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Questions Answered by Stephen J. Plog

2 Answers | Asked in Family Law for Colorado on

Q: Can it be written into custody agreement that a girlfriend/fiance of the father can have no contact with the child?

Stephen J. Plog answered on Jul 19, 2018

If the parties agree to such a provision in a custody agreement then, yes, it can be written in.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: My son turned 18 yo 3 mo ago. He wants to move in with the noncustodial parent now. Can he w/o coc/lawful repercussions?

Case in Arapahoe County, CO. There is a child support order in place. There is nothing in the order that states further action after the age 18 of minor children.

Stephen J. Plog answered on May 16, 2018

Custody orders end at 18. Child support orders end at 19. Child is free to move in with noncustodial parent. If that happens, child support custodial parent is receiving becomes at risk and noncustodial parent could seek child support modification, including as to receiving support.

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1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Custody for Colorado on

Q: If my ex cohabitation has custody of son but third time found guilt of DV assault goes to jail sign custody to new fema

Ive filed motions to modify already, ive been alienated went 18 days not seeing talking to my son after we were all living daily life together my name wasn't on the lease so I had to leave, he brings a new female in home can abuser sign custody to her? Also do I file a divorce or in civil in... Read more »

Stephen J. Plog answered on Apr 26, 2018

He shouldn't be able to just sign custody over to another person. More information is needed and you should consult with a family law attorney to assess if married, your rights, options, etc. If not married any property issues would be civil.

2 Answers | Asked in Family Law and Child Support for Colorado on

Q: At what age does child support stop when paid to a caregiver, not to a biological parent?

Stephen J. Plog answered on Apr 25, 2018

Child support generally stops at age 19. Whether the caregiver/recipient is the biological parent is irrelevant. If the child is 18 and no longer lives with them or is no longer supported by them, then a motion to modify could be filed.

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2 Answers | Asked in Family Law for Colorado on

Q: In Colorado what is the law about a 9 year old boy and a 4 year old step brother sharing and sleeping in the same bed

Stephen J. Plog answered on Apr 25, 2018

There is no law regarding this issue and courts would hope or presume that parents will use good judgment when dealing with sleeping arrangements. Most courts would not have an issue with this, particularly given the same gender, unless there was a cognizable safety issue.

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2 Answers | Asked in Family Law for Colorado on

Q: My son's mother is moving in with a girlfriend, with our 2-year old son. How can I make sure it's an appropriate home?

I live in New Mexico, my son's mother has lived in Denver for a year with our son. She has a daughter from a previous marriage, aged 16. She is going to be moving in with a coworker and girlfriend. Both me and her daughter's father (also New Mexico) are concerned that this will not be a good home... Read more »

Stephen J. Plog answered on Apr 23, 2018

The first thing that needs to be determined is whether the custody orders are from NM or CO. If NM, you need to post your question for an NM attorney to answer, as the laws differ from state to state. There is not necessarily some legal way to find out of the environment is safe. You could... Read more »

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2 Answers | Asked in Family Law and Real Estate Law for Colorado on

Q: What are reasonable 'personal items' in a separation agreement?

One party (staying party) is keeping the house and it's content, except for the other's (leaving party) personal items. Where would pictures taken, framed and hung by the leaving party party fall? As house content or personal items. The pictures and their frames can be removed from the wall... Read more »

Stephen J. Plog answered on Apr 23, 2018

Pictures would generally be household content not personal items. However, if the person leaving had the pictures before marriage they are theirs. If they were gifted to them during the marriage they are theirs. There is not clear rule saying what is personal items and what is not.... Read more »

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2 Answers | Asked in Divorce for Colorado on

Q: Can I ask a temporary use orders hearing be dismissed in a divorce case?

In divorce court scheduled a temporary orders hearing April 5, 2018. I filed an emergency motion for the use of one of our vehicles. The court moved the hearing to April 3. My wife responded to the motion by sending her response. At the hearing my wife did not show up. I was given what I requested... Read more »

Stephen J. Plog answered on Apr 19, 2018

More information is needed to assess your situation. Technically, the court could undo its default order if it felt she stated a valid basis for not appearing. You could file a motion to dismiss her motion, but the court will not likely rule on it prior to your hearing. Furthermore, temporary... Read more »

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2 Answers | Asked in Divorce for Colorado on

Q: How to properly fill out divorce petition.

I am looking at part 19 which states "I/We ask that the court enters orders regarding the -status of the marriage, -maintenance, - division of property and debts, -restoration of the previous name of the party, or -and any other necessary orders. At this point I do not know what we will agree on so... Read more »

Stephen J. Plog answered on Apr 19, 2018

Presuming you are filing the case on your own, or even if jointly, you should check every box in the petition that relates to anything you may need resolved in the case.

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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Colorado on

Q: My wife was deeded her fathers 50% of her fathers house where her and I lived. can I file marital property on this?

1.5 years in mariage wife’s father deeded his house to my wife and her brother 50/50. He sold them each a 50% share for $1. We lived in the house for 1 year when she filed divorce. She quit claimed deeded the property back to her father for $1 the afternoon of the day I moved out. Can I claim... Read more »

Stephen J. Plog answered on Apr 19, 2018

If the property was never titled in your name and was a gift from her father, which is clearly was, the only thing you might be entitled to would be your share of the increase in value during the year before you moved out. You should consult with a divorce attorney to discuss your situation,... Read more »

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1 Answer | Asked in Child Custody for Colorado on

Q: I need some help with getting custody of my daughter

Stephen J. Plog answered on Apr 17, 2018

You should contact family law attorneys in your area to discuss retainers, rates, etc., as well as to discuss the facts and circumstances of your child custody case.

1 Answer | Asked in Child Support for Colorado on

Q: How Can i close a child support case that has been recently opened but not filed yet

The child support agency won't let me cancel the child support case they say my husband has already been served so I have to complete the process but nothing has been filed yet or taken to court how can I stop this from happening

Stephen J. Plog answered on Apr 16, 2018

If you are receiving any sort of public assistance they may not let you close it. If not, you could ask them to withdraw from the case and file a joint stipulation with the court to dismiss the case.

1 Answer | Asked in Child Custody for Colorado on

Q: In Colorado, Single Dad. Can I share a room with my 7yr old Daughter? I can only afford to rent a bedroom.

Stephen J. Plog answered on Apr 16, 2018

There is no law that says you can't. However, if you are going through a custody case, some courts, experts, or the other side might have an issue with it. If able to sleep out on the couch that might be better.

2 Answers | Asked in Child Custody and Divorce for Colorado on

Q: I filed for divorce and my husband is dodging the servers and says he will refuse to sign paperwork, what will happen?

We have one child and I have always been the primary caregiver, I have had only 2 jobs in our 6 year marriage, and he has had countless because he just quits jobs all the time. He refused to share responsibility of bills and the house and with our child, which is part of the reason why I filed for... Read more »

Stephen J. Plog answered on Apr 16, 2018

He has to be served. Once served you don't need him to sign anything and if he doesn't show up for court you can ultimately get the orders you want without a fight. You can file a motion asking the court to allow you to serve him by publishing notice in a local paper. However, for the court to... Read more »

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1 Answer | Asked in Divorce for Colorado on

Q: My ex husband has always worked away from home. Our entire marriage and the 5 years since we've had our daughter

Suddenly when faced with what CO calculates for maintenance and child support, given he is rarely here, he is now stating he wants to work locally, taking over a $25 dollar an hour pay cut because he "wants to be closer to our daughter." Which is a blatant lie, he's only doing it because he knows... Read more »

Stephen J. Plog answered on Apr 13, 2018

You need to consult with another attorney to go through the facts and circumstances of your case and to get a second opinion. Normally someone doesn't just get to lower their pay to spend more time with their kids, absent special circumstances. If the track record has been him working away that... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Colorado on

Q: My ex was just convicted of DV assult & disturb peace against me, he has full custody court order states my visits does

he still have to allow visits? We were living together off & on we also violating protection order. I did file for full custody & no mediation I didn't know he retained the same attorney for custody case in Jan that he had for criminal. I haven't been able to talk or see my son in over week and... Read more »

Stephen J. Plog answered on Apr 13, 2018

You need to consult with an attorney regarding your situation. The way to change orders would be the filing of a motion to modify parenting time pursuant to CRS 14-10-129.

1 Answer | Asked in Family Law and Collections for Colorado on

Q: I was ordered to pay attorney's fees but cannot pay because I have been on disability

The attorney only asked for $5,000 in attorney's fees in court, and court ordered that I pay attorney's fees under C.R.S 13-17-102 when I have been prose and with harsh assumptions with no facts and disregard to my pleadings to include evidence. I am on disability from work and have no income and... Read more »

Stephen J. Plog answered on Apr 13, 2018

You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on

Q: Can my x leave the state of Colorado with my kids if their is a permanent protection order on mepmop

Stephen J. Plog answered on Apr 13, 2018

More information is needed to answer your question. Are the kids on the protection order? Are there custody orders in place? Has a custody case been filed? If not, one could be filed and if she is served she cannot take the kids out of state until/unless a court order giving her permission is... Read more »

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2 Answers | Asked in Family Law and Civil Litigation for Colorado on

Q: What are ramifications of co-petitioner filing a motion to modify decision-making responsibility without his signature?

Stephen J. Plog answered on Apr 10, 2018

The motion could potentially be dismissed. If you are the co-petitioner and the other side has not yet responded, or perhaps even if they have, you could file an amended motion with signature or a motion to amend the petition. Technically, a motion to modify decision-making should also come with... Read more »

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2 Answers | Asked in Family Law, Child Support and Child Custody for Colorado on

Q: My son is 18 and moved from mom's house to mine. Can I file to term support of do I also file mod of parenting time?

Mom and he agreed it was not good for him to continue living with her but I am still paying child support although paying 100% of his support to live at my house. He has been with me 30 days now and has no intention of moving back with his mom. The online help is unclear as he is now an adult so... Read more »

Stephen J. Plog answered on Apr 10, 2018

Child support runs until age 19. As such, you should either file a motion to terminate or modify child support. If your son is newly 18, you could seek support from the mother. A modification or termination of support should be retroactive to the day a motion is filed, so you should consider... Read more »

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