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If I transferred my saving account from bank to my kids and we (husband) got rid of investment property also, can my husband ask for half the of it although it’s now under new owners? 3 months before divorce papers got filed
Thank you
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answered on Jan 12, 2018
More information is needed, but if divorce was on the table, meaning it can be shown you knew it was coming, then he could raise an argument about marital waste or dissipation of marital assets and potentially get his share of the property. For a more thorough assessment of your options and... View More 
I am obligated to pay 680 a month plus 50% of any additional costs. She has not worked in two years and the expenses are climbing so much that I am not able to afford those in addition to my own living expenses.
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answered on Jan 12, 2018
Your only obligation is to follow the court orders, meaning pay your support and 50% of the costs. Her not working shouldn't affect that unless you are saying she's not paying her share. If she is not paying her share, there are various things you can do to enforce the orders. She... View More
Children, son 14 and daughter 10, have stated they do not want to go to their father's for weekly visitation. Continuous verbal and physical abuse have been witnessed by both children by their father and live in girlfriend. Neither child has a bed or room, they sleep on the couch or share a... View More
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answered on Jan 12, 2018
If you are violating court orders by not sending the kids, which it sounds like you are, he could file a contempt of court motion, he could file a motion to enforce parenting time, or other things. Worst case repercussions could eventually be jail and courts don't let kids of this age call... View More
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answered on Jan 12, 2018
Yes. At 18 she is an adult.
I am currently in the US and want to get a divorce from here. Is that possible??
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answered on Jan 12, 2018
If you have lived here for 91 days or more, you should be able to file for divorce. However, the court will not be able to enter financial orders or child related orders if child and mother live, and have lived in MX.
Can he be emcipated due to being in state custody?
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answered on Dec 28, 2017
If the 17 year old is in prison and not coming you, you should be able to seek a termination of the child support obligation.
There is no current custody order. Other parent left CO with my son to Hampton Bays, NY without my permission & knowledge. I found out about the move from a family member on facebook. Recently established child support order in Colorado.
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answered on Dec 28, 2017
If the child has been gone from CO for less than 6 months, then CO. If they have been gone longer than 6 months, you would need to file something in NY.
We just went through mediation almost a month ago. Since then my son went to the first visit, afterthat his dad would come up with an excuse or ask me to keep him. Yesterday when I asked if he was coming to see his son, he stated our child was a mistake and wants nothing more to do with him. I... View More
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answered on Dec 28, 2017
If there are no court orders in place, you all could come to an agreement indicating you have sole custody and all parenting time. If there are orders in place, you could modify those orders via an agreement, stipulation, granting you those same things. If he thinks giving up his time will also... View More
I do not want my son to have any contact with him due to the way he has treated me for the 10 years we were married, and even now after the divorce. I don't want my son to see that anymore. He never adopted him. I am remarried and my husband wants to adopt my son. I currently have sole... View More
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answered on Dec 28, 2017
More information is needed, including as relates to when you separated, how long you have been divorced, if there are any orders in place regarding your son and ex-husband, and how long it's been since your son has been in his care. If your son has not been in his care for the last 6 months... View More
We have a parenting agreement that has been in place since 2012. I am supposed to have the kids from the Dec 26th until the Sunday night before they head back to school. The children are 16 and 17. I have been emailing her about my plans when she told me that there is no way the children are... View More
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answered on Dec 28, 2017
Though Christmas has passed, there are still things you can do, including filing a motion to enforce parenting time pursuant to CRS 14-10-129.5. If the court finds that she violated the orders you could be awarded make up time and attorney fees. There ages are somewhat problematic in that some... View More
She just texted me and told me they've moved from Denver to Colorado Springs. We have a parenting plan and share joint decision making. This will have quite an impact on my ability to have quality time with my daughter.
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answered on Dec 28, 2017
If the move affects your ability to exercise your parenting time, the mother should have either sought your permission or filed a motion with the court seeking permission prior to moving. You have various options available to you, including a motion to enforce parenting time. Even if she had... View More
Father is "unknown" no DNA test not on birth certificate and my son has my last name. I need a legal document showing I am the only active parent. What do I need to do or what papers do I file? I tried calling law enforcement but they said I need to go to the court and file paperwork but... View More
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answered on Dec 28, 2017
If you know he is the father you are going to have to file an "allocation of parental responsibilities" case (a custody case). If paternity is an issue, you can either file a paternity case or you can seek paternity testing within the custody case. More information is needed to assess... View More
Married with 3 children. I am Not contesting the divorce, but I do not currently have the money to fly back to Colorado for court. My wife has a court date next month, do I need to be there in person or can I have the papers mailed to me? My name is on the court letter she received at our residence... View More
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answered on Dec 28, 2017
More information is needed to answer your question. If you have been served with papers or signed the petition and do not take part, the court could enter various orders against you impacting your rights to the kids or financially. If you have already signed an agreement resolving all issues... View More
He has tried 2 times in the past to be in the picture I have allowed it but he never stuck around but now says he wants to be in her life and for good and if I don’t agree he would take me to court can he do that? And she does want to be around him.
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answered on Dec 28, 2017
Until your daughter turns 18, he can file a case to get visitation with her. That doesn't mean a court will give him what he wants. It just means he has the right to file something. Given her age and his lack of involvement, it seems unlikely a court would give him visitation. She might... View More
My son won't help around the house, won't get a job, won't go to school, and won't even help babysit his own sisters. How can I kick him out? He won't willingly leave.
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answered on Dec 28, 2017
You need to consult with an eviction or landlord-tenant attorney. This is not a family law question. That being said, under doctrines of family law, he is an adult and can be booted from your home if that's what you need to do. The process would be an eviction process.
Is there legal paperwork that my grandson needs to do or process he needs to follow to go live with father?
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answered on Dec 28, 2017
The father, not the grandchild, would need to seek a modification of the custody/visitation orders between him and the mother. The grandchild does not get to make these decisions or file something with the court. Your son should consult with a child custody attorney to assess his specific... View More
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answered on Dec 28, 2017
Yes, you can. However, under bankruptcy code you cannot discharge any child support or alimony (maintenance) obligations. Additionally, you cannot generally discharge any property or debt obligations owed to the other party. If there is marital debt you are responsible for which is also in the... View More
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answered on Dec 28, 2017
The amount of child support you pay could go down. However, that doesn't happen automatically and you would need to file a motion to modify child support with the court. Whether the child support will go down depends on an array of factors, income for both of you being the most important.... View More
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answered on Dec 28, 2017
When divorcing, you have the ability to come to all sorts of agreements as relates to property. If is difficult to determine what specifically you are asking. You should consult with an attorney to discuss your situation and options. It is possible to still maintain joint property, so long as... View More
I don't have a landline, and as our girls are 12 & 14 years old, they are often home alone. And, they walk to and from school. Is he breaking any laws? We have asked for the phones back, numerous times, he will not give them back. I feel there's a safety issue here and essentially... View More
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answered on Dec 15, 2017
This is more of a criminal law question than a family law question. You should call the police to see if it is a crime. If the phones are yours it may be. If you need orders in your family law case regarding the phones you should consult with an attorney.
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