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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Colorado on
Q: Ex wife won't comply to court order, My motions keep getting denid. I just want my name off the mortgage/ loan. Thanx

She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.

1 Answer | Asked in Child Support for Colorado on
Q: Is a Verified Petition for Paternity and Support the 1st complaint filed for Child Support in Colorado?

Asking because my husband was improperly served and not served within 63 days of the time frame to be served from the date the complaint was filed.

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

A petition is the initiating document in a paternity and initial child support action. If he was not timely served, he can move to dismiss.

1 Answer | Asked in Child Custody for Colorado on
Q: Can a parent exercise "vacation time" and just stay home?

My sons dad said they were going to go on vacation and use one week of their vacation time in our parenting plan. He let me know they actually aren't going out of town, but he's still going to keep him for that week. That week interferes with me taking my son to school on his first day,... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

I know of no requirement that a parent go somewhere else for vacation.

1 Answer | Asked in Family Law for Colorado on
Q: Currently on 50/50 parenting time. Ex is refusing to take kids to school on her time. What can be done? Emergency order?

50/50 parenting plan signed in late 2020. EX says she cannot take kids to school due to work and gas.

Lost on what to do. Kids cannot be missing school.

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. Will your ex agree to allow you to have care in order to take them to school? Can they take a school bus? The children do need to attend school. Generally an emergency involves abuse or neglect so it would be best to look at options outside of an emergency... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Can I ask the divorce court to terminate maintenance payment if it enables my ex to harass/stalk me at my residence?

Should I ask the court to terminate my maintenance payment to my ex when he is harassing/stalking me at my residence? He also wants my life insurance policy money which I think it is a threat to my safety. I have a few monthly payments left per separation agreement, however I have missed some... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. Non modifiable means non modifiable. As far as harassment or stalking, you can make a report to the police or if you are in fear of imminent danger could petition for a protection order.

1 Answer | Asked in Divorce for Colorado on
Q: If I am not yet divorced, can my spouse work for the town that I am a trustee for?

We are going through a divorce and the town has now rented a property purchased by us, the town to him for one year. This act caused many problems and turned an amicable divorce ugly with children involved.

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. This question is not covered under domestic relations law. It sounds as though your question may relate to conflict of interest employment issues. You may wish to post in employment law.

1 Answer | Asked in Child Support for Colorado on
Q: So if I just found out that the 15 & 6 yr old kids were actually not mine can I get support from the father? Wife left.

My ex cheated with same guy 15 years now she’s gone and doesn’t even call them. She left me to go and be with him. Now I have been told that they are likely not mine as she has been obsessed with this person her entire life. Now im raising the kids alone and they are off living their fantasy.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

In domestic relations court, child support can only go back to the date of filing. You can file for support and a determination of paternity now. If the children were born during a marriage between you and the mother and/or if your name is on the birth certificates, then you are the presumed father.

1 Answer | Asked in Child Support for Colorado on
Q: Can I change a child support order to claim my child every year if I have full custody in colorado

Support order from 2016 says the other parent can claim every other year if child support is paid in full. This hasn't been an issue because child support hasn't been paid in full at any time since then. I just want to modify the order so that I am the only one who claims the child unless... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

Most parents alternate the tax benefits. You can see if the other parent will agree. You can always ask for a modification, however you would have to justify why it would be in the best interests of the child for you to take the tax benefit each year.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... Read more »

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

Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Can I view my daughters custody decree from Mesa County?
Sabra M. Janko
Sabra M. Janko answered on Jul 9, 2021

Child custody orders are not public records. You could make a request to the relevant courthouse, however it would be up to the judicial system whether they would provide a custody order to a nonparty.

1 Answer | Asked in Family Law for Colorado on
Q: If I want to marry my 3 girlfriends, can I just have a ceremony, and not register under the law, is that still legal?

I'm polyamorous, and I love all 3 of my girlfriends very very much, but ik polyamorous relationships are illegal, but the law says if your married to someone, you cannot legally marry someone else, so how does this affect that law, and could I be charged for it?

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

You can be common law married to one without a ceremony potentially, but not to more than one. For any illegal act, you can be prosecuted. Whether law enforcement would expend efforts to enforce that law is another matter.

1 Answer | Asked in Divorce for Colorado on
Q: hello yes trying to find a lawyer that could help me out to file a divorce been married almost 2 yrs

we have irreconcilable differences that we seem to not agree on therefore i do not want this marriage

Sabra M. Janko
Sabra M. Janko answered on Jun 30, 2021

A family law attorney could handle your case from start to finish to obtain a dissolution/divorce for you.

1 Answer | Asked in Divorce for Colorado on
Q: 2006 got married. Recently for a marriage certificate for my husband 3 months prior to ours what to do now

I got it compared signatures its his

Sabra M. Janko
Sabra M. Janko answered on Jun 30, 2021

Could you clarify the question?

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
Sabra M. Janko answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

3 Answers | Asked in Estate Planning for Colorado on
Q: My mom passed away in 2020. She had a sizable estate and a number of beneficiaries.

Her will stipulates that if any of her children passes away before the final distribution is made, that child's share is divided among the remaining living beneficiaries. Is it possible to put a provision in my will so that if I die before the final distribution is made, my share will go to my... Read more »

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

Your will can not override her will.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

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

Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.

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1 Answer | Asked in Child Custody for Colorado on
Q: my children's father is in the hospital, do I have to send my kids for his time with his wife if he isn't there?

my children hate going there in the first place, the house is always filthy as my ex and his wife leave it a mess and leave it to pile up for our kids to clean it when they have to go to his house. He has been in the hospital for the past few days, my kids absolutely do not want to go. This is... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 14, 2021

I am sorry to hear about your situation. If there is a court order allowing him parenting time, then you have to send the children. If you feel that a modification of parenting time is warranted, then you may be able to request a modification.

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