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answered on Oct 2, 2017
Generally, transfers of property incident to a divorce are not taxable events under IRS Code. However, transfers need to be done correctly to comply with code, such as a 401K being divided through a QDRO. Divorce documents should be detailed as to all transfers. Splitting equity in home should... View More 
Then I only have to pay for the other two kids
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answered on Sep 29, 2017
More information is needed to answer your question. Are these TX orders or CO orders. In CO, child support runs until 19. If one child drops off the calculation it doesn't automatically change. Rather, you would have to file a motion to modify to get the amount reduced, which should be... View More
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answered on Sep 29, 2017
Not sure what a TPR is? A medical emergency can certainly be a valid basis for a continuance. Ultimately the decision is up to the judge's discretion. If you mean a "TPO," statute indicates that either side should be entitled to one continuance for good cause. A medical... View More
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answered on Sep 27, 2017
Given a one month marriage, the chances are extremely unlikely that you would have to pay her alimony. There could be concerns tied into temporary support while the divorce case is pending, but that really depends on your specific circumstances, income levels, financial entanglements, etc. You... View More
The mother has threatened to move previous times, but this time she actually has done it and even married another man. One of these times was to her native Hong Kong. So at our second primary custody hearing (long separate story) the judge ruled more or less in my favor granting joint custody... View More
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answered on Sep 25, 2017
If you have an attorney you should consult with him or her, as he or she will truly know the specifics of your case and what you need to do. This will include your attorney letting you know the steps you need to take.
During the divorce and child support process, i had informed the court with paystubs that what they wanted to order was too high. They proceeded to just do a quick glance and put it through anyways. My paychecks are around $600 bi-weekly and my child support is $745 a month. My own rent is $1,100 a... View More
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answered on Sep 21, 2017
More information is needed to assess your situation. The presumption is that the court attributed a higher income to you than what you are actually making. You need to consult with an attorney to go over your specific facts and your options.
Our original court order said the he would have them 2 overnights each week, pay $512 in support each month, split all other child expenses, and we would each claim one child as a dependent. He left CO in June 2012 and only returned in late 2016. He is behind $4500 in support. He claims I... View More
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answered on Sep 20, 2017
If the orders say you each get to claim a child you each get to claim a child. However, if he has not paid every penny of child support due and owing for a specific tax year, he loses the right to claim the child for that tax year. You will not be able to seek a change in child support... View More
can the affidavit for decree without appearance of parties form be notarized by a notary in the state where she lives or does it have to be notarized in the state/county which we were wed and i currently live.
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answered on Sep 20, 2017
You can notarize where you are and she can notarize where she is. This shouldn't be an issue at all.
He is able to work more. I am making more only because i work 8-5 m-f, 40+ hours per week. He is a nurse practitioner and I am a nurse so his earning potential is greater. I am working full time because he won't. So in a divorce how does this pan out?
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answered on Sep 20, 2017
Whether dealing with a child support issue under CRS 14-10-115 or an alimony (maintenance) issue under C.R.S. 14-10-115, the court has the ability to "impute" income to a party. This means that the court can assign an income figure to them based on what they should be earning or are... View More
He thinks if he adds them to his insurance he wont have to pay child support anymore. I can't afford to have the kids on a private insurance which is why they have state insurance now. I am worried that the kids will not get the medical care they need if he can't pay for all of it,... View More
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answered on Sep 19, 2017
More information is needed to answer your question. If there are orders saying you cover the kids he doesn't just get to change their insurance. If there are orders saying he has to cover them and he now is, he might be able to seek a modification of child support if adding the cost of... View More
She changed her phone number and moved and we had no way of contacting her so I wasn't able to pick them up every other weekend I'm the middle man. Please help don't know how to prove these things
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answered on Sep 19, 2017
The answer to this question and the analysis of it are way more complicated than can be done in a brief, online question and answer format. An attorney will need to know specific facts as to efforts to get the children, how you know her number was changed, why he waited a year, etc. You should... View More
Cirtificate. My husband ( not the biological father) is on the baby's cirtificate.
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answered on Sep 19, 2017
For biological father to gain any rights he's going to have to file a paternity case and demand genetic testing. If he is, in fact, the biological father, he may very well be able to seek some sort of visitation or rights. Without an order conferring rights on him he has no rights,... View More
The petitioner in my case has an attorney and I sent them three months of bank statements back in April as requested.
They are now requesting this information again as our permanent orders hearing was set out to 9/22.
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answered on Sep 15, 2017
C.R.C.P. Rule 16.2 does require people to update their financial documents. With a hearing coming up that quickly, such a request by the attorney is normal and reasonable. You should certainly ask that they provide the same.
My ex filed for a modification of child support back in February. Finally at the end of the July the courts informed us that they felt a court date would be necessary to resolve the matter. Since then my ex has been sending emails quoting laws, sending Pattern and Non Pattern Requests, and many... View More
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answered on Sep 14, 2017
He does not necessarily have to inform you that he is using an attorney, communicating with an attorney, etc. However, if the attorney is drafting court pleadings for him, the attorney should be putting a certification on those pleadings pursuant to C.R.C.P. Rule 11.
I want my son back and she will not let me come get him:
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answered on Sep 14, 2017
If there are no custody orders in place he (the father) legally, technically has as much right to have the child as you. That being said the mother does not, though she may be caring for the child for him. If there is no custody case you need to get one filed ASAP. If there are orders in place... View More
Father of my children and I are going to trial because he states he is not guilty for failing to complete his court order of the child support, even though he has not paid child support for the last six months. Judge states I have to prove 4 things, that there was a court order, that he knew about... View More
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answered on Sep 12, 2017
Proving there was a court order requires bringing a copy of the court order to your hearing. Proving he knew about the court orders can be shown by showing he made child support payments or, if the order derives from an agreement, showing he signed the agreement. Text messages and emails could... View More
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answered on Sep 11, 2017
More information is needed to answer your question. In any divorce, there are three options tied into a home.
1) The parties agree or the court orders that the house is sold, with the net proceeds being split, which will generally be equally.
2) Husband keeps house and pays wife... View More
My ex filed a modification for child support back in February as my income has increased and stepped down in his current employment lowering his income. He has the ability to do so because he runs a side business that brings in an extra $30k/year and also got married to a woman making 6 figures a... View More
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answered on Sep 11, 2017
Generally court's will require that over or underpayment retroactive to the filing of a motion to modify be paid out over a 24 month period. For example, if the other side overpaid by $1200 between motion and hearing, the court would have him or her reimbursed at $50 per month for 24 months.... View More
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answered on Sep 11, 2017
You can leave and/or go about your business. More information is needed to assess your situation. If they are a couple of minutes late, no big deal. If they are 10 or 15 minutes or more you can leave and require them to come get the child wherever is convenient for you. A court is not going... View More
My ex filed a modification for child support. He emailed me documents requesting pattern and non pattern interrogatories, and pattern and non pattern interrogatories request for documents. He states in the email that he mailed them off but they never arrived and my guess is due that he put my... View More
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answered on Sep 11, 2017
Interrogatories need to be sent out 63 days prior to hearing. If your ex sent them 63 days out or prior then they are valid. In terms of your address, if you can prove you sent him your proper address, whether through email or text or otherwise, then he should have mailed them to that address.... View More
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