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1 Answer | Asked in Child Custody for Colorado on
Q: In colorado,is a judge only allowed to consider 1 year back of legal documents in a child custody case?

In a child custody case the only documents that were allowed were from 1 year ago to present.there is a mountain of evidence prior to a year but the judge would not hear it.

Stephen J. Plog
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answered on Jan 26, 2018

More information is needed to answer your question. That being said, there is no set rule as to how far back or how little back a court can go when it comes to assessing documents in a child custody or other family law case. Depending on the circumstances, there is a chance the court could have... View More

2 Answers | Asked in Child Support for Colorado on
Q: My son was adopted do i still have to pay child support?

He was 3yrs he is now 14 his name first and last were changed and im not aloud to have any means of communication with him. And half of my wages and all my taxes are taken

Stephen J. Plog
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answered on Jan 26, 2018

If your son has been adopted by someone else, your duty to pay child support stops at that point in time. If it did not, someone owes you a whole lot of money. If there were unpaid child support arrears prior to the adoption, they can still come after you for those. Since they are taking tax... View More

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to tell my kids mother where I live. She wants an address where they sleep, do I have to provide?
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answered on Jan 26, 2018

If there is an order saying you do, then you do. If there is no order you technically do not have to provide it to her. However, absent a safety concern a court would likely order that you provide it to her and you could make yourself look bad in the eyes of the court if she has to get them... View More

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1 Answer | Asked in Child Custody for Colorado on
Q: if a kid wants to stay with their mom for most of the time but the dad has custody on the weekends can they have a say

The kid is 16. Gets really depressed about going over to his dads house, also his dad lives about an hour away from his mom. His job is where his mom lives so is his school and friends

Stephen J. Plog
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answered on Jan 24, 2018

A child, even age 16, does not have a say in parenting time. Your remedy would be to look into modifying the court orders. A court will certainly consider a 16 year old's wishes, schedule, etc. You should seek the help of a family law attorney if you choose to move forward with... View More

1 Answer | Asked in Family Law for Colorado on
Q: Question about Pro Se Litigant

I am representing myself pro se in a family law matter in Colorado and the other party's attorney has not responded to me for about one year. Do they have to respond if I am representing myself. Thank you.

Stephen J. Plog
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answered on Jan 24, 2018

More information is needed. There is not a rule indicating the attorney has to respond to you. However, if there is something pending before the court that requires communication they should. You may need to seek court involvement to get communication. Realistically, you should consult with... View More

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can a father kick out his daughter when she turns 18 if she is still in high school?

I am her mother and do not want her to leave. she is a great kid.

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answered on Jan 24, 2018

A child becomes an adult at age 18. From a family law standpoint, the parent is no longer legally obligated to let them stay in their home. If you all live in the same home, that will be an issue for you and the father to work out. In a technical, legal sense, the father might have to go... View More

1 Answer | Asked in Child Support for Colorado on
Q: I have paid child support,my son turns 19 on Feb 5. Will I have to pay for Feb. support?
Stephen J. Plog
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answered on Jan 24, 2018

That depends on when the due date is each month. Technically support runs until the month after the child turns 19, so an argument could be made that you need to pay February, which would be your last month.

2 Answers | Asked in Child Support for Colorado on
Q: Ex is filing child support on a me. Didn't have any whereabouts of her after a few months when she was already pregnant
Stephen J. Plog
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answered on Jan 24, 2018

You should consult with a child support attorney regarding your rights and options. Once you are served with papers there will be deadlines running that you will need to follow. Not sure what else you are asking?

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Time is split 50 50 with my son's father but I pay the healt insurance. Can I take him back to court for child support?

My son's father had him on an insurance policy and shortly after court dropped it and put him on medicaid. I now am a full time employee at my job and have signed up for insurance including my son. Can I take him back to court for child support? I pay for all of my son's expenses which is... View More

Stephen J. Plog
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answered on Jan 24, 2018

You should consult with a family law attorney to assess child support from all angles, including changes in income. If you are now paying for the health insurance, that should certainly be factored into the equation. The father not helping with expenses is an issue, too, if they are court... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex is in jail with charges of DV, assault & false imprisonment against his new girl. What do I do to protect my kids?

I received a call from his girlfriend (they have been dating for 5 years) last night telling me what happened. I looked up his arrest, and confirmed the charges.

When do I tell my kids?

What do I do to protect my kids (and me) if and when he is released?

Does this change... View More

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answered on Jan 16, 2018

You should consult with a family law attorney regarding modifying the parenting time and, potentially, dealing with any emergency issues, if any, tied into his behavior and whether he presents a danger to your kids. The arrest would not affect child support automatically, though if his parenting... View More

2 Answers | Asked in Divorce for Colorado on
Q: If I’m divorced and living in the home with my ex that we bought together ( both names on mortgage), what are my rights

If I’m ready to sell the home and he’s dragging his feet and not being willing?

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answered on Jan 16, 2018

Your rights depend on what the divorce papers say. If you need help assessing the divorce papers, mapped up with your specific facts, you should consult with a family law attorney.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my wife moves with our kids to another state, but I dont, Do I need to pay alimony/child support, if we are married?

She wants to move with our kids to another state(WA) eventhough I am staying here in their home state(CO), but wants to stay married, because I provide the medical/dental/vision Ins...Am I responsible for Alimony or child support, if we are still married and she lives in another state, but I dont... View More

Stephen J. Plog
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answered on Jan 15, 2018

Firstly, you are under no legal duty to pay child support or alimony unless there is a court order saying you have to. She could certainly file for divorce here to try to get those things. If you want to be divorced and she does not you can still file. You don't need her agreement to get... View More

1 Answer | Asked in Child Custody for Colorado on
Q: it’s my exes year to claim child. He was in jail and only made 4K. I made 30k and supported all year. Can I claim her?

We have 50:50 custody and it’s his year to claim her. He was in jail most of the year and only made 4K. I have her 5 nights a week and am 100% her financial support. I made 30k. Do I have rights to claim her?

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answered on Jan 15, 2018

If you are talking about head of household, you would get to claim her, as she was with you the majority of the time. If you are talking about the dependency exemption and the court orders say he gets to claim her then you could only claim the dependency exemption if he failed to pay all court... View More

2 Answers | Asked in Child Support for Colorado on
Q: What can I do if my childs father is not seeing him.like he is suppose to on the child support order?
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answered on Jan 15, 2018

More information is needed to understand what, specifically, you are asking. Generally, child support orders don't contain provisions for visitation. I am going to guess that you are indicating the court orders regarding visitation reflect him getting certain parenting time, which he is... View More

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2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: Could I get the arrears dropped off my child support case

I have a signed and notarized document from my children's mom saying she does not want to seek back pay child support

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answered on Jan 15, 2018

If the mother agrees to waive all arrears, and presuming the state is not involved due to her receiving public assistance, you can get them waived. To legally do so you will both need to sign an agreement, to be filed with the court, indicating that she is waiving all child support arrears.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have a 8 year old daughter and 3 year old son. My 3 year old is not biologically mine but im On the birth cerificates.

I have cared for my sons since birth while his mom was in and out of jail. I recently moved and it upset her. She took him out of daycare without my permission. Since then sshe refuses to hand him back ive been more of a father to him then shes ever been a mom. What rights do i have and should be... View More

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answered on Jan 15, 2018

You have rights regarding both children. You need to assert those rights by filing a custody (allocation of parental responsibilities) case. She does not get to just control the situation, but you have to assert yourself to change things. You should consider consulting with and hiring a child... View More

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: What is the legal process of a third party taking full guardianship over a child?

Neither parent is supporting the child and the child lives with the third party full time.

Stephen J. Plog
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answered on Jan 12, 2018

They can either file a guardianship case under CRS Title 15 or a custody (allocation of parental responsibilities) case under CRS 14-10-123. As part of either case they should be able to seek financial support.

1 Answer | Asked in Child Custody for Colorado on
Q: Is it illegal for the parent with no custody to contact the child without permission from the parent with full custody?

This child is under the age of 18 and the parent that has full custody of this child, does not want the other parent to contact this child for various reasons.

Stephen J. Plog
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answered on Jan 12, 2018

More information is needed to answer your question, including as to whether there are any court orders in place prohibiting contact. Generally, it would not be "illegal" in a criminal sense, but there may be more to the story. If you are wanting to do something about the situation you... View More

1 Answer | Asked in Divorce for Colorado on
Q: My spouse and I are CO residents however due to my contract with work, live in KY. We would like to file for divorce?

My contract with work can be terminated at any time at which point we would move back to CO. We do not want to change our state of residency. There is one small child involved; however I will not be seeking child support and he will not seek alimony, and we will still live under the same roof and... View More

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answered on Jan 12, 2018

Maybe. The technical standard is that you are "domiciled" in Colorado, which basically means it's your intended home and where you will be returning to. If your job has had you away for a few months, you should be able to file here, presuming you still maintain a Colorado address,... View More

1 Answer | Asked in Child Custody for Colorado on
Q: a parent with partial custody of kids drives without license or insurance with kids in car, can lose custody?

Girlfriend is battling custody of her 4 and 6 year olds with her husband and I just found out that due to child support, he has no license to drive, yet he picks up the kids without it or insurance. Can that be grounds for a judge to deny the partial custody?

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answered on Jan 12, 2018

It can be grounds for a judge to put limitations or restrictions on his time, such as order he cannot drive the kids and can only pick them up if he has someone with him with a valid driver's license and insurance. It would not likely be a basis for a court to say he just gets no time or... View More

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