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Questions Answered by Sabra M. Janko
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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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Will Child Support enforcement stop enforcing a CS Order, if both parents agree in writing? This is in Colorado.

Two Children, one has aged out already, the other is turning 18 in August of 2023. He will graduate HS in April of 2023. Both parents agree to stop enforcement of the CS. Will Child Support Enforcement honor this if we both write a letter to Child Support Enforcement?

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answered on Feb 26, 2023

You would have to petition the court to emancipate the child who is your her than 19.

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1 Answer | Asked in Child Custody, Libel & Slander and Family Law for Colorado on
Q: What can I do about my ex turning my kids away from be?

My ex-husband has convinced my children that I was mean, evil, abusive, and negligent to them. He has told them I'm selfish and all I did was party and yell and scream all their lives. He has them so afraid of me they won't even talk to me. He refused and still refuses to discipline them.... View More

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answered on Feb 25, 2023

I am sorry to hear about your situation. If he is violating a court order with regards to parenting time, you can enforce the order. Most parenting plans have an anti disparagement clause and if he is violating that, you can enforce the order.

2 Answers | Asked in Family Law for Colorado on
Q: I am acting as supervisor for visitation between my former son-in-law and my grandson. Questions re location of visit.

I live in Colorado, and so far, the visitations have been in the father's home. My question is, does Colorado law prohibit such visitations from including outings to local places? I would even be the driver of the vehicle, if that is required.

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answered on Feb 13, 2023

The court order is what governs supervised parenting time rather than Colorado law.

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it legal in State of Co. within divorce proceedings ( a 50/50 state) to have one spouse desire to buy out the other

using the bank re-fi value verses the fair market value?

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answered on Feb 13, 2023

Yes. The parties generally agree to the value of the home for the purposes of property division. They are not bound by the refinance appraisal, but can use any other value to which they can agree.

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1 Answer | Asked in Child Custody for Colorado on
Q: Working for a bank do you automatically get help for legal services?

I filed custody for my kids, and their absent dad said he works for a bank so he has more than enough legal help to fight and gets what he wants out of this custody case. Should I believe him? Do I need to get a lawyer as well?

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answered on Feb 4, 2023

Some employers offer prepaid legal services as an employee benefit, however it is not likely that all banks offer this option.

2 Answers | Asked in Divorce for Colorado on
Q: I got divorced, was to have my equity by12/30/22. She is finally selling the house. Do I have any recourse for delay?
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answered on Jan 27, 2023

It depends on how the agreement was drafted and the reason for the delay as well as it caused any prejudice to you. However, courts don't usually get involved in enforcing something that has been completed, even if late. There is no one size fits all answer to the question.

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