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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now
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answered on Aug 17, 2023

You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

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answered on Aug 4, 2023

Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.

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1 Answer | Asked in Divorce for Colorado on
Q: I have been separated for 5 months and no longer living in the home. Am I legally responsible for half the mortgage.
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answered on Jun 3, 2023

You legal liability arises in the mortgage agreement with the bank if you are on the loan. If you have filed for legal separation or dissolution, under Colorado law then you are expected to maintain the status quo as established during the marriage with regards to payments.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: What happens with the extra money child support takes from your checks when you're paid an 3rd check that month?

If you are ordered to pay $500 in child support and they garnish your checks $250 biweekly to pay it occasionally you get a 3rd check a month and they garnish that one too. That brings you to paying $750 that month. What happens to that extra money and is it even legal to take more than the court... View More

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answered on May 11, 2023

It sound like you may have arrears and the third paycheck is being garnished for that reason. You would have to ask Child Support Enforcement. They can provide you with a transcript.

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Would a finalized, sealed divorce decree in CO affect me getting married?

My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... View More

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answered on Apr 24, 2023

It is not common that a divorce decree would be sealed so you have to find out why he believes his decree is sealed. If the Office of Vital Statistics can not see the divorce decree, and can only see the marriage certificate, then that could prevent a marriage. Though I am not sure what set of... View More

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2 Answers | Asked in Divorce for Colorado on
Q: How to address inconsistancies in other parties Sworn Financial statement. Not provided pertinent supporting docs
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answered on Apr 8, 2023

Send a deficiency notice stating what is missing. If still not provided, request a status conference with the court.

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Colorado on
Q: What is a reasonable time for one parent to submit receipts/statements to request reimbursement for extraordinary expens

There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.

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answered on Apr 6, 2023

That sounds like a pain and that the other parent is not being reasonable. The remedy is to request a provision that if receipts are not submitted within a certain period of time that reimbursement is waived.

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1 Answer | Asked in Family Law for Colorado on
Q: what if i was lead to believe i was the father of a child and it turns out that I am not? and it is later than 5 years
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answered on Apr 5, 2023

What was the harm? You have to start there to see if there is a remedy.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally be forced to communicate with the mother of my children? They are 18, 16, 11. We have joint custody.

She has filed a no contact order and I signed it, but it has exceptions. Mainly, that we can communicate via a specific app and only if it is in the best interests of the children. Since signing that I have sent several messages concerning the children. One about who should tell them there is a no... View More

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answered on Apr 4, 2023

You have to comply with the order. Generally they are phrased in terms of allowing discussions pertaining to the children.

1 Answer | Asked in Divorce for Colorado on
Q: Can my wife file child support on me if she left me and started talking and having sex with someone we’re still married

My wife left me and started talking to someone else and having sex with them while I moved out cause I knew something was going on but I still was paying half the bills until I found out about her affair so now she’s talking about putting me on child support but I get my kids for half every week... View More

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answered on Apr 4, 2023

Child support is the right of the child so she can request that you pay child support.

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my ex who im still married to keep my kids from me even if only one of the 2 are his biologically
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answered on Apr 4, 2023

He can only keep the biological child from you if he believes that you are endangering the child. In that case, if you disagree, you will want to file for child custody or file for a modification if you already have a custody order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My partner's ex wife breaks the parenting plan only when it is "convenient" for her. Does this null and void the plan.

The father of the child agreed to terms for fear of losing his child. 5 years later, the mother of the child does not enforce the parenting plan, and encourages the plan to be broken ESPECIALLY when it is in her benefit.

EX: Father is to have supervised visits. The mother of the child,... View More

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answered on Mar 25, 2023

A parent's failure to comply does not void the court order. Either party can move to enforce the order with the court. Unless Mother has sole decision making, Father should have direct access to medical and educational records.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: If a parent can’t make it to every appointment, can they ask a step parent to go in their place?
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answered on Mar 9, 2023

Generally yes, however it depends on what your court order says. generally a fit parent can delegate care to others of his or her choosing.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

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answered on Mar 8, 2023

The legal standard is the best interests of the child and child support and parenting time are separate matters.

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5 Answers | Asked in Family Law, Immigration Law and Personal Injury for Colorado on
Q: Colorado can you petition for a jury trial in divorce
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answered on Mar 8, 2023

There are no jury trials in domestic relations court.

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2 Answers | Asked in Family Law for Colorado on
Q: If you have Sole decision making, and the other parent only gets supervised visitation, can you move out of state?
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answered on Mar 8, 2023

Relocation is a completely separate matter. You have to have consent or a court order to relocate.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What is the legal term when a parent gets a quick/rushed custody order, as the child is in danger with the other parent
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answered on Mar 7, 2023

That is an emergency hearing. The allegations have to show the the child is in imminent danger. If these allegations are met, a hearing is set within 14 days.

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1 Answer | Asked in Child Custody for Colorado on
Q: I had a permanent orders hearing for custody of my son back in January, but no orders have been put in writing yet and

It is now march, what can I do about this?

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answered on Mar 4, 2023

The court is on its own timeline so you can not compel a faster order. It may be that there is a minute order, an informal order, in the case file that can be obtained earlier. You could also call the court clerk to see if you can find out any information.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does Order:Motion to Modify The motion/proposed order attached hereto: SO ORDERED. Mean

I filed to modify child support and this what the judge ordered

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answered on Mar 2, 2023

Most likely it means that your request was granted. However without seeing the order it is hard to say. Each courthouse has a self represented litigants center. They might be able to help you.

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Are daycare expenses expected to come out of a child support payment in Colorado?

My ex is asking for extra money to pay for daycare fees. I am already paying child support. Am I expected to pay for half the daycare expenses too? My child is in the state of Colorado

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answered on Mar 2, 2023

Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.

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