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Questions Answered by Sabra M. Janko
1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
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answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Child Support for Colorado on
Q: What to do when no child support order is in place?

Had a combined family support order ( child support and alimony) in place for the last year. It ended with the September 1st payment. I do not want to fall behind or get ordered to pay back child support. But there is no longer an order in place.

Correct me if I am wrong but without an... View More

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answered on Oct 14, 2021

It is unusual that a support order would expire before the age of majority. If you do not have a support order and want one, you can file for an allocation of parental responsibilities in court or you can go through Child Support Enforcement to set up an order though an administrative process.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What can i do when one of my witnesses wants to withdraw from testimony, after being harassed?

Im in Colorado. I i have a final orders hearing in my custody case on oct 13th. Ive entered my witness list and now my babysitter wants to withdraw from being called as a witness because of retaliation from the petitioners family.

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answered on Oct 14, 2021

You can subpoena her which means that she will be in contempt of court if she does not testify and she can report harassment to the police. She can also choose not to respond to contacts from people engaging in harassing behavior. Whether you want to put her in the position of having to testify is... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have a court order to split children for taxes but they spend the majority of the time with me. How do I change that?
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answered on Oct 14, 2021

You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How would I go about terminating parental rights?

There is no father listed on the birth certificate. There is no paternity established or being established.

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answered on Sep 30, 2021

You would have to establish paternity first. Then you would have to have a stepparent available to adopt the child, or you would have to have a finding of abuse or neglect on the art of the other parent and a period of time where the parent would be given the opportunity to rehabilitate.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... View More

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answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Colorado on
Q: Ex wife won't comply to court order, My motions keep getting denid. I just want my name off the mortgage/ loan. Thanx

She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... View More

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answered on Aug 20, 2021

If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.

1 Answer | Asked in Child Support for Colorado on
Q: Is a Verified Petition for Paternity and Support the 1st complaint filed for Child Support in Colorado?

Asking because my husband was improperly served and not served within 63 days of the time frame to be served from the date the complaint was filed.

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answered on Aug 20, 2021

A petition is the initiating document in a paternity and initial child support action. If he was not timely served, he can move to dismiss.

1 Answer | Asked in Child Custody for Colorado on
Q: Can a parent exercise "vacation time" and just stay home?

My sons dad said they were going to go on vacation and use one week of their vacation time in our parenting plan. He let me know they actually aren't going out of town, but he's still going to keep him for that week. That week interferes with me taking my son to school on his first day,... View More

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answered on Aug 20, 2021

I know of no requirement that a parent go somewhere else for vacation.

1 Answer | Asked in Family Law for Colorado on
Q: Currently on 50/50 parenting time. Ex is refusing to take kids to school on her time. What can be done? Emergency order?

50/50 parenting plan signed in late 2020. EX says she cannot take kids to school due to work and gas.

Lost on what to do. Kids cannot be missing school.

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answered on Jul 31, 2021

I am sorry to hear about your situation. Will your ex agree to allow you to have care in order to take them to school? Can they take a school bus? The children do need to attend school. Generally an emergency involves abuse or neglect so it would be best to look at options outside of an emergency... View More

1 Answer | Asked in Family Law for Colorado on
Q: Can I ask the divorce court to terminate maintenance payment if it enables my ex to harass/stalk me at my residence?

Should I ask the court to terminate my maintenance payment to my ex when he is harassing/stalking me at my residence? He also wants my life insurance policy money which I think it is a threat to my safety. I have a few monthly payments left per separation agreement, however I have missed some... View More

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answered on Jul 31, 2021

I am sorry to hear about your situation. Non modifiable means non modifiable. As far as harassment or stalking, you can make a report to the police or if you are in fear of imminent danger could petition for a protection order.

1 Answer | Asked in Divorce for Colorado on
Q: If I am not yet divorced, can my spouse work for the town that I am a trustee for?

We are going through a divorce and the town has now rented a property purchased by us, the town to him for one year. This act caused many problems and turned an amicable divorce ugly with children involved.

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answered on Jul 31, 2021

I am sorry to hear about your situation. This question is not covered under domestic relations law. It sounds as though your question may relate to conflict of interest employment issues. You may wish to post in employment law.

1 Answer | Asked in Child Support for Colorado on
Q: So if I just found out that the 15 & 6 yr old kids were actually not mine can I get support from the father? Wife left.

My ex cheated with same guy 15 years now she’s gone and doesn’t even call them. She left me to go and be with him. Now I have been told that they are likely not mine as she has been obsessed with this person her entire life. Now im raising the kids alone and they are off living their fantasy.... View More

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answered on Jul 31, 2021

In domestic relations court, child support can only go back to the date of filing. You can file for support and a determination of paternity now. If the children were born during a marriage between you and the mother and/or if your name is on the birth certificates, then you are the presumed father.

1 Answer | Asked in Child Support for Colorado on
Q: Can I change a child support order to claim my child every year if I have full custody in colorado

Support order from 2016 says the other parent can claim every other year if child support is paid in full. This hasn't been an issue because child support hasn't been paid in full at any time since then. I just want to modify the order so that I am the only one who claims the child unless... View More

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answered on Jul 24, 2021

Most parents alternate the tax benefits. You can see if the other parent will agree. You can always ask for a modification, however you would have to justify why it would be in the best interests of the child for you to take the tax benefit each year.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... View More

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answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

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answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... View More

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answered on Jul 9, 2021

Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... View More

1 Answer | Asked in Child Custody for Colorado on
Q: Can I view my daughters custody decree from Mesa County?
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answered on Jul 9, 2021

Child custody orders are not public records. You could make a request to the relevant courthouse, however it would be up to the judicial system whether they would provide a custody order to a nonparty.

1 Answer | Asked in Family Law for Colorado on
Q: If I want to marry my 3 girlfriends, can I just have a ceremony, and not register under the law, is that still legal?

I'm polyamorous, and I love all 3 of my girlfriends very very much, but ik polyamorous relationships are illegal, but the law says if your married to someone, you cannot legally marry someone else, so how does this affect that law, and could I be charged for it?

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answered on Jul 1, 2021

You can be common law married to one without a ceremony potentially, but not to more than one. For any illegal act, you can be prosecuted. Whether law enforcement would expend efforts to enforce that law is another matter.

1 Answer | Asked in Divorce for Colorado on
Q: hello yes trying to find a lawyer that could help me out to file a divorce been married almost 2 yrs

we have irreconcilable differences that we seem to not agree on therefore i do not want this marriage

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answered on Jun 30, 2021

A family law attorney could handle your case from start to finish to obtain a dissolution/divorce for you.

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