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Questions Answered by Stephen J. Plog
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: 5 mo old Son in priv kinship care w patrnl gp's, I'm still getting on feet, father in rehab - can cps impose 1yr deadlin

Gp's live in Akron, I was in Broomfield, case is in Arapahoe cty bc I was abandoned by the father & shopping cart homeless and down south when I went into labor. I've seen my son 1 time since he was born (Oct19). Suspended parenting time bc 2 missed appts, one was bc of the father. He... View More

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answered on Mar 18, 2018

You should already have a lawyer appointed to your case, which you should be entitled to given your financial circumstances. If not, you need to ask the court or hire your own, private attorney. Yes, you need a lawyer.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I enroll my son in play therapy without his mother's consent. We have joint decision parenting allocation. There is

nothing in our papers that say I can't or that differentiates between behavior and medical appointments.

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answered on Mar 18, 2018

With joint decision-making, most courts are going to view you unilaterally enrolling your child in play therapy as violating the orders. Even if the orders don't specifically enumerate things like counseling, counseling is still going to be considered a major decision. Most therapists are... View More

1 Answer | Asked in Criminal Law, Divorce and Civil Litigation for Colorado on
Q: My ex sent me threatening emails and voicemails, attempting to blackmail me by exposing private info. What can i do?

I trusted my ex-boyfriend with info about my ex-husband while we were dating. I broke up with him and he is now threatening to expose that info to my ex-husband in an attempt to incite problems against me. My ex-boyfriend has sent me emails and voicemails with threats, name-calling and profanity.... View More

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answered on Mar 18, 2018

You could call the police and see if they will either ask him to stop or potentially press harassment charges. You could also look into filing for a restraining order to get him to stop contacting you. More information is needed to assess the viability of a restraining order being made permanent... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can the child decide which parent they want to live with?

I am 17 years old and my father and I do not have a healthy relationship. I do not feel safe going to his house, so I have decided I do not want to go back there due to the harsh arguments that occur. Can I live with my mom only legally? Colorado is the location.

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answered on Mar 6, 2018

As the child, you are not bound by the court orders. Your mother may want to seek a modification of the orders with the court, as she is the one who could get into trouble if they are not followed. If she has concerns she should contact a family law attorney.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I've made less that my ex- wife since about 1996.(Probably earlier). I lost my job and was unable to pay for about 3-5 y

My ex- wife has earned around double, if not more than, myself since since 1996 or so. I never tried to get the child support re- adjusted. (I couldn't afford to hire a lawyer, but made more than allowed for assistance.) I also figured my boys were worth it. I fell on some hard times, and... View More

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answered on Mar 6, 2018

The only way to get out of a back child support obligation is if your ex wife agrees to let it go and an agreement (stipulation) is filed with the court reflecting your agreement. Beyond that there is nothing you can do to get out of the debt.

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2 Answers | Asked in Divorce and Military Law for Colorado on
Q: Filed my divorce we had to do a mediation I deployed prior to that, unknown on status who do I contact now to finish?

After filing the divorce both parties submitted documents. We had a scheduled mediation I was unable to attend because I got deployed for 10months, now I’m back and don’t know who I contact or if I have to start all over from the beginning?

Stephen J. Plog
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answered on Mar 6, 2018

You should contact the court/court clerk where the case was originally filed to check the status of things and whether you will need to refile. You could also contact your spouse to assess as well.

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2 Answers | Asked in Family Law for Colorado on
Q: We live in Colorado. My wife and I are planning a European trip in May, alone. We have a 16 year old still at home.

We are planning on leaving him in the care of his 21 year old sister. Do we need to provide her with any type of documentation - for instance to take him to the doctor in case he gets hurt or sick?

Stephen J. Plog
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answered on Mar 6, 2018

There is no set form, rule, or law on this but you should probably put together a quick, temporary power of attorney document indicating she can seek medical care for child, deal with school, etc.

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3 Answers | Asked in Divorce for Colorado on
Q: Where do I file when we live in separate states?

We were married in 2004 and separated in 2011. We lived together in Florida for several years where we had two children. He hasn't had any major contact with either child since 2012. We have agreed to terms of the divorce but don't know how to proceed. He still lives in Florida and... View More

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answered on Mar 6, 2018

Unfortunately, you may need to file in two states. Colorado would have custody jurisdiction over your sons. Florida would have custody jurisdiction over your daughter. If you all are in agreement on divorce terms you can file in either Florida or Colorado. If in Colorado you would need to do... View More

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Will I have to travel to Oregon for a hearing?

I just found out that I'm being named the father resulting from a one-night-stand in Chicago 14 months ago. I'm now located in Denver and the child is in Portland. I'm a full-time student now in a rigorous, short-term software engineering program. I haven't been served yet, but... View More

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answered on Mar 6, 2018

No recourse as to condom. If an Oregon case is filed you need to contact an Oregon attorney. If a Colorado case is filed you need to contact a Colorado attorney. As Oregon does not presumably have personal jurisdiction over you the case should be filed in Colorado. If in Oregon, you may... View More

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2 Answers | Asked in Child Support for Colorado on
Q: My ex husband was ordered to pay child support but I have not received payment would the state withhold the payment
Stephen J. Plog
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answered on Mar 6, 2018

More information is needed to answer your question. Are you asking if the state would withhold payment from you or if they would withhold it from his pay? Is the Child Support Enforcement Unit in your county involved? Without knowing more it's difficult to assess what you are needing.

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2 Answers | Asked in Family Law for Colorado on
Q: Can siblings (boy and girl) under 10 share a bedroom in Colorado.
Stephen J. Plog
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answered on Mar 6, 2018

There is no rule or law saying they can't. In a child custody case, this isn't optimal, but could be necessary as a financial matter. As long as there are no danger issues it may not be an issue. More information would be needed to properly assess your situation.

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1 Answer | Asked in Child Custody for Colorado on
Q: In Colorado does the mother or father have more rights than the other if there isnt legal custody agreement set by court
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answered on Feb 23, 2018

No. Unless there are court orders in place, each parent has absolutely equal rights under the law. That does not mean that one parent can just come take the child from the other because they have equal rights. To get each parent's rights legally established, a custody case will have to... View More

1 Answer | Asked in Divorce for Colorado on
Q: Ok so here’s my problem.. when I met my wife she had a stock Jeep Wrangler.. after 5 years and two kids later ,

I purchased a Durango with four doors for a more family friendly vehicle.. we’ll because it was more feesable for her to drive it due to the fact she dropped the kids off on her way to work , the jeep became the vehicle I drove and it stayed that way till the end of our marriage .. well after... View More

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answered on Feb 19, 2018

Unfortunately, if she had the vehicle it's likely going to be viewed as premarital or separate property. More information is needed to assess whether there is any marital component to the value and the key issue is whether, in light of the changes you made to the vehicle, it has increased in... View More

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: My ex husband has now moved to Hawaii. Is the parenting plan void?

* The current parenting agreement was agreed to while he was living in California and I in Colorado.

* He has since moved to Hawaii , in January 2018

* The only direct flight option costs $1400 one way

* The less expensive flight options have over night layovers with 13-18 + travel times

Stephen J. Plog
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answered on Feb 19, 2018

Presuming your orders are from Colorado, you should consult with a family law attorney to look into this issue. Him moving to Hawaii, presumably by choice, makes the travel costs excessive. If you have orders to split those costs, the court may be willing to provide some relief in terms of making... View More

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2 Answers | Asked in Child Support for Colorado on
Q: My stipulation states that my ex and I are to submit tax returns and W-2s to each other in order to modify child support

This is to occur each year and doesn't require further litigation. I lost my job in 2015 and have been struggling financially ever since even with my new job. Paying child support has been difficult and I can't afford to go back to court. I just recently realized our stipulation has this... View More

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answered on Feb 19, 2018

You cannot just cancel or stop paying child support. That will get you into trouble. You need to file a motion to modify child support. Forms can be obtained online and if you are truly destitute you may be able to get the court to waive the filing fee. An attorney would need to look at... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: husband left son and I in 2011. recently found him. I want a divorce ,child support and alimony.how do I start?

We are in Co. he is in Az. He left us homeless and destitute. We had a home in Castle Rock, co. He was 1/2 owner of pro plumbing there. He got into drugs and other women and flipped out when he was busted. I was not working at the time but I had no idea what he was doing. He hadnt paid taxes or... View More

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answered on Feb 19, 2018

If you are looking to file a case on your own, you can get forms from the Colorado judicial branch website, file them with the court, and have him served in AZ. Colorado still has personal jurisdiction over him for both divorce and financial issues. If you do not want to do it on your own you... View More

1 Answer | Asked in Divorce for Colorado on
Q: I jut had my separation agreement signed but I felt pressure and my ex's paperwork about property were never disclosed

we know he has being kidding cash and more, but after 12 hours I felt everyone wanted to get it done and at the end i know i signed an agreement without the full understanding and needed information to have a fair agreement

I would like to stop it and start again w all the necessary information

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answered on Feb 19, 2018

You should consult with a divorce attorney right away. Failure to disclose property items can be a big deal and there is case law supporting the notion that the duty to provide full financial disclosure cannot be waived. You should email your ex or his attorney right away to let them know you... View More

2 Answers | Asked in Divorce for Colorado on
Q: My maintenance ends in April. Can I pay early and absolve myself of further obligations.

Divorce decree states that I must maintain a $500k life insurance policy as long as I owe maintenance. If I were to die prior to finishing maintenance would my estate be liable for the life insurance?

Stephen J. Plog
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answered on Feb 19, 2018

From a divorce law standpoint, you can certainly prepay your maintenance. You should check with a CPA as to whether prepayment affects your ability to deduct the payment from your income for tax purposes. If you prepay, you could, in theory, end the life insurance policy, though an attorney... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I take me kids on vacation out of the USA w/out a parental consent letter?

I have a 16yr old son & 13yr old daughter. Parenting time is 50/50. Our orders say that if one of us goes on vacation with the children, we are to give other parent all the itinerary. ie flight # & times, hotel info, or any contact info of were we are going. It does not say however we... View More

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answered on Feb 12, 2018

From a family law standpoint, if your orders do not prohibit out of country travel, you would not be violating orders by taking them out of the country for a vacation without her consent. You need to look into who would need a letter of consent, whether the cruise, airlines, or other country. If... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Wondering what type of questions and evidence are permitted in a custody hearing? And what type of questions to ask?

We are preparing for the hearing to finalize our divorce and determine custody and child support. We are both representing ourselves, I'm wondering what type of "evidence" is allowed, like a message from someone who can't appear? Also what type of questions should I be asking... View More

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answered on Feb 12, 2018

You really need to consult with an attorney, as it would take a lot longer than what one could write in a question and answer forum to tell you what you need to do to prepare. In terms of your specific questions:

1. A message from someone who can't appear is hearsay and is not...
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