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Questions Answered by Sabra M. Janko
2 Answers | Asked in Divorce for Colorado on
Q: I recently took a very large pay reduction due to markets. It is possible to reduce my Maintenance and Child support?

I would like to do this without making any other changes to the divorce agreement (i.e. length of terms). I am worried that changing one thing in the settlement will open other areas for negotiation.

Sabra M. Janko
Sabra M. Janko answered on Mar 29, 2020

I am sorry to hear about the income impact. Child support is always modifiable based on substantial and continuing income changes. Maintenance is as well unless the parties have made it nonmodifiable. The key is that the change has to be substantial and continuing. For child support, substantial is... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: I want to revoke a parenting plan.

I filed a parenting plan with my husband last week and have since decided that I would like to go for full custody instead of visitation.

Sabra M. Janko
Sabra M. Janko answered on Mar 26, 2020

It depends on the circumstances of the filing. You may or may not have an opportunity to argue for a deviation with the Court if the plan has not yet been issued as an order. If it has, it depends on the reasons for deviation given that the Court would just recently have issued the order.

2 Answers | Asked in Divorce, Family Law and Sexual Harassment for Colorado on
Q: In Colorado, are there any laws to stop derogatory and verbally abusive behavior from an ex?

Communication has been expressly limited to TalkingParents.com between my ex husband and myself. I have the records available to me for evidence, and he uses TalkingParents for this communication. He takes every opportunity to call me many names, all which have to do with him implying that I have... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 26, 2020

I agree with the last answer, however if his use of profanity and insults is frequent enough, you may have grounds for a protection order as it can constitute harassment. Although it is easier to obtain a protection order based on physical harm, the statute does provide for emotional forms of harm... Read more »

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2 Answers | Asked in Child Support and Divorce for Colorado on
Q: Can a dad modify alimony and child/sup on his own terms bc of own temporary salary reduction when other parent jobles
Sabra M. Janko
Sabra M. Janko answered on Mar 26, 2020

I agree with the last answer. If your ex is not meeting the terms of the court order, you can file a motion for contempt.

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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Family Law and Tax Law for Colorado on
Q: I believe my baby’s father claimed our kid this year for taxes and my tax form was rejected by the IRS

It was also my year to claim our kid upon the court ordered agreements.

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. You could ask your ex to amend the tax return and if not , then you can file a motion for contempt of court for a failure to comply with the court order.

2 Answers | Asked in Employment Law and Family Law for Colorado on
Q: I can't seem to find anything on common law marriage in Colorado other than age restrictions.

I am looking for something that explains if its legally binding

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I agree with the last answer. Here is a court case that you can take a look at in order to understand how Colorado looks at common law marriage.

People v. Lucero, 747 P.2d 660, 663 (Colo. 1987)

It sets forth that "a common law marriage is established by the mutual consent or...
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2 Answers | Asked in Divorce for Colorado on
Q: my question is I bought my house when I was single and I need to refinance my house now So I don't loose it.

if I do refinance before I'm Legally divorced is that considered maritial property and will he be entitled to half of the house? I Live in Colorado Thank you So much for your time...

Sabra M. Janko
Sabra M. Janko answered on Mar 20, 2020

I agree with the last answer. Your spouse has an interest in the appreciation of the value of the house from the time of marriage to the present regardless of whether you refinance or not.

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1 Answer | Asked in Child Custody for Colorado on
Q: Can noncustodial parent visit a child at school, or restrict when noncustodial parent can visit the child at school?

I'm in Colorado. Ex is primary custodian and has decision making. The court has reiterated my right to access info several times. The school blocked me from seeing my child at school based on my ex's wishes. The court has already found my ex to be alienating me from our child. Can they block me... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 15, 2020

I am sorry about your situation. An attorney would have to know more about your case. A situation where the Court has found your ex to be alienating the child from you, while simultaneously awarded your ex sole-decision making authority would be inconsistent. Likely there are more facts that are... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: I’m thinking about separating from my husband. We have a 3-year-old son, can I take him with me in state?

What are my rights to my son and what are my husband’s, without a court order? I have been my son’s primary caretaker since birth and work from home. My husband works an hour away from the home. Can he take my son from me if I leave?

Sabra M. Janko
Sabra M. Janko answered on Mar 15, 2020

I am sorry to hear about this. Either parent may take the child elsewhere in the absence of a court order, however that parent can not withhold the child from the other parent. You should obtain a court order for allocation of responsibilities if you and the father disagree about the location of... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: I have a legal separation from NYS- in 2015.. it is not a decree. Can I use that in a divorce I start in CO?

We are amicable, have already dividied assets, have no kids,

Do we still have to do a mandatory reporting to one another?

Can I do this process myself or better w an atty ?

Sabra M. Janko
Sabra M. Janko answered on Mar 15, 2020

It is always best to have someone who knows the court system and the rules of evidence if possible. An attorney would have to review your legal separation document, particularly since it is not a court order. Mandatory reporting is required in Colorado for dissolution.

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1 Answer | Asked in Family Law for Colorado on
Q: Who is covered by a temporary automatic injunction?

We have a case for allocation of parental responsibilities in Colorado (Adams County). Does this injunction cover the minor child as well as the petitioner and respondent?

Sabra M. Janko
Sabra M. Janko answered on Mar 7, 2020

The injunction prohibits the parties from taking certain actions such as removing the child from the state.

1 Answer | Asked in Family Law for Colorado on
Q: Mother in law condo was sold in Oct. Taxes were given to accountant Jan 4. Still not done. What legal recourse do I have

This is my sister in law handling it. And tax accountant is her brother in law

Sabra M. Janko
Sabra M. Janko answered on Mar 7, 2020

What recourse you have may depend on whether you had any interest in the sale of the home. An attorney would have to know more about the situation to comment.

1 Answer | Asked in Child Custody for Colorado on
Q: Can the judge in a custody battle give out the petitioners criminal history to the other party?
Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2020

That is a good question. Felonies are relevant in court proceedings.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I have custody of my 9 yo son. I found out through paternity testing he is not mine. Do I have to tell his mom/court

Am I legally obligated to share this information with his mom or the court? What are the possible repercussions under this type of circumstance? I have always been a part of his life and he lives with me throughout the school year. We were married when he was born so I am on the birth certificate.

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2020

You are the presumed Father and the psychological parent so there is no obligation to share the information.

2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

my father is still my legal guardian

he has pointed a gun at me before

he has beaten my mother in front of me

I am terrified of him

he is diagnosed with anti social personality disorder (he's a sociopath)

he refuses to give me my legal documents SSA, Birth... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2020

I am sorry to hear about your situation. You could speak with a school counselor who might report the situation or ask your Mother to obtain a protection order for you and her.

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1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I'm i able to ask for sole custody if i can prove to the court that the dad has been abusive to the kids and myself?

The kids are 10, 7 and 4 years old.

Father has continued to make this procesd very difficult.

Sabra M. Janko
Sabra M. Janko answered on Mar 3, 2020

Yes, courts will often award sole decision making to a parent who has been the subject of domestic violence. If you can establish child abuse on his part, then you can ask for restrictions on his time with the children.

1 Answer | Asked in Divorce for Colorado on
Q: If I married someone in the Court house but never changed last name or filed is it a legal marriage?

He is common law with someone else

Sabra M. Janko
Sabra M. Janko answered on Mar 3, 2020

You would have to file paperwork for a traditional marriage. However if you had a marriage ceremony, the other party may be able to claim common law marriage.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: After 2 years of being absent from a child's life, does the absent parent still have the right to come take the child?

My son is 4 and he has special needs. He has autism, global developmental delay, and Jacobs syndrome. I’ve been the only parent taking care of him for the past 2 years. His dad has been In another state. My son doesn’t even know him anymore. Can he just come take him from me because their is no... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 3, 2020

You should file a motion for allocation of parental responsibilities. If possible, you should have an attorney to assit you in this to advocate for you and the child.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

Sabra M. Janko
Sabra M. Janko answered on Mar 1, 2020

It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.

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