Get free answers to your legal questions from lawyers in your area.
My ex filed for a modification for child support back in February. In July the courts deemed a court date necessary to modify child support as he doesnt agree with my calculations and nor do I agree with his. He recently served with pattern and non pattern interrogatories, and pattern and non... View More
answered on Sep 11, 2017
Presuming his interrogatories were properly served, then, yes, he can ask for 3 years of bank statements. This is one of the "pattern" requests. The pattern requests are requests the state has already determined to be relevant and proper and they are, thus, already in the state... View More
I have had full custody of my daughterr for 6 months and there is no court order because he has had warrants and and a felon on his background so he does not want to take me to court
answered on Sep 11, 2017
The father can file a case for custody (parental responsibilities). Child support could certainly be part of that case. Given that the child lives with you, he would be foolish to file a case for child support and he would not get child support. Him filing a child support case has nothing to... View More
If an asset is listed in a prenup as to be treated as shared marital property in the event of a divorce, but was lost/stolen/sold at some point during the marriage, will there be any fincial liability in regard to that asset at the time of the divorce? Such as owing half of the value despite that... View More
answered on Sep 11, 2017
A lot more information is needed to answer this question. If the prenup made something non-marital marital then the question becomes how was that property disposed of, when was it disposed of, what were the circumstances and reasons behind it, etc.. If one party just gets rid of property in... View More
answered on Sep 11, 2017
No. Starting July 1, 1997, courts were no longer allowed to order a parent to pay for college costs unless the parties had previously agreed to such in writing adopted by the court. In your situation, the absent parent's only responsibility is to pay the child support until age 19.
answered on Sep 8, 2017
Parental rights can only be terminated through proper legal proceedings, such as adoption or a DHS case. If you are referring to parenting time, which is completely different from "parental rights," then the answer is that someone can seek to modify parenting time while the other parent... View More
I am a non-custodial parent and in a temp order awaiting a therapist report before the judge makes a decision on DM and parenting time. I have all documentation surrounding my ex committing perjury on the stand and further alienation of my kids. My kids are severely alienated and I need the court... View More
answered on Sep 8, 2017
There is no set motion to file. The time/place/way that lies are exposed is going to be at your court hearing. That is when the judge will make a determination on all issues and assess all evidence. You really should consult with an attorney, as there are specific rules of procedure,... View More
My daughters mother has a lawyer and I do not have a lawyer so I feel her lawyer is definitely taking advantage of me due to my lack of knowledge on this matter, I believe I was supposed to have given her a copy of my evidence for child support court case in a certain time frame, and I'm... View More
answered on Sep 6, 2017
You would first need to ask the other attorney whether they agree to a continuance. If they do, a joint or unopposed motion for a continuance would need to be drafted and filed. If the attorney does not agree, you would need to file a motion for a continuance on your own, setting forth the... View More
Which boxes should we check if we don't want to have the court make these decisions for us but are willing to discuss and make them on our own?
answered on Sep 5, 2017
Presuming the JDF 1101 is a "parenting plan" form, you would check the boxes indicating you both have decision making on major issues. Attorneys don't generally use these forms, but there should be a box to check for joint decision making on the major issues, as well as a line to... View More
Working now her mother cut off support case last yr or 2 ago, now bcuz of laws I got all kinds of suspended license on drive record spent time in jail spent lot of money on bonds did time in jail for child support what can I do bout gettin money back for child support paid and money back for... View More
answered on Sep 5, 2017
From a family law perspective, the time to do something has long passed in terms of challenging paternity. You could potentially try to find a civil attorney to see if there is some sort of fraud claim you could bring against her, but the chances are highly unlikely. A paternity test should... View More
He has another female IN my son's life telling him that she's his mom he took my son IN November and has only let me see him when he feels like it he says I have to talk to her in order to see my son
answered on Sep 5, 2017
You need to file a custody case to get orders in place regarding custody and visitation. If there are already orders in place and he's violating them you need to file a motion with the court to enforce those orders. If there are orders in place but they are vague, you may also need to seek... View More
answered on Sep 5, 2017
If it is a case you are involved in you should call the courthouse where the case rests. If you are a party to the case, the clerk may give you the case number. If not, they will not. Some places do require people to come to the court, in person, to show ID before they give them any information... View More
I gave permission for ex to move to San Antonio after divorce. Parenting plan was set for him to be with her during school, I'd get every summer and every other Christmas vaca and birthdays. Joint decision making. Paying $500/per month child support. Custody set in CO. If I move to San... View More
answered on Sep 5, 2017
If you move to TX, Colorado could lose jurisdiction over the visitation issue, under the Uniform Child Custody Jurisdiction and Enforcement Act, as no parent or child would continue to reside in CO. If you file to modify here, the court could, on it's own, indicate the case should transfer to... View More
We are technically married. Separated for 8.5 years. I have a 4 yr old outside the marriage and he has a 6 month old outside the marriage. Daughter is 10 and has always lived with me and she visits Dad whenever. It's never been consistent. Never paid child support. She tried to stay with him... View More
answered on Sep 5, 2017
If there are no court orders in place you do not have to send her to her father.
I was told by my 32 year old son that he was told "Don't let your father find out". So naturally I want to know whatever it is I need to know.
answered on Aug 31, 2017
Her filing for bankruptcy should have no impact on the arrears that you owe and I'm guessing she just wants to keep her financial issues private. These should be completely separate legal matters.
My ex is refusing to work with me at all when it comes to getting parenting time established. She will not do mediation. What do I need to do now?
answered on Aug 30, 2017
If the court ordered mediation after the initial status conference and the other party is not cooperating, you should file a Status Report with the court indicating she is not cooperating with setting mediation and ask the court to weigh in. Keep in mind, if the parties cannot agree on a... View More
I'm a father that is petitioner of permanent orders custody and has a lot of evidence with pictures on ex wife and her boyfriend being with drugs and alcohol around the kids. One of his kids that is 16 has a weed pipe, wrappers and a box full of stuff in it just laying around the sharing room... View More
answered on Aug 29, 2017
If there are orders in place regarding child support that she is disregarding, you have various remedies available, including garnishment, entry of a support judgment, contempt of court, and more. As ties into the parenting time, realistically, you need to consult with an attorney to assess your... View More
My ex husband and I have a very high conflict relationship and I am in need of an affordable PCDM. However I cannot find a list of who can provide these services. I'm told the Office of Dispute Resolution does not provide this service.
answered on Aug 28, 2017
You should do an internet search for "parenting coordinator decision maker Larimer County" and see what pops up. You should then call around and see who seems affordable, if any. ODR does not provide PC/DM services. I am presuming you have an order saying there needs to be a PC/DM,... View More
What steps should the father take if his intention is to be present in the childs life.
answered on Aug 28, 2017
The father can technically file a paternity case of an unborn child and have the mother served before the child is born. If mother has the child in CO, then the case will proceed, once the child is born, with paternity establishment, custody, child support, etc. Keep in mind that if the mother... View More
I was never married to my ex, we just have a child together that I am trying to get custody of.
answered on Aug 28, 2017
Courts generally require sworn financial statements in all custody or divorce cases. If there is a child support case already in place, you could inform the court of that and see if they will let you forego doing the financial disclosures normally required.
I employed a man to do some work on my home. He was bragging about how he just worked odd jobs for cash and otherwise avoided child support until his kids were 18. He claims he is in the clear now because the kids are grown up. This makes me sick! Is he right? It just doesn't seem right... View More
answered on Aug 28, 2017
More information is needed to answer your question. If there were support orders and he didn't pay all the support he was supposed to, he is not in the clear. If there were no support orders and the kids have turned 19, he is in the clear. If there were support orders and the mother never... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.