Questions Answered by Stephen J. Plog

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

2 Answers | Asked in Family Law for Colorado on
Answered on Jul 19, 2018
Stephen J. Plog's answer
If the parties agree to such a provision in a custody agreement then, yes, it can be written in.

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?

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on May 16, 2018
Stephen J. Plog's answer
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.

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

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Custody for Colorado on
Answered on Apr 26, 2018
Stephen J. Plog's answer
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.

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

2 Answers | Asked in Family Law and Child Support for Colorado on
Answered on Apr 25, 2018
Stephen J. Plog's answer
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.

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

2 Answers | Asked in Family Law for Colorado on
Answered on Apr 25, 2018
Stephen J. Plog's answer
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.

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?

2 Answers | Asked in Family Law for Colorado on
Answered on Apr 23, 2018
Stephen J. Plog's answer
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 contact police to have them do a welfare check at the home. If you have specific safety or environmental concerns you are aware of you need to discuss those with a child custody attorney to assess...

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

2 Answers | Asked in Family Law and Real Estate Law for Colorado on
Answered on Apr 23, 2018
Stephen J. Plog's answer
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. Generally, that would be clothes, toiletries, personal effects, etc.

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

2 Answers | Asked in Divorce for Colorado on
Answered on Apr 19, 2018
Stephen J. Plog's answer
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 orders are modifiable. As such, the court could still conduct a hearing based on her motion, even if the 4/3 order was in effect and this time and not dismissed, and then modify that order.

Q: How to properly fill out divorce petition.

2 Answers | Asked in Divorce for Colorado on
Answered on Apr 19, 2018
Stephen J. Plog's answer
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.

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

2 Answers | Asked in Family Law for Colorado on
Answered on Apr 19, 2018
Stephen J. Plog's answer
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, rights, and options in more detail.

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

1 Answer | Asked in Child Custody for Colorado on
Answered on Apr 17, 2018
Stephen J. Plog's answer
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.

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

1 Answer | Asked in Child Support for Colorado on
Answered on Apr 16, 2018
Stephen J. Plog's answer
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.

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

1 Answer | Asked in Child Custody for Colorado on
Answered on Apr 16, 2018
Stephen J. Plog's answer
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.

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

2 Answers | Asked in Child Custody and Divorce for Colorado on
Answered on Apr 16, 2018
Stephen J. Plog's answer
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 enter financial orders he has to actually be served. Additionally, you might try a private process server.

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

1 Answer | Asked in Divorce for Colorado on
Answered on Apr 13, 2018
Stephen J. Plog's answer
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 is what a court should hold him to. We would all love to work less or have the dream job to spend more time with our kids, whether going through a divorce or not. The financial realities of life...

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

1 Answer | Asked in Child Custody and Domestic Violence for Colorado on
Answered on Apr 13, 2018
Stephen J. Plog's answer
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.

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

1 Answer | Asked in Family Law and Collections for Colorado on
Answered on Apr 13, 2018
Stephen J. Plog's answer
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 specific facts need to be known by and discussed with an attorney before anyone can tell you your options. If you are truly unable to pay right away you may need to prove that down the road.

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

2 Answers | Asked in Family Law for Colorado on
Answered on Apr 13, 2018
Stephen J. Plog's answer
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 issued. You should consult with a child custody attorney.

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

2 Answers | Asked in Family Law for Colorado on
Answered on Apr 10, 2018
Stephen J. Plog's answer
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 an affidavit pursuant to CRS 14-10-132.

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?

2 Answers | Asked in Family Law and Child Support for Colorado on
Answered on Apr 10, 2018
Stephen J. Plog's answer
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 filing quickly. For custody purposes, your son is an adult and there is nothing for you to file in that regard.

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