Questions Answered by Tristan Kenyon Schultz

Q: I inherited a farm for which I have income to report my share of the proceeds from the sale of livestock and coop dist

2 Answers | Asked in Tax Law for Colorado on
Answered on Nov 10, 2017
Tristan Kenyon Schultz's answer
Talk to a tax professional for the specifics. Ideally, the tax professional should also be your tax preparer because selections on how the income is reported directly impacts the need for a self employment taxes.

As a general rule of thumb, if you actively farm OR in any way receive profits based on the production from the land a Schedule SE (self employment) must be filed. Note, this includes sharecropping, partnerships/co-ops/clubs, and (most) contract farming. Another good flag is...

Q: My daughter’s father has not had any contact with her for a year. Can his rights be terminated?

2 Answers | Asked in Family Law for Colorado on
Answered on Oct 15, 2017
Tristan Kenyon Schultz's answer
Based on your facts, it is very unlikely that a contested termination would succeed. You can broach a non-contested termination with the father, but a court may still not accept a non-contested request. Be forewarned a successful termination of rights also ends all child support obligations.

Contact a lawyer for details. Expect to pay for the attorney's time.

Q: If there is already a judgement for child support and custody,can I request that we go back to court

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Oct 15, 2017
Tristan Kenyon Schultz's answer
Yes, there are modification requests. These can change child support payments, custody, and/or any other aspect of a pre-existing court order. A modification can be contested or non-contested. Be forewarned there are black-out periods from when a modification request can be made after a prior final judgment and other limitations that may apply.

Contact an attorney for details. Expect to pay for the attorney's time.

Q: My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Sep 14, 2017
Tristan Kenyon Schultz's answer
A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires or early termination is triggered).

If you decide send notice. Send it via a registered letter or an email for documentation (this may help if other legal issues arise).

After the 30 days...

Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017
Tristan Kenyon Schultz's answer
The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).

Q: Can I sue the pet sitter and get my money back?

1 Answer | Asked in Small Claims for Colorado on
Answered on Sep 13, 2017
Tristan Kenyon Schultz's answer
You can sue in small claims court. You can visit the Colorado Courts webpage for all the forms.

For technical (legal) advice you may want to contact a lawyer. Expect to pay for the lawyer's time.

Q: There is no explicit language to the type of pets our renter can have. Our renter got two kittens

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017
Tristan Kenyon Schultz's answer
Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or termination of the lease create a separate legal action in which the tenant can pursue punitive damages against the landlord.

Q: the mother of the father of my child took my son with the father of my child's permission. I want my son back. How?

2 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on Sep 12, 2017
Tristan Kenyon Schultz's answer
If you have a custody agreement, you can seek court enforcement of the existing agreement (assuming it grants you some amount of custody).

If you do not have a custody agreement, then you will need to file for custody. If you are concerns that the child will leave the state, it is recommended that you file sooner rather than latter.

You may need a lawyer for assistance. Expect to pay for the attorney's time.

Q: How do I get money from getting ,1/2 the house

2 Answers | Asked in Divorce for Colorado on
Answered on Sep 11, 2017
Tristan Kenyon Schultz's answer
Where are you in the divorce process (negotiations, post decree, etc.)?

If you have a decree you can seek court enforcement of the decree.

Try resubmitting with a little more information.

Q: How will a Judge require reimbursement of overpaid child support?

2 Answers | Asked in Child Support and Family Law for Colorado on
Answered on Sep 11, 2017
Tristan Kenyon Schultz's answer
First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.

As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay more than you can reasonably afford. Usually, the support is reduced from future payments.

Contact a lawyer to discuss your options, because your facts present some opportunities to prevent...

Q: Do I need to provide bank statements for a child support case?

2 Answers | Asked in Child Support and Family Law for Colorado on
Answered on Sep 11, 2017
Tristan Kenyon Schultz's answer
The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.

If the bank cannot provide complete records make a copy of the banks statement and submit this with the records that you do have. Normally, only recent transactions count in the most cases, but the 3 years requirement can catch "bad acts" of parties that try to hide money/assets in anticipation of litigation...

Q: Can the father of my child file for child support so he can get partial custody?

2 Answers | Asked in Child Custody and Child Support for Colorado on
Answered on Sep 11, 2017
Tristan Kenyon Schultz's answer
Yes, a petition for custody by either parent will result in some parenting plan (i.e. visitation) and support obligations being created for the child. Colorado generally favors joint (50-50%) custody and generally does not consider prior criminal history of either parent unless there are health and safety concerns directly related to the child (e.g. drug abuse/sale and/or sexual assault of children).

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
Tristan Kenyon Schultz's answer
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.

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
Tristan Kenyon Schultz's answer
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.

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
Tristan Kenyon Schultz's answer
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...

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
Tristan Kenyon Schultz's answer
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...

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
Tristan Kenyon Schultz's answer
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.

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
Tristan Kenyon Schultz's answer
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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