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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: What do I do I have a paternity mediation out of state and just found out,I'm a victim of domestic abuse while pregnant

I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it

Please help i.am afraid of... View More

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answered on Oct 31, 2022

I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Can I stop child support payments if I'm overpaid?

I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... View More

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answered on Oct 27, 2022

It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... View More

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I paid child support with my monthly agreement made them all on time and still they suspended my license ?

Have a monthly agreement to pay a certain amount every month I have kept to my agreement but this is the 3rd time now they have suspended my license forcing my husband that has no obligation to my child support to pay for my reinstated again. Now he won't pay it cuz it just keeps getting... View More

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answered on Oct 25, 2022

personallyIt sounds like there may be some agreement that might contradict a court order. You have to pay the court ordered amount. If you have a substantial and continuing change of circumstances, then you can move to modify the child support ongoing amount. You just have to show your proof of... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I just need to know which papers to fill out for a divorce or legal separation

We own a home and have a minor child together

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answered on Oct 25, 2022

You fill out a petition, summons and case information sheet to start and the clerk can assist you with the summons. You then file and have those documents personally served on the other party.

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Child Custody for Colorado on
Q: after contempt of court is in effect what else can you do to get your child back

can i suspend visitation or put in an emergency restrict of parenting time motion into the court? my son is 13 and refuses to come home because his dad told him that iam a fellon, which is true however this dosen't effect my parenting our son, I was a fellon when we had our child it was never... View More

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answered on Dec 28, 2023

I am sorry to hear about your situation. You do not have the authority to restrict another party's court-ordered parenting time absent safety concerns that you can support with evidence and even then you would have to request a modified order from the court related to that.

1 Answer | Asked in Family Law for Colorado on
Q: I had restrictions put on my parenting time, if I follow all of the mediations set forth,how long before removal?

Child abuse case stemming from alcohol abuse. Parent was able to document bruises and marks NOT CAUSED BY ABUSE but by a 3 year old playing like a 3 year old does.. wobbly and wobbly... and more wobbly.. causing some normal wear and tear on her body, but nothing EVER in the way of a hit or punch or... View More

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answered on Nov 30, 2023

If this was a restriction in domestic relations court, then you can file a motion to modify parenting time and decision making. You will have to satisfy the court that the child is not in danger due to your actions or environmental situation.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: My wife passed away in 2021. I just got remarried. How does my new wife adopt the kids? In case something happens to me.
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answered on Nov 30, 2023

I am sorry to hear about your wife. Your new wife can adopt the children through a stepparent adoption.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When a temporary court order is vacated does the original order go back in place?

My child's father and I have had a parenting plan filed with the court since 2011 where I am the custodial parent and he gets visitation every other weekend. After an argument I had with my 18 year old my son went to his father's and was not returned. After being gone for 3 weeks his... View More

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answered on Nov 26, 2023

If the court completely vacated the temporary restriction, then the original order goes back into place. However sometimes the court will vacate the restriction but implement new provisions so you want to make sure that you completely understand any order that was a result of the emergency motion.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I have paid the mortgage for 7 years while my husband didn't contribute. Do I need to split the house 50/50 in divorce?

I bought the house in my name. He has never been on the title. I paid the mortgage all 7 years. I have paid all the utilities and he has given me cash for the last 5 years, in an amount that didn't cover all utility costs. I was primarily responsible for all inside cleaning and projects. He... View More

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answered on Oct 25, 2023

Funds earned during the marriage are marital funds regardless of which party earns them or pays expenses with them. Unless you paid with funds that you had earned prior to the marriage and kept those funds in a separate bank account throughout the marriage then each of you have an equitable... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Will a Colorado judge order a noncustodial parent to purchase a vehicle and cover the cost of car insurance for a child

Non-custodial parent lives out of state and has no contact with child. Parenting plan does not outline any agreement in regards to providing child with a vehicle. Custodial parent is demanding a car be purchased or else “the court will order it be purchased”

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answered on Oct 25, 2023

It is not very likely that a court would order a parent to purchase a vehicle or to cover vehicle insurance alone, however at least one court has previously ordered a sharing of vehicle insurance for a teenager. It is not common for a court to order a parent to purchase an item.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If I get child support from my kids dad and I've had her always but never had custody arrangements can he come take her

I've had her her whole 6 years of her life, he's had her stay the night once. He pays me child support through the county. Her address is my address, all of her stuff is here and she doesn't want to go.

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answered on Oct 9, 2023

It sounds like you need an allocation of parental responsibilities (child custody) order. Without one either of you have access to the child. The fact that he pays support does not give him a superior right to the child.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: can I get my money back for a car that was always a gift?

I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More

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answered on Oct 1, 2023

It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: the father of my child never got legitimize moved of state for better Medical care for a relapse of multiple sclerosis

Since I’ve been in Colorado state, after visiting the child’s father has filed for the legitimization, sole custody and child support in the county where he resides . I was served a hand delivered summons of him requesting legitimization, sole custody and child support . The summons that I... View More

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answered on Sep 30, 2023

He would have filed a petition or motion to which you have 21 or 35 days to respond depending whether you are in state or out of state. This is where you can provide your position about anything that you believe is wrong about his information.

1 Answer | Asked in Family Law for Colorado on
Q: Is there a time limit for temporary orders in an APR case?
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answered on Sep 30, 2023

Generally a temporary orders hearing is requested at the initial status conference. After request, it is scheduled within 60 days. Each county differs in how much time it takes for the hearing to be set.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: In the middle of custody trial, ex asked for primary custody.

I have maintained primary for 10 years (our son's entire life). We live in different states and I was given primary interim custody. I have no personal issues or concerns and have always been a great parent. Our son is doing great. What is the likelihood the judge would entertain his request... View More

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answered on Sep 14, 2023

If there is already a court order, unless you have relocated since the last order, he would have to show endangerment to change primary parenting time.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: i am looking for the correct "vehicle" In regards to Motion to dismiss___?____

Based on inaccurate, misleading affidavit for arrest warrant. The call to 911 was very inaccurate. Witness statements contradicting themself. police filled in part of victim statement form, to appear as if she filled part the refused the rest. (refused entirely) Officer called left message then... View More

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answered on Sep 12, 2023

Your remedy is to contest the credibility of the investigation in court. The fact that you do not agree with how the investigation was conducted is not grounds for a motion to dismiss.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do you proceed to petition for a reversal of a legal separation decree?
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answered on Sep 12, 2023

Once the decree is issued, it can not be reversed. You can only move to dissolve the marriage. Then if the purpose of your question is that you want to be married, you can get married again.

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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