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Questions Answered by Sabra M. Janko

1 Answer | Asked in Domestic Violence for Colorado on

Q: I filed a report against my fiancé for domestic violence, when the detective calls Can i have the case dropped?

I filed a report against my fiancé for domestic violence, when the detective calls Can i have the case dropped and not file ?

The ER (wanted to make sure the baby inside me is okay) called the police to inform of domestic violence. The police officer who took my statement filed the report... Read more »

Sabra M. Janko answered on Jul 6, 2019

The first thing that you think about should be safety for your baby and yourself. If the ER called the police, the harm was serious. it won't stop. The state can decide whether to prosecute or not based on the ER report. You can tell the detective that you do not want to prosecute, however the... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

Sabra M. Janko answered on Jun 19, 2019

Absent a court order, there is no enforceable financial support requirement, however there is a general expectation that spouses will provide support to each other. If you would like to set forth specific financial requirements, you can do so in a court order. If the house that you live in... Read more »

1 Answer | Asked in Domestic Violence for Colorado on

Q: If i testify in a domestic violence case can things i say then be used against me to charge me with a crime?

My ex and i both were charged with domestic violence. My second court date all charges were dropped against me . I was subpoenaed to testify. If something i say incriminates me during his trial while testifying can charges be brought against me again after his trial?

Sabra M. Janko answered on Jun 19, 2019

Information that you provide in a court proceeding under oath can be used against you in a criminal proceeding. While you can claim the fifth amendment right to remain silent in a criminal proceeding, you can not do so in a civil proceeding. You should consult with an attorney before you testify.

1 Answer | Asked in Domestic Violence for Colorado on

Q: Is there an exception to the rule of a 13_14_106 Colorado statue of permanent restraining order.i

I have had no contact in 12 yrs and I'm trying to have it removed. I have had no. associated people attempt service and a paid process server and they are unable to locate the individual. I have filed motion and continuances to no help on my part. Can you please assist me

Sabra M. Janko answered on Jun 9, 2019

If you are unable to serve the other party, then you can submit a motion for service by publication to the Court. You will, however, have to establish to the court the steps that you took to locate the other person.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Is it possible to overcome a child's presumed paternity and divorce or separate without extensive time in court?

I had a child this year that I am nearly certain is not my husband's biological child. We were married in Colorado, I gave birth in Colorado, and we have since moved to another state (OK). I do not want to involve the courts more than absolutely necessary. I am not seeking child support, I am... Read more »

Sabra M. Janko answered on Jun 9, 2019

If the child was born during the marraige, then there is a presumption that the child is of the marriage. If your husband contests your desire to receive sole cusotdy of the child, then you will either need to agree to a parenting arrangement or file a court petition to have the court issue an... Read more »

1 Answer | Asked in Divorce for Colorado on

Q: Can a 21 year old CO divorce case be reopened for my ex to come after my retirement? Decree says she doesn’t get it.

My ex wife and I got divorced 20 years ago. At the table with our two attorneys she agreed to waive her rights to any of my retirement account and at the time I had less than ten years contributing. The court papers say this is “permanent and irreversible” or something like that. Married seven... Read more »

Sabra M. Janko answered on Jun 8, 2019

An attorney would have to review your agreement in order to know what your legal rights and obligations are. Typically if she waived sharing in your retirement, then she could not reopen the matter to ask for it. Sometimes decrees do allow for requests at a later time when the retirement amount is... Read more »

1 Answer | Asked in Divorce for Colorado on

Q: Due to jobs, we lived in separate states when we were married and continued to do so for the duration of the marriage.

We are divorcing and, as part of the divorce agreement, my soon-to-be ex wants me to pay her for money she spent during the marriage: air fare, rental cars, money she contributed toward a custody issue with my child, and toward basic bills etc. Is this something that a judge would agree with?

Sabra M. Janko answered on Jun 8, 2019

In a divorce, you will divide marital assets and debts. It is unclear why your spouse would want you to reimburse her for money that she spent during the marriage unless you had some agreement to that effect.

1 Answer | Asked in Child Custody for Colorado on

Q: Any way I can get an example as to what needs to be applied on the form JDF 1415 question 8 in modifying child custody

In 2011 my children's grandmother got custody tho I have lived with her since (and before) and always taken care of my children... In May 2018 I moved out from her home in pueblo CO and moved to Colo/spgs CO. In June of 2018 their grandmother gave them back to me because she had got evicted from... Read more »

Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation. It sounds like the grandmother has custody and if that is the case, she can keep the children pursuant to the terms of the order. If you feel that a modification is warranted due to a change in the suitability of the grandparent to have custody, you can file... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Hello, how does an individual residential parent petition for a GAL for his 2 minor children?

The bio mother refuses to declare her living residence to the bio father, she keeps a 1 bedroom apartment and uses her parents and grandparents home for mail, but stays in other places where she takes the children. She separates them during her parenting time leaving one with her mother and she... Read more »

Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation. It sounds like you can file a motion to enforce parenting time if there is a violation of a prior court order. You mention that she demands to see the children at will, however you are only required to follow the parenting plan. If she is ordered to pay... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on

Q: Time with my daughter.My names on birth certificate and no custody case yet she refuses to let me see her. Is that legal

Hoping to find help so i can see my daughter again and hopefully get split custody. Her mother and I are still married, my names on the birth certificate. i was forced out of my daughters life by wife when we split. There is no custody case saying where my daughter is supposed to be. She refuses to... Read more »

Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation but you can make a change. You can file for an Allocation of Parental Responsibilities so that you can set a schedule for childcare and parenting time. Your spouse should not be preventing you from seeing your child absent concerns about the welfare of the... Read more »

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1 Answer | Asked in Child Custody for Colorado on

Q: My parents split when I was a kid and my mother had to pay child support for me and my brother

My dad then gave up custody of me and my brother to my grandparents. As far as I know my dad was still receiving that money and did not give a dime to my grandparents to help support us. Now that we are older (me 33 my brother 28) and now knowing that it was never paid to use to support us. Are... Read more »

Sabra M. Janko answered on Jun 7, 2019

Though receipt of child support is the right of the child, the money is paid to a caretaker for the support of the child. Therefore no money would be owed to you. Any recourse for nonpayment would have been between your mother as the payor and your father as the payee and possibly your grandparents... Read more »

2 Answers | Asked in Child Support for Colorado on

Q: What can I do, If the father has to pay over 400 and only gives $86 a month?

Sabra M. Janko answered on Jun 8, 2019

If you have a court order for child support, you can enforce it or file a contempt motion. The father should pay what the order requires him to pay, If he can not, then he can request a support modification.

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2 Answers | Asked in Child Support for Colorado on

Q: My daughter lives with me mom. She is attending college. She will be nineteen June24. HER DAD pays 250.00 per month

She is in college and Dad feels he is done paying child support and will not help with college expenses. How do i get him to help pay for those expenses?

Sabra M. Janko answered on Jun 8, 2019

Usually child support ends at age 19 unless a decree provides otherwise. You could ask him to agree to assist with college expenses. Your child also might be eligible for grants or loans.

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2 Answers | Asked in Child Support for Colorado on

Q: I forgot to include a proposed order form with a motion I just filed. Will the motion be rejected?

I filed a motion to change venue and I believe the court requires a blank "general order" form to be included with the filing, but I don't know if there are any statutes or case precedents which forgive such an error.

Sabra M. Janko answered on Jun 8, 2019

It depends on the court. Sometimes the Judge will draft an order in the absence of one. If the motion has not yet been ruled upon, you can still submit a proposed order. Ideally the order will be drafted to support what you are asking the Court to order.

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