Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Sabra M. Janko
3 Answers | Asked in Divorce for Colorado on
Q: If im married but have been seperater for over 10 years what can I still get from him he never payed child support
Sabra M. Janko
Sabra M. Janko answered on Feb 11, 2021

Technically everything you both own right now is still marital property so you each have an interest in that unless it was obtained before the marriage. You can ask for child support to start from the date of filing if you have children under age 19. You may also be eligible for spousal maintenance.

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: I bought a house 3 years before marriage. Is my wife entitled to 1/2 of the equity in a divorce if she never worked?

The house is under my name only.

Sabra M. Janko
Sabra M. Janko answered on Feb 11, 2021

I agree with the last answer. Also the fact that she did not work during the marriage does n to impact her property interest in marital property. You may wish to argue for spousal support purposes that income should be imputed to her which would reduce the amount of any spousal support that you... Read more »

View More Answers

1 Answer | Asked in Domestic Violence and Municipal Law for Colorado on
Q: Can the cops have someones vehicles towed from my property if I have a restraining order agent them?

The restraining order was from domestic violence had a portection order and it was a lot of vehicles and a camper (all his belongings were in it) I was also being told by code enforcement that they (20 some vehicles) needed to be removed or they were going to condem my property for it being... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 9, 2021

If the vehicle is his, then he has a right to it. Typically there should be some coordination from someone with regards to entry onto your property, if you own the property, to remove the vehicle.

1 Answer | Asked in Divorce for Colorado on
Q: I moved here 2016. My divorce finalized in IL 2005. She is seeking legal fees in IL. Can IL law judgement hold here?

Recent legal fees being sought from final court proceedings where my GI Bill benefits were stolen by our 21 year old daughter by Mother's urgings so she could have her semester payment be considered in-state for tuition. Daughter was sub-peoned, but lives in OH and didn't show up to Zoom... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 8, 2021

I am sorry to hear about your situation. Courts are required to afford full faith and credit to orders from another state absent certain situations such as fraud or lack of jurisdiction.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Domestic Assault - Vacating Lease Question

I was involved in a pretty horrific domestic assault on 1/4/2021. My, now ex (who is facing criminal charges due to this) and I were on a lease together. However, due to Colorado law and domestic violence victims, I notified our landlord immediately with the protection order and vacated the home on... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 8, 2021

I am sorry to hear about your situation. The statute allows for your release from the lease though you would still owe one month's rent. As for landlord collection, the landlord vies both people on the lease as being financially responsible and can seek to collect the rent from either person... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: How do I file for divorce if i don't know where my husband is?

I know he went back to Michigan and I know the general area he probably is staying but I don't know for sure where in Michigan he is. He probably also won't sign the papers even if I can track him down to serve him. He said he wouldn't let me divorce him but does he really have a... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 8, 2021

If you make diligent efforts to locate him and can not, then you can request to serve him by publication. The Court could grant a divorce that way, however would not have jurisdiction over financial support or out of state property.

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Child custody and support questions.

In the divorce paperwork my ex wife stated that our daughter was not mine and I was not the biological father so what rights do I have and can I file charges cagainst her

Sabra M. Janko
Sabra M. Janko answered on Feb 6, 2021

I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file... Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Q: My girlfriend (17) has a rabbit and her stepdad is threatening to press charges if she ever brings the rabbit to his--

house again. The rabbit hasn't hurt anybody and the only problem that they've mentioned is uncleanliness. Is there any legal basis behind that or is he bluffing?

Sabra M. Janko
Sabra M. Janko answered on Feb 1, 2021

He has no grounds to press charges, however if your girlfriend's father has no custodial responsibilities for her, he has no obligation to allow her or the rabbit to come into the home. If he does have custodial responsibilities, he still has no legal obligation to allow the rabbit into the... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: I want to file for Divorce. My husband left me and my daughter since 2009, he left to Mexico and he couldn't come back.

He has never sent any money, they barely have any contact by phone. I just want a Divorce.

Sabra M. Janko
Sabra M. Janko answered on Feb 1, 2021

You can file for divorce. If you do not know where he is in Mexico and can not serve him there, you can request service by publication. The Court would not be able to divide out of state property or order him to pay child support with service by publication though.

2 Answers | Asked in Child Support for Colorado on
Q: How to get money back from overpayment in Child Support/Maintenance

My wages were being garnished for back child support/maintenance and the checks were going directly to my ex and not through an agency.

I thought when I didn't owe any more money the garnishments would automatically stop. After a year of overpaying ($10,000) what can I do to get this... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 1, 2021

You might be able to bring a civil claims court action for unjust enrichment, however your ex might claim that it was your responsibility to stop payments at the appropriate time and that the extra payments were a gift. Jurisdiction would be here where your ex is unless your ex has substantial ties... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Support for Colorado on
Q: I need a divorce; my ex and I have been married since sept 2018, we have a 2 yr old. what forms need I file

we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.

Sabra M. Janko
Sabra M. Janko answered on Jan 28, 2021

You should file a petition, summons and case information sheet. Child support and maintenance are determined by support guidelines which are calculated based on the incomes of the parties and for child support, also the number of overnights of the child with both parents. You could also hire an... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Colorado on
Q: If my ex and I are found not to be common law. What happens to the property? I want to keep my house. I pay for it.

I live at the residence with my two children and pay everything. He surrendered property

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

If you are not married, then the house will belong to whomever it is titled.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: Can the non-custodial parent keep all the stimulus check because the court paper let her claim them this year??

The divorce was final in October 2020, she walked out on the family in May 2020, he is the custodial parent. He was a stay at home dad and she left them with nothing. She gets to claim them on taxes per the court paperwork and will not give the kids any of the stimulus money. It doesn't seem... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

Generally if the stimulus money was used for household expenses or for the children a court would not require that it be shared.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If someone is telling you that they have pictures that they will show if you take them to court what should u do?

Court would be for rights to a kid And the pictures are not good

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

You can always defend with whatever evidence you have. You can also agree to settle the issue without going to court. The importance of the pictures to the case depends on what the pictures show.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I have a question about filing a motion on my own.

Petioner has admitted to lying in court about his employment and refuses to pay child support. He is also unemployed and does not have the funds to support our son. He is also filing his 6th motion to get child support terminated as well.

Sabra M. Janko
Sabra M. Janko answered on Jan 21, 2021

The answer to your question depends on what the current status of the case is. It looks like he plans to file motion. You have the ability to respond to that motion within 21 days if you are in Colorado and within 35 if you live outside of Colorado.

1 Answer | Asked in Divorce and Child Custody for Colorado on
Q: Can my ex wife who has had multiple seizures take my kids from me?
Sabra M. Janko
Sabra M. Janko answered on Jan 21, 2021

It depends on whether there is a current order and why she is trying to establish or change parenting time and whether she and you are both fit parents. There are a number of factors that a court considers in determining parenting time.

1 Answer | Asked in Real Estate Law, Criminal Law, Estate Planning and Probate for Colorado on
Q: Hello, is there anything I can do for an estate that was stolen by false signatures.

Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2021

If you can establish fraud, then you may have recourse. You can report this to the police as financial fraud is a crime. You could also hire a criminal attorney who could have a private investigator look into the matter.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: If a father is not on the birth certificate does he have the right to get a lawyer and take your child away from you

Under false pretenses besidesOnly thing is is living in hotel rooms after losing house. And is it against the law to do it without being served with paperwork before court date

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2021

A person who has no connection to a child can "take the child away" in court in the sense of obtaining custody. It sounds like the father here may have some connection to the child.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2021

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My boyfriend and I live in Colorado. Does he have parental rights to my 2 teenage children that live with us full time?
Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2021

A step-parent can adopt children if the biological parent agrees or is determined to be unfit, however boyfriends and girlfriends have to parental rights to children not their own.

View More Answers

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.