We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... View More 
answered on Jan 27, 2023
You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... View More
answered on Jan 27, 2023
From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.
First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there... View More
She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... View More
answered on Jan 25, 2023
The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.
That does not,... View More
My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... View More
answered on Jan 25, 2023
If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.
If that is the case, then no, she cannot legally... View More
In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... View More
answered on Jan 25, 2023
If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.
Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring... View More
My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old
answered on Jan 25, 2023
The answer to this is essentially a 2 part answer.
First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any... View More
How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.
answered on Jan 25, 2023
This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... View More
Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... View More
answered on Jan 24, 2023
First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.
This is a really... View More
Come to find out cousin wired herself the money from a 1st bank of colorado to New York where she lives. How do I start the process of prosecuting? It was only about $6000 but it was my daughter’s .
answered on Dec 28, 2022
There is not enough information here to be able to provide an answer. I can provide some general information based on some possible scenarios.
The first question is what the cousin's legal status was in regard to "being in charge of" the bank account. Depending on the... View More
If family court ordered mediation and the mediator only filed the form stating mediation was complete and the co-petitioner will be responsible for filing the signed agreement, is there a certain time frame that agreement needs to be filed in before the courts will no longer accept the request to... View More
answered on Dec 28, 2022
There is not a specific time frame after which the court will not accept the signed mediation agreement and approve it. That is a matter of the judge's own discretion. Different judges choose to handle that situation differently. The judge is aware that this is unresolved on their docket.... View More
There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... View More
answered on Dec 28, 2022
From your description of the facts, it seems unlikely that the judge will find you did anything wrong. You attempted to contact him to resolve it. When you went to the house, an adult who resides there let your daughter in, she got her things, and you left. From your description, there was no... View More
father lives seperate. fathers mother has threatened to take son. father barely sees son. father is emotionally and verbally abusive to me. father was barely involved even when living full time with son.
answered on Dec 28, 2022
An underage parent needs a parent/legal guardian to join in the case with them for an allocation of parental responsibilities (APR) case to determine parenting time and decision making. The only exception would be if the underage parent was determined to be emancipated.
The underage... View More
Tried to admit her to the hospital; Behavioral Health for evaluation but she refuses!! Told that I need to get a Court Order because she is an adult. She is seeing things; talking to someone that isn't there; acting like she's taking care of her kids which do not live with us. Yesterday... View More
answered on Dec 28, 2022
I am very sorry that you are going through this.
It can be very difficult to acquire a court order over an adult. I'm not clear on what you want to accomplish with the court order. A guardianship would give you some authority over her, in terms of things like medical decisions and... View More
My ex and I broke up in Feb due to her infidelity. We had a lease together and she walked out on it. One day I got home and all her stuff was gone. A couple months later, she went back and took her mattress and stuff. She left behind a keychain with a key on it. Our lease already ended , she knew... View More
answered on Dec 28, 2022
Clearly, if you are able to find the key, that would solve it.
If you cannot find the key, however, I think it will be very difficult for her to prove any liability on your part. It is easy to file a lawsuit, so she could definitely file a suit against you. Once she's filed, however,... View More
Her recovery is not going well and she might not leave the hospital. As the executor do I have a fiduciary responsibility to file a claim with the building owner's insurance company to protect her estate from the mounting medical bills?
answered on Dec 28, 2022
First, I am very sorry to hear this happened to your mother. That is a difficult situation, even without the legal implications.
At this time, it is important to keep track of legal roles. An executor, or personal representative, does not have any duties until the person has passed.... View More
Does a Trust need to be created to to have the house transferred to his name? At one point she sold her house without any knowledge of what she did, but we were able to get it reversed given elder abuse from a realtor.
answered on Dec 27, 2022
You don't mention whether your mother-in-law resides in Colorado. The following answer presumes that she does. If she lives in another state, an attorney in that state should be consulted to learn the proper procedure there. If your mother-in-law is no longer capable of making rational... View More
answered on Mar 8, 2023
No. Colorado does not permit jury trials for divorce matters.
This person is my brother-in-law. Just out of prison for his offense. I don't believe my daughter is in any danger but I am curious if I can get in trouble if he shows up to family dinner while we are there.
answered on Dec 28, 2022
My first thought is that your brother-in-law is possibly taking a huge risk to be around any child if he's just out for his offense. He should review all of the restrictions he is under and make sure he's not putting himself at risk. If he is restricted from being around children, he... View More
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