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My wife filed for a modification of child support back in July of this year. The first hearing, her ex husband was examining her and brought to the court's attention that she could be spending significant assets that were not reported on the forms required. So the judge stopped the hearing and... View More 
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answered on Nov 9, 2017
In a family law case, both parties should be given approximately equal time to present their cases, both parties should be given a chance to testify, and both parties should be given a chance to cross examine the other party. What you have described is not normal and may constitute judicial... View More
Mom is my daughter. She is willing to give up parental rights to me. Dad is my son in law who doesn't want to give up rights to me. They are separated but not divorced. Both are sort of still involved in his life but only when its convenient. Neither is employed and dad is homeless as well.... View More
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answered on Nov 9, 2017
You do have the right to seek custody of him, which would take filing a new case, unless there is a divorce filed which has not been completed, in which case you would file a motion to intervene and for custody. You should consult with a family law attorney, as there are various pitfalls along... View More
My divorce was finalized August 1st 2016. She was awarded household goods and I was awarded the property.
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answered on Nov 8, 2017
If the items are on property awarded to you you could probably make a case that she cannot just come onto your property and that if she does you will call the police. That being said, if the court awarded her certain items and you are not cooperating with her getting them you could have a problem... View More
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answered on Nov 8, 2017
Not sure what specifically you are asking as the latter part of your question may have a few words missing. To change primary residential custody you will need to file a motion to modify parenting time, which also needs to state one of the bases set forth in CRS 14-10-129 related to also changing... View More
My children's father lives in CA & we live in Colorado. He is the non custodial parent, and I have full custody. He recently moved, but listed his WORK address on the driver's license and refuses to tell me where he's living. He wants to fly the children, under 7 years old, to... View More
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answered on Nov 8, 2017
If your court orders do not contain a provision regarding keeping each other informed of home address you will need to file a motion with the court, explaining the situation, and asking the court to order that he provide the home address, including before the parenting time, and keep you informed... View More
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answered on Nov 8, 2017
Not paying child support and seeking more parenting time are two separate issues and generally have nothing to do with each other. Owing child support arrears does not prevent you from seeking more time. To change parenting time you should file a motion to modify parenting time pursuant to CRS... View More
The last 2 1/2 years he has not worked and smokes marijuana everyday. He doesn't have any physical sickness but he feels he can't do anything. To the point of he probably won't be able to get his paperwork filled out and go to the court. What is the best thing my mom can to to not... View More
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answered on Nov 2, 2017
If your mom wants a divorce, she is going to get a divorce, with or without him. She really should consult with a divorce attorney to understand what she is looking at tied into property, debt, and other issues. If he doesn't take part in the process, the court may give her everything she... View More
My daughter filed for full custody, then father responded he wants joint custody because he was young and stupid after 13 years on never seeing or talking to her. She wants nothing to do with him because he abandoned her. What can we do is there Colorado Laws of abandonment or her wishes in this... View More
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answered on Nov 1, 2017
Your daughter should look into hiring a family law attorney to help her. If he has never met her and there are no orders in place you should not have her go with him. At age 13, though she doesn't get to make decisions, her wishes should at least be heard by the court. Her statements are... View More
my children back or is there a way I can get them back? There are orders in place but we see that he is getting to a point were he can not take care of the children. he is 75 years old and has already told me in and my son has told me that he has been in the hospital and neither my husband or I... View More
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answered on Nov 1, 2017
More information is needed to properly answer your question. If there are orders in place already, you should look into filing a motion to modify them. If he has filed a case, but orders have not been entered, you need to participate if you want to be heard and to exercise your rights. You... View More
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answered on Oct 31, 2017
You should seek out the help of a family law attorney. You need to file a motion to modify parenting time, alleging what has gone on and how that impacts the child. More information is needed to give you more than just a generic answer.
We get along ok, and are raising kids and it is very expensive to move out, but all of our affairs and finances and basically lives have been separated for awhile. He lives upstairs and I live downstairs.
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answered on Oct 31, 2017
You can get a legal separation and still live under the same roof. When arriving at any agreements, you should have contingencies for some things, such as relates to the kids, in the event that you all do physically separate.
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answered on Oct 30, 2017
More information is needed to fully answer your question or assess your situation. If your mother is wanting custody of the kids or to try to prevent your sister from taking them, she should file a custody (allocation of parental responsibilities) case. If the kids are residing with your mother... View More
Filing temporary orders for parental time in an allocation case, I received a letter from the courts saying I had to give my ex a copy of all exhibits that will be brought up as evidence in court 7 days prior to the court date, she has refused to meet up with me so that I can give them to her she... View More
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answered on Oct 30, 2017
If she refuses to meet with you in person to exchange exhibits and refuses to give you a mailing address, you should scan and email the documents to her. You could/should also call the court clerk to see what address the court has for her. You could also mail a set of the exhibits to that... View More
My ex earns a significantly higher salary than me but our 2 teenage boys do not spend 50% of overnights in my residence, despite the fact that I am available and desire to have them as much as possible.
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answered on Oct 30, 2017
If the parties waived child support earlier on, there could be retroactivity back to the date of the filing of a motion to modify. There could also be arguments raised tied into a change in primary residential custody from one parent to the other (CRS 14-10-122(5), but that argument would... View More
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answered on Oct 26, 2017
You and mother would need to draft, sign, and file a stipulation waiving the arrears and get the court to sign off on an order adopting the stipulation. If the county child support enforcement until is involved in the case, they may want to sign off on it, too. They could then lift the block on... View More
Received a call from child support , they have my case but cannot find him. I do not know where he lives but I do know he is working under table including the location. He is also on probabtion. Can I do something to speed up the process, contact probabtion officer to get address ? It's been... View More
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answered on Oct 26, 2017
You could contact his probation officer to see if he/she might be willing to help. If you know where he works you should consider having him served with a contempt of court motion.
What about the time between the final order hearing, where judge verbally gives order to time order is signed?
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answered on Oct 26, 2017
For activity expenses incurred prior to entry of decree, the person would be responsible for those only if the permanent orders or separation agreement specify the terms are applicable to pre-decree expenses. For expenses between the time the judge gives the verbal order and the time the written... View More
I have had very few interactions with the girlfriend of my sons father but none have been a very positive experience.
The first interaction I had was her banging on my sons dads door in the middle of the night until he answered, once he opened the door she burst in and yanked a giant tube... View More
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answered on Oct 24, 2017
You do have the right to ask the court to enter orders prohibiting the father from allowing her to be alone with your son. You will need to be able to show the court why such an order is needed. Also, keep in mind that the court has jurisdiction over the father, but not the girlfriend. As such,... View More
Do I have to file all my evidence now, or just the exfhibits needed for the Temporary order? Will I have a opportunity to file more exhibits prior to the Final orders hearing.
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answered on Oct 24, 2017
Any attorney would need to review your specific case management order before specifically weighing in on what you need to do. Generally, attorneys to not "file" their evidence prior to a hearing. Rather, they bring exhibits to the court hearing and ask that they be admitted by the... View More
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answered on Oct 19, 2017
If your wages are not being garnished, there is nothing you need to do. You just stop paying. If they are being garnished, you should first talk to payroll or HR to let them know last child has turned 19. If the support order says it stops when last child turns 19 they might be willing to just... View More
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