Questions Answered by Tristan Kenyon Schultz

Q: Asset listed as "marital property" in prenup, but no longer exists. Will half-value still be owed in divorce?

3 Answers | Asked in Divorce for Colorado on
Answered on Sep 10, 2017

The proceeds from the item would remain property of the marital estate. If there are no proceeds from the item, there is likely nothing to split. That said, some actions may preserve an item even if no longer in existence.

This question is too general to answer because there is a significant difference between lost items, sold items, stolen items or items that become worthless. Try resubmitting with a little more specificity.
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Q: Am I required by law to tell my ex where my new employment is?

1 Answer | Asked in Family Law for Colorado on
Answered on Sep 10, 2017

You are required to follow the language of the parenting plan. You can interpret any ambiguities in your favor, but realistically a minimum amount of information will have to be disclosed. The disclosure is intended to assist parties to receive a warning for changed income and allow a spouse to contact the employer (with a court order) in the case of unpaid support.
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Q: Is there any legal action I can take against my soon to be ex for harassment during the divorce?

1 Answer | Asked in Civil Rights and Divorce for Colorado on
Answered on Sep 10, 2017

A divorce application does not grant a restraining order against contact. It does prevent parties from leaving the state with children, moving money with approval, etc.

If there is a DV charge (which does grant a no contact order), you can contact the police if you are the victim. If you are the perpetrator you CANNNOT reply--even if your ex initiates contact. Review the no contact order for details.

Note, even with a no contact order scheduling and attendance of court...
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Q: We separated for 3 months and during that time I signed a lease on an apt in another state.

1 Answer | Asked in Divorce and Landlord - Tenant for Colorado on
Answered on Sep 9, 2017

There are various ways to get your ex to leave your apartment. These range from giving 30 days notice to leave to seeking a court order to force him to leave (the latter will require a lawyer). As for the dog, it is chattel (living property) and likely is part of the marital estate and thus can be subject to division (note, this does not mean sharing ownership time like child custody). He can try to take the dog with him (which is legal in the pre-court order stage), but you can also demand...
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Q: Can an active child support order be modified requesting the absent parent to help with college tuition? My child is 18.

1 Answer | Asked in Child Support for Colorado on
Answered on Sep 8, 2017

Unless college tuition was part of the existing support order, the answer is almost assuredly no. You can always broach having your ex share the costs, but getting a judge via a modification request to force a payment of college tuition without a prior (or current) agreement has a very low probability of success.
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Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Answered on Sep 8, 2017

As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to encourage their children to say that consent was not granted (even if it may have been at the time).

In other words, proceed at your own risk...
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Q: My daughter received school loans and needed a cosigner at the time she is now 33 I'm am now being sued for her loan

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Colorado on
Answered on Sep 8, 2017

Short of your daughter refinancing the loan (and not having you as a cosigner or guaranteer to the loan) or repaying the loan, there is no way to remove your name.
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Q: My grandmother's power of attorney is her son (my uncle) but I feel like he's abusing the responsibility. Is there

1 Answer | Asked in Estate Planning for Colorado on
Answered on Sep 7, 2017

Your grandmother can revoke the PoA at any time. This is the easiest and most efficient way to resolve the problem.

A collateral (3rd party) action to challenge a PoA is possible, but is best tied to other more significant claims (e.g. fraud, misappropriation, lack of care, etc.). You will need a lawyer for a collateral challenge.
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Q: Can I rent a single house to 5 students, each student in individual bedroom room?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 7, 2017

Most counties follow the related by law/blood plus one rule. That is, there can be only one additional unrelated person residing at a home. Note, many counties allow unmarried couples that are in a permanent relationship (usually with children) to county as "family". Some counties also cap the number of adults that can reside at a residence.

Enforcement is usually tied to reports by neighbors (which can occur when a lot of cars start appearing on a street).
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Q: How do I file a Sexual Harassment case against my boss without losing my job?

1 Answer | Asked in Sexual Harassment for Colorado on
Answered on Sep 6, 2017

Contact a lawyer that handles employment law. Your boss' actions are inexcusable and you should not have to put up with his behavior. If you file suit, you are also protected against retaliation (i.e. firing or demotion). Talking to a lawyer will also allow you to follow any helpful actions that you can make to document this behavior (like video or audio recordings). You should be able to find an attorney in your area that offers free consultations.
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Q: mom in Alzheimer's care in Colorado. Trust and assets in calif. when she passes, do we file in Co or Ca?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Sep 5, 2017

If you need to file for probate, then the probate must occur in the county (and state) of the deceased residence. You may not need to file for probate. This can happen if the estate that not in irrevocable trust is small and does not include real estate among other factors (at least in CO, CA has similar rules, but is noticeably different than CO on probate matters).

For specific advice your will need to contact an attorney directly. While the attorney can be licensed in CA or CO (or...
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Q: Do I need to hire a lawyer or I should try to solve a issue with Work Compensation Insurance company by myself ?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Sep 5, 2017

Based on your information it sounds like you did not submit any medical documentation with the workers' comp claim. Photographs are helpful, but you need a medical doctor to provide a written opinion/prognosis to establish a disability of any nature (temporary, permanent, partial or total disability).
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Q: How do I obtain the case number for the termination of parental rights?

3 Answers | Asked in Family Law and Adoption for Colorado on
Answered on Sep 4, 2017

Review the adoption materials that you have. The termination should be mentioned somewhere as part of the adoption application. If this does not work you can also try the following:

(1) you can call the courthouse (ideally the courthouse where the termination occurred) and ask for help with the case number. Make sure to have the names of the parties, year of the termination, and (if possible) the county where this occurred. This is free.

(2) any attorney in Colorado should also...
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Q: Ex and son in San Antonio, TX. If I move there, can things change?

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Sep 4, 2017

Likely Colorado has already lost jurisdiction over the child and Texas now has jurisdiction over the child.

Moving to Texas should provide grounds to seek a modification based on changed circumstances. I am not familiar to Texas family law, so I cannot comment on the possibility of joint custody (it is default in Colorado, but I do not believe joint is default in Texas). Contact a Texas attorney if you do move or want more information about Texas law.
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Q: Can a birth father whose parental rights have terminated get the adopted child back 7 years after adoption?

1 Answer | Asked in Adoption for Colorado on
Answered on Sep 4, 2017

This is simply not true at so many levels.

When parental rights are terminated, the man is not the father and he cannot revisit the situation. Be aware that you can likely get a restraining order.
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Q: I was incarcerated and missed the custodial hearing, my ex says i signed over my rights, do i have any rights to my

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Answered on Sep 4, 2017

It is very unlikely that you lost your parental rights solely because you were in prison. You may have little to no visitation (parenting time) because you were is prison and/or did not appear. You can seek a modification to increase your parenting time.

The first step is to review the custody case that occurred when you were in prison. After that you can evaluate how you want to proceed with a modification, etc. You will probably want a lawyer for assistance with your situation.
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Q: Is a verbal agreement between parents to stop child support sufficient to stop child support if one child goes to live

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Sep 4, 2017

Informal agreements related to support have no validity. Court approval is required to stop support.
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Q: If my adopted childrens birth father takes my kids without my permission what is my recourse?

1 Answer | Asked in Adoption and Family Law for Colorado on
Answered on Sep 3, 2017

If the father's rights were terminated, he has no rights to child and certainly does not have any right to take the child without permission. This is simple kidnapping/child abduction. Call the police--mention that his rights were terminated (see if you can get the case number of the termination prior to the call).
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Q: Can I keep my daughter from dads house til court if she is uncomfortable and having what she is used to, church, taken?

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

If you do not have a custody agreement (approved by a court), you can withhold access to the child. Similarly, without a custody agreement (approved by a court), there are no required child support obligations. Be warned, withholding access may result in the informal agreement being terminated and the other parent filing for custody (Colorado favors joint custody in most circumstances).

If there is a custody agreement, follow the custody agreement. If you do not like the current...
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Q: Is it Against the Law for a 28 year old to Have a crush on an 18 year old and want to date him or would I get in trouble

1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Answered on Sep 1, 2017

Statutory rape only applies to minors. At 18 a person who is not disablabled is legally an adult in Colorado. Note, normal rape rules (i.e. consent) apply regardless of age.
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