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Should I repay the HELOC borrowing back to avoid commingling? With non-marital funds or thru regular wages?
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answered on Sep 25, 2022
It would be important to know what the non marital asset was, when it was acquired and whether it appreciated in value during the marriage, creating a marital interest in the increase in value.
However, generally to borrow from a marital asset during the marriage, it is necessary to have... View More 
I requested waiver from mediation due to psychological abuse. The Court denied the motion.
CRS 13-22-311 (1): "Any court of record may... refer any case for mediation services or dispute resolution programs... except that the court shall not refer the case to mediation services or... View More
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answered on Sep 24, 2022
Courts have a lot of discretion and with psychological abuse likely you did not hav a protection order and the Court found the other parties testimony on the point more credible. It does not appear that you have a slam dunk case. You can not introduce new evidence and you have to allege an error of... View More
Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her
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answered on Sep 18, 2022
You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.
It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.
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answered on Sep 15, 2022
Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.
My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... View More
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answered on Sep 12, 2022
Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be... View More
Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?
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answered on Sep 9, 2022
It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.
My child’s father and I have 50/50. Currently he is ordered to pay $350 a month in child support. Recently my sons father married and had a child with his wife and adopted her teenage daughter (not biological his). He requested to modify child support based on fathering 2 children and the child... View More
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answered on Aug 29, 2022
Yes, in Colorado. In some states children born or adopted after the initial support order do not make the payor eligible for. credit.
My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and all equity in it approximately $400k. I had to wait until he became old enough to obtain early retirement before I could claim on the pension. That's why I had to wait the 6... View More
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answered on Aug 24, 2022
You can only enforce what the court order says. It can not be changed after the fact. However, if something is happening that conflicts with the agreement, you can enforce it.
File for change of parental responsibility? On arrival, I recorded our conversation for proof that this is his decision.
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answered on Aug 24, 2022
You can move to modify. You are also entitled to a retroactive change in child support for an agreed-upon change of parenting time.
My ex wife and I agreed to no child support over 12 years ago (she would have owed me $350/month). About 5 years ago she voluntarily quit her job to start her own business and it has caused a reduction in income and she lives with her boyfriend that mostly supports her. Can she make a modification... View More
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answered on Aug 22, 2022
Yes, but you can argue that she should be imputed a higher income.
Is the therapist required to read and interpret parenting plans? Who holds the liability if they aren't followed, the parents or the therapist?
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answered on Aug 13, 2022
The therapist is not required to enforce the law, and is entitled to rely on a representation made by a parent. Only one parent has to consent to therapy unless a parenting plan specifically states otherwise, which would be rare.
He struggles in school, with peers and teachers, at home, he is very compulsive, and can’t not build relationships with peers because of his disorder.
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answered on Aug 5, 2022
It is not neglect. Parents have authority to determine medical care for their children. There are many parents who prefer alternative approaches, such as nutrition, exercise, therapy, coaching etc.
I’m involved in a child custody case, which just went to final orders hearing 2 days ago tho we have a month until orders are issued ...where I have proof that the plaintiff (father) as well as my stepfather (bc my mom and stepfather are trying to gain custody of my child for my... View More
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answered on Aug 5, 2022
The hard reality is that you have one bite at the apple. The Court will not rehear the case to hear evidence that could have previously been presented. Otherwise there would be no finality, and cases could never end.
I have a lot to say during our upcoming finals order hearing..I am pro se. but I won’t have time to memorize it its very detailed/technical and extensive. Will Ibe allowed to read from a sheet of paper this content that Ineed to share to our Judge? And if not, would note cards be allowed? Also, I... View More
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answered on Aug 1, 2022
You will have to testify without reading anything. There are rules that allow you to introduce a writing into evidence and read from it if you have to refresh your recollection.
I agreed to pay her for our house using a QDRO, now she want cash instead of having the money go to her retirement account and wants me to pay all the penalties and taxes. She agreed to the QDRO transfer in our agreement. Can she file to change the terms?
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answered on Jul 28, 2022
Property settlements are generally final. If the Court issued the agreement as an order, then she can request to change it in only limited circumstances such as fraud on material nondisclosure.
My daughter is going to be one year old next month. Her father and I already have a court order and it states that he’s supposed to get her every other weekend. However he hasn’t followed it since it was put in place and he even moved states. His parents ask to see her and I allow them to, I... View More
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answered on Jul 26, 2022
If they have provided substantial care to her for six months out of the past year they would have standing to request parenting time. The care has to be more than babysitting.
Mom has been in and out of prison and hardly sees the kids. Dad is in prison currently. Grandma has been caring for kids all by herself. With no help from either parent.
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answered on Jul 26, 2022
You can file a Motion For Allocation of Parental Responsibilities. You have standing if you have cared for the children for five years in a substantial way.
My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that... View More
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answered on Jul 26, 2022
It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone... View More
My mother in law is trying to get custody of her grandkids. One parent is MIA and the other is in prison. What paper work gets it going?
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answered on Jul 25, 2022
It depends in whose custody the children are currently and what involvement the grandparents have had.
State of Colorado. Also if the social security benefits have not been applied for can they still be garnished. Ex husband just turned 60. He is hiding out in the Philippines. I dont know if he will ever apply to draw social security benifits. But he paid in for years. Is more that 311... View More
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answered on Jul 17, 2022
Social security wages can not be garnished if they are not being received. As for the form, you would have to bring a court action and use the state forms for garnishment. Additionally you would have to serve Husband with notice of the proceeding under the service rules of the overseas country.... View More
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