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answered on Jul 7, 2020
You can ask to have income imputed to them for child support purposes if they are voluntarily unemployed.
We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... View More 
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answered on Jul 7, 2020
You are only eligible for child support from the time that you file a petition for it.
Father also has interstate case I thought. The case worker told me today she had filed two years ago in Texas bc father has never been served and I’ve spent over 10k fighting this. I called Tx OAG and they told me there has never been an active case on either party.. I.e grandmother or fathers... View More
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answered on Jul 7, 2020
It would be important to know more details. The authoritative source would be the child support order and any judgment. That would set forth rights and obligations and any court order for compensation.
He’s on probation for 10 more days his po wont call me back he’s complied with all requests but he’s sneaking out at night he’s getting into trouble with me and I fear he’s only going to get worse. My brother is here from WV and we would all like him to go with him and I need to know how... View More
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answered on Jul 7, 2020
This is really more of a criminal law question and depends on the terms of the probation. Often a person can not leave the state while on probation. This is a question for the PO.
We were never married and we have never done any legal custody stuff, I just let him see her whenever he wants too, which isn’t very often. When I asked he said no just to spite me saying he never wanted her to ever see my family. Do I need his permission or can I take her to meet my dad anyway?... View More
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answered on Jul 7, 2020
Generally unless you have filed for dissolution or an allocation of responsibilities, either parent can travel with a child, however one parent can not withhold a child from the other.
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answered on Jul 7, 2020
You are based on length of time of the marriage, however it will also depend on your incomes.
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answered on Jul 7, 2020
You can file a waiver of service and a response or just a response. The waiver just means that you are waiving your right to formal personal service. If you do not sign the waiver, then the other party has to have you personally served. The Court will still want to hear your thoughts on the... View More
custody. My son's father is an alcoholic and very irresponsible. I don't even want to leave him unsupervised with him. What steps do I need to take next?
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answered on Jul 7, 2020
You would either file for dissolution or an allocation of parental responsibilities depending on if you are married or not.
My family was all living in Colorado. My ex-wife and I got a divorce in 2018 (Colorado Jurisdiction), and she moved back to Chicago, IL with our children. We have joint decision making on everything, and I am supposed to get them every 1st and 3rd weekend of the month, but I have not seen them... View More
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answered on Jun 1, 2020
The state where the child has lived for the last six months is the child's home state for jurisdiction.
Motion to modify in 11/2019. Doesn’t Colorado have a statute against someone filing this much within 2 years? he also filed an emergency motion to restrict parenting, judge ruled in our favor. Is this frivolous behavior accepted by the court?
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answered on Jun 1, 2020
A motion for a change in majority time parenting can be filed every two years, although the initial order does not count towards the time limit. As far as a motion for restriction, more is needed than just the fact that he did not prevail.
Can I file a motion to dismiss if my ex filed another motion to modify parenting tine within the 2 year Colorado statute? In addition he filed an emergency petition to restrict parenting, at the hearing the judge ruled in my favor, basically told him he didn’t know what emergency meant. He is... View More
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answered on May 28, 2020
A motion to modify can be filed in a shortened period of time based on endangerment. It is not clear how the motion to restrict relates to the motion to modify. If sounds as if he may have lost the motion to restrict and is now filing the motion to modify as a second opportunity to allege... View More
A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... View More
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answered on May 28, 2020
If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step... View More
My husband and I have been separated for 2 years now. We don’t have a custody agreement but child support was put into place before we were married. (He has never paid that so it’s come out of my taxes since we’ve been separated) so since we have separated we decided to have our son for two... View More
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answered on May 27, 2020
You can negotiate, mediate or ask the court to decide. You will each have the opportunity to present the parenting plan that you believe would be in the child's best interests and to present evidence to support your positions.
I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... View More
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answered on May 27, 2020
You can respond with evidence that you have not abandoned the child. You also always have the right to file a motion to enforce parenting time or for contempt if the other parent is not complying with a parenting time order.
what does “Pursuant to 4000 et. seq. Of the California Probate Code mean? (She lived and died in CA. I live in CO.)
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answered on May 7, 2020
You will want to receive an opinion from a California attorney if the trust is in California, however a trust has a Trustee and the trustee is the person authorized to administer the trust according to the terms specified by the Grantor.
I emailed notification in writing to landlord and leasing firm within 3 days of signing lease that I was threatened by a man to sign the lease in my name so he could live there. I sent record of this mans criminal felony background. Leasing agent and landlord responded with I had to pay a full year... View More
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answered on May 7, 2020
I am sorry to hear about your situation. Typically a landlord would want to see a protection order against the other occupant on the lease to establish the grounds for release from the lease based on domestic violence. A report of unrelated felonies would not provide sufficient grounds from release... View More
We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... View More
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answered on May 7, 2020
A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA... View More
I enlisted in the army, infantry, just over a year ago. Got deployed, came back. During a period of depression I went to behavioral health and was diagnosed with a bipolar disorder. I didn't behave in any misconduct, I fullfilled my duties so far, but I dont know how to take it anymore. If I... View More
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answered on May 6, 2020
I am sorry to hear about your situation. As for discharge, if your discharge is honorable that will not prevent you from receiving GI benefits if you are eligible based on length of time of service.
We live in Minnesota. His deployment started in December 2019. We signed the lease in April 2020. His deployment is done in September.
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answered on May 6, 2020
Under the Servicemembers Civil Relief Act, he is eligible to cancel a lease contract for a deployment of longer than 90 days. He will need to submit a request with a copy of his orders.
He's held me at gunpoint several times & got arrested for it. I may go into hiding since he's just been released on bond. I want out of the land deal, but the sellers want to keep my $1,000 deposit. They have other buyers waiting to purchase. Sad they want to keep my deposit. Can I... View More
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answered on May 5, 2020
I am sorry to hear about your situation. There are laws that allow a person to cancel a lease if there is evidence of domestic violence, so that the victim does not have to live with the abuser. However a land deal would not require the victim to live with the abuser so may well not fall under the... View More
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