for for the closing.

Timothy Denison
Timothy Denison answered on Jul 27, 2021

3-6 months.

1 Answer | Asked in Criminal Law for Colorado on
Q: I appeared in court on a probation violation hearing, status update scheduled for 8/23, however discharge sentence 8/7

I appeared in front of the judge today on a probation complaint hearing in which the judge moved forward with a status update hearing scheduled for August 23rd. However, My sentence will discharge on August 7th. So not sure what this means. I was not notified today that I will not be discharging on... Read more »

Richard Huttner
Richard Huttner answered on Jul 26, 2021

You should show up to court on August 23, 2021. Since any violation of probation is claimed to have happened prior to your discharge date, you continue to be on probation. You are entitled to be advised regarding how you violated probation. You are presumed innocent and sometimes a modification... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: Can I change a child support order to claim my child every year if I have full custody in colorado

Support order from 2016 says the other parent can claim every other year if child support is paid in full. This hasn't been an issue because child support hasn't been paid in full at any time since then. I just want to modify the order so that I am the only one who claims the child unless... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

Most parents alternate the tax benefits. You can see if the other parent will agree. You can always ask for a modification, however you would have to justify why it would be in the best interests of the child for you to take the tax benefit each year.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can you legally pass over a privately owned driveway owned by 3 different people if 2 of them give you permission?

There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... Read more »

Timothy Canty
Timothy Canty answered on Jul 22, 2021

The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: Considering divorce. Do we need a legal separation agreement? If I leave the house does that have negative legal weight?

Mortgage is in my name because we wouldn’t qualify with his debt to income. Title has both of our names. Looking for a consultation.

John Hyland Barrett III
John Hyland Barrett III answered on Jul 20, 2021

You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Person A got into an argument with Person B. Person B pointed a gun at person A.

Person A then went into their apartment unloaded the clips and threw the guns into a field. How much trouble is person A in?

Sean Maye
Sean Maye answered on Jul 19, 2021

The answer to this question requires A LOT more information. Some of the questions I would need answered are the following: Does person A live with person B or did the person A trespass into person B's home to get the gun and clips? What is the nature of the relationship between person A... Read more »

1 Answer | Asked in Copyright for Colorado on
Q: I bought a domain I found content from 5 1/2 years ago when someone else let it sit dormant. Can I use that content?

The only copyright on the bottom of the old site was for the domain name which I now own.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 16, 2021

It will depend if the content is unique or generic.

You must consult with an attorney

2 Answers | Asked in Bankruptcy for Colorado on
Q: With booming housing market, can I sell my house for over the homestead exemption?

I have gotten my discharge in chapter 7, but I am considering filing for a motion to abandon on my house. I’ve lost my job and need to get something more affordable. I am worried that since the housing market is up, it will be worth

More now than when I filed. If it does, and I get more... Read more »

Timothy Denison
Timothy Denison answered on Jul 16, 2021

If you’ve gotten your discharge and the trustee has abandoned the property, you should be able to do as you wish with the property.

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