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I have been separated with my husband for a year we are not divorced yet. I stayed in the house and he moved out yesterday I found out he wants to sell the house. Can he sell it since it’s not in my name and he bought it before we got married the home is under his name and one of his cousins but... View More 
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answered on Feb 12, 2018
Any increase in value to the home during the marriage is marital in nature and is subject to division by the court in a divorce. He will ultimately be able to sell the house. The way to prevent sale in the immediate is to file for divorce and have him served. Upon service, he is precluded from... View More
I left Florida about 7 months ago to get away from my ex. He is now going on about how I can get into alot of trouble and he can make it to wear the state forces me to move back. He has not done hardly anything for our daughter and I have been taking care of her soley for over half her life. Can I... View More
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answered on Feb 12, 2018
You should really be posting this in the Florida family law section. If Florida's laws are like Colorado's and the situation were reversed, you would not be in trouble. Additionally, presuming Florida's laws are like Colorado's, if he failed to file a custody case within 6... View More
My son 17 yrs old still lives with his mom but has decided to drop out of high school to work full-time to support his girlfriend who lives with them as well.
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answered on Feb 9, 2018
More information is needed to answer your question. If he is self sufficient and on his own that may be a basis to modify the support. If he is working to support his girlfriend but mother is still supporting him, then support would likely continue. Hopefully he goes back to school soon. Child... View More
he makes really good money and was court order to pay and has not what can she do to have his wages garnished ?
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answered on Feb 8, 2018
She needs to file an Income Withholding for Support to garnish his wages. In terms of arrears, she should file a Verified Entry of Support Judgment, with interest calculated, and then garnish on that, too. These things can be technical and she may want to consider hiring an attorney to help.... View More
Should I still be required to pay support if they will not let me see my kids?
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answered on Feb 6, 2018
Unfortunately one has nothing to do with the other in the eyes of the law. A court can order child support whether you have zero days or a thousand days a year with your child. If you disagree with the CLR report and a hearing has not yet occurred you might want to consider consulting with an... View More
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answered on Feb 5, 2018
Yes. They will still need to file papers with the court and follow court procedure. At a minimum, they will likely have to go to an initial status conference. They will also have to go to a final, "uncontested permanent orders" hearing. At that hearing the court will ask them... View More
Per parenting plan, we alternate claiming our child. It is his dad's turn but he owes support from last year. Is there a date by which he has to be current? 12/31/17? Does the amount of arrears make a difference? He owes $150? Can I claim my son since he is behind?
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answered on Feb 5, 2018
There is no specific deadline in statute. If your orders contain no deadline, the general presumption would be that if you file first you file first and have done nothing wrong. There is also no amount. He could be behind $1 or $1,000,000 and would still lose the right to claim the exemption if... View More
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answered on Feb 5, 2018
Way more information is needed to be able to answer your question and I'm not sure what the question is? If you are asking whether she can subpoena items from the ex girlfriend, the answer is "maybe." She cannot pay your ex girlfriend "big bucks" to be a witness. You... View More
We are not married but have a final disposition the end of March. Can she file taxes without the final disposition?
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answered on Feb 5, 2018
Without a court order in place allocating the dependency exemption, if the child resides primarily with her or she had the child the majority of the time for 2017, IRS Code would say she gets to claim the child. If you all shared equal time you could consider filing a forthwith motion with the... View More
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answered on Feb 5, 2018
This is a criminal law question, not a family law question. You should re-post it in the criminal sections.
I am legally still married but my spouse and separate in 2013 . I currently gave birth to a child who is not my spouses. My spouse has provided for my son from day after the biological father when awol . After genetic testing confirmed the biological dad a court hearing is set .
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answered on Feb 2, 2018
More information is needed to answer your question. A child born during a marriage is presumed to be the child of the husband. However, this is a rebuttable presumption and the husband can raise the issue of paternity within 5 years. If the husband is on the birth certificate that can muddy the... View More
I filed a petition and the Judge set the matter for a hearing. But now, the other party has responded, asking the Judge to deny the petition. So, I'm wondering if the Judge will cancel the hearing based on the other party's response. Thanks for your help.
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answered on Feb 2, 2018
If the court has already set the matter for a hearing it could cancel the hearing, after reviewing the response, if the court determines, based on the response, that the petition should be dismissed or denied. The court could also cancel the hearing if, after reviewing the response, it believes... View More
Recieved the car 3 months past the delivery date and it is far from being restored, no new engine and a very very bad paint job. My attorney is not returning my calls. I don’t know what I can do.
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answered on Feb 2, 2018
Your likely legal remedy will be to file a Contempt of Court motion. If your attorney is not responding to you it's time to get another attorney.
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answered on Jan 29, 2018
They might not. You should contact the court right away to let them why you missed and see if they will reschedule. If they dismiss case you will either need to file a new case or file a motion asking to reopen.
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answered on Jan 29, 2018
Children not of the relationship can be factored into the child support calculation in certain instances. More information is needed to assess whether you would be entitled to include your other children. You should look at CRS 14-10-115 and should consider consulting with a child support... View More
Ex-fiance earns more than I do. I was giving 80% of my income to help with bills and home upgrades. There is still a balance on our shared credit card.
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answered on Jan 29, 2018
If you were not married then this is not a question tied into divorce law. Most family law attorneys only deal with property tied into a divorce. Just because you lived together and planned on getting married does not create a common law marriage or give you rights under the divorce statutes.... View More
We have 50/50 parenting time and joint decision making of our two children. Their mother is constantly disregarding my objections to specific medical treatment and does not acknowledge my right to make decisions on our children's behalf, specifically when we disagree. Does this constitute the... View More
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answered on Jan 29, 2018
Her unwillingness to follow court orders regarding joint decision-making could potentially lead to change to sole decision-making. More information is needed for an attorney to properly assess your case and chances. You should consult with a child custody attorney.
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answered on Jan 29, 2018
Support stops at 19, not 18. If it can be proven that child is on his own and self sufficient you may be able to modify or terminate child support. Nothing is automatic and you will need to take action with the court. You should consider seekign the help of a child support attorney.
We have orders in place now. He also has a status conference Monday January 29th. I'm worried for my daughter's safety.
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answered on Jan 29, 2018
More information is needed to answer your question. You need to consult with an attorney as to the specifics of your case, his drug charge, etc. If there are immediate safety concerns tied into the drug charge a motion to restrict parenting time could be filed. If there are no orders for... View More
His paychecks in Texas do get garnished but other than that no contact is over 6 years. I am remarried and my husband has been raising him.
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answered on Jan 29, 2018
The only way to terminate the father's rights in a true termination sense would be through adoption. If your husband is wanting to adopt your child the father's rights would ultimately be terminated through that process. Given the lack of contact you would have grounds for an adoption.
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