Questions Answered by Tristan Kenyon Schultz

Q: Colorado health insurance question

1 Answer | Asked in Tax Law and Health Care Law for Colorado on
Answered on May 22, 2017

Based on your facts, the two 1095s show that you were doubly insured (which you now already know). The IRS does not consider insurance options--they only compute the penalties. Colorado will likely demur because you acted on your own behalf (even if based on confusion). As a result, the dual insurance will likely stand.

You can appeal the determination with the IRS, but you will need to contact (and pay for) a tax attorney's assessment. There may be grounds for an abatement of the tax,...
View Details »

Q: Can a care giver of marijuana hire a armed or unarmed security guard

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 22, 2017

There is nothing per se illegal in anyone hiring a bodyguard. However, the conduct of the bodyguard can move into civil or criminal violations.

Be especially careful of armed guards. Armed guards are not like the police, they are treated like a regular person walking around with a gun (i.e. discharging or pointing a gun is NOT protected under the Second Amendment).

If you have particular concerns, contact an attorney directly for advice.
View Details »

Q: What happens when petioner didn't submit another bank acct. With the mandatory financial disclosure.

3 Answers | Asked in Family Law for Colorado on
Answered on May 21, 2017

Knowingly misstating information on a JDF 1111 MAY result in a reopening of a closed case, sanctions (including attorney fees for the other side), and other potential penalties. The more extreme the amount "hidden" and degree of knowingly misstating results in a higher probability of sanctions. If the case in ongoing, the disclosure should be corrected ASAP.
View Details »

Q: What is Colorado law for time with children who are out of state?

3 Answers | Asked in Family Law for Colorado on
Answered on May 21, 2017

There is no specific custody division provided in the statutes. There is general language about Colorado favoring joint custody, but this always subject to judicial review. Out-of-state transfers tend to favor blocks with the children residing with a one parent during the school year and the other parent during the summer. Age of the children, private agreements between the parents, CFI reports, and other factors can change these basic assumptions.

Requesting (and getting) sole custody...
View Details »

Q: The father of my children wants to move to Georgia and have them twice a year for two months at a time, can he do this?

3 Answers | Asked in Family Law for Colorado on
Answered on May 21, 2017

He can ask for it, whether he will get it is a wholly different matter. Large blocks of time are usually granted when parents live in different states. However, the age of the children greatly disfavor (esp. the 7 month old) long absences from either parent. The father is also somewhat at a disadvantage because he is the one leaving the state. That said, you will have to share some custody and there are no guarantees with how a specific judge will rule. A lot will depend on how either side...
View Details »

Q: My 20 year old son lives in a bottom floor apt. Sump pump backed up and he has to move. His renters insurance says no

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 20, 2017

The complex is required to repair the problem within a reasonable period of time. If the water damage is too great, this may be grounds for constructive eviction.
View Details »

Q: If I'm renting with a verbal agreement on the amount of rent. And the owner of the property asks me to move out.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 20, 2017

If you pay rent and the landlord accepts the rent, you are a month-to-month tenant and have effectively continued the lease for one month. This can continue indefinitely, provided the tenant keeps paying and the landlord keeps accepting payment. The landlord is not required to accept payment and may refuse. In these situations it is usually better to contact the landlord prior to the hold-over event.
View Details »

Q: My apt. I building in Boulder is converting to condos. if I want to continue to rent, can they evict me?.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on May 20, 2017

The landlord cannot terminate the lease early without tenant consent (or vice versa). The landlord (or the tenant) can choose to not renew the lease provided that notice is provide prior to the non-renewal. It other words, it sounds like the landlord is following the law. You can contact the landlord about staying longer, but this is not something required by law. Colorado expressly does not aloow rent control or other renter-favorable laws that are found in some urban areas outside of Colorado.
View Details »

Q: My children are staying with me for thirty consecutive days during the summer. Do I have to pay child support?

1 Answer | Asked in Child Support for Colorado on
Answered on May 20, 2017

Review your custody agreement. Absent a modified court order you must comply with the support obligation listed in the custody agreement.
View Details »

Q: My daughter is getting a divorce, she as 2 kids 14 and 10, her husband moved out of the housemail they was buying.

3 Answers | Asked in Child Support and Divorce for Colorado on
Answered on May 19, 2017

It depends on the case. It is a possibility, but this is dependent on multiple factors including negotiations between the parties and money/assets available to divide. Generally speaking, the younger the children and the lower the income of one of the parties relative to the other increases the chances that one person can remain in the house for a period of time. Contact an attorney for details.
View Details »

Q: Bio-mom's lawyer has filed to relocate child out of state, saying my husband consented to it even though he did not.

3 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on May 18, 2017

At this point it is probably best to hire a lawyer. If there is on-going litigation the children cannot leave the state. File a reply to the mediation report stating an agreement was not reached towards relocation (this is the same court where you should have received the paperwork you already have). The court is like the closest court where the wife is residing in Colorado.
View Details »

Q: Can a home seller resend offer after signing a contract?

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Colorado on
Answered on May 18, 2017

I assume you meant to rescind no resend (spelling autocorrecting always gets me too...). Anyway, a seller may be able to rescind a signed contact, but this is usually conditional on either the buyer agreeing to release the seller or the seller offers a "penalty" to the buyer for terminating (this is sometimes included in sales contracts). Beyond that, a dually signed agreement is binding to both the buyer and seller absent fraud or dual material mistake. You may need to contact a real estate...
View Details »

Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?

1 Answer | Asked in Consumer Law, Contracts, Collections and Landlord - Tenant for Colorado on
Answered on May 18, 2017

Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
View Details »

Q: Landlord says I have to notify everytime the house will be empty, even just for one night. Is that excessive?

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on May 18, 2017

This is pushing the limits of reasonability. A lease agreement can attach restrictive conditions like the ones you mentioned, but you are not required to accept. These conditions are very unusual for a lease agreement. It is your decision, but these conditions seem to establish a pattern of excessive interest and control. Some landlords seem to take the lord part a little too literally...
View Details »

Q: Can a Denver cop issue a ticket if they didn't see the incident? It was just a road rage interaction, no accident.

1 Answer | Asked in Traffic Tickets for Colorado on
Answered on May 18, 2017
View Details »

Q: My fiance was thrown in jail by his parole officer, can he be made to sit there for 4 months until a bed in rehab opens?

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 18, 2017

I am sorry, but the answer is yes. With the strain on social services this type of situation is not a rare occurrence. While it is not completely settled, an individual generally does not have a right to get placed in treatment versus being placed in jail. I am not saying this makes sense, but that is where we are in the US...
View Details »

Q: What to file to have a pre-teen heard in divorce hearing. No attornew involved

2 Answers | Asked in Child Custody for Colorado on
Answered on May 18, 2017

This type of testimony is best included as part of a CFI report. Minors are presumed legally incompetent, so there are additional hurdles usually associated with listing a minor on a witness list, like a regular witness. Also be aware that many judges greatly disfavor having a minor choose a parent in open court. That said, if you want a child to testify, include the child on the standard pre-trial witness form (this can be found on the CO Courts webpage under self help forms--look under...
View Details »

Q: Prep for mediation. All documents as required by court submitted. Spouse attny. demanding more. Is this harrassement?

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Colorado on
Answered on May 18, 2017

The requests are very likely not harassment. Be aware that under Rule 16.2 (found in the JDF 1104 disclosure form), a significant amount of financial information is required to be disclosed without request. Failure to provide this information can result in court enforcement with sanctions. That said, some attorneys try to push beyond the mandatory disclosure requirements of Rule 16 (I had opposing once ask for a release of the entirety of my client's medical records--that did not happen...).
View Details »

Q: Can a felon own a pellet gun in colorado

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 17, 2017

Nope. A firearm is "any device capable or intended to be capable of discharging bullets, cartridges or other explosive charges.
View Details »

Q: How can someone clear up really old stuff on their DMV while they are in prison so they can start over when they get out

1 Answer | Asked in Traffic Tickets for Colorado on
Answered on May 16, 2017

Are you asking about sealing records? If so, Colorado does not allow traffic offenses to be sealed.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.