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Questions Answered by John Hyland Barrett III
2 Answers | Asked in Family Law for Colorado on
Q: I need to get an extension on the court ordered date to give my former spouse 50% of the home equity, how can I do that?

The date to give it to her is 1 Sept 2020. We filed a CH7 BR together in Sept 2019 and lenders won't let me do a Refi until 1 year after the CH 7 was discharged. So getting the 50% equity out won't be able to be done until mid Sept - mid Oct. Getting a 45-60 day extension would allow me... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 10, 2020

You can file a motion requesting an extension. You need to confer with her first and state whether she objects.

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2 Answers | Asked in Divorce for Colorado on
Q: Hi. Was married in September 1995, he left in May 2015. 2 children, 18 in November. Am I eligible for maintenance
John Hyland Barrett III
John Hyland Barrett III answered on Jul 7, 2020

This will depend on the respective incomes of the parties. There may also be child support obligations. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Support for Colorado on
Q: Can't find an attorney... Everyone I reach out to says "sorry, not my area of expertise". Child support property liens.

I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 2, 2020

I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: House equity split

My husband originally bought our first house two yrs before we met. We lived there together for 8 yrs and we shared all the bills/ mortgage payment. Then we sold the house and used the profit for the down payment on a new house. Now we are divorcing and I’m buying him out of the current house. I... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 29, 2020

Assuming the current house s titled jointly, it is marital property. Marital property is to be divided "equitably", not necessarily "equally". Equitably means "fairly", considering all relevant circumstances. As part of an equitable division, the court can consider... Read more »

1 Answer | Asked in Banking and Family Law for Colorado on
Q: My mother passed away from Co-Vid 19 recently. I am trying to close her Credit Union Account & IRA. I am the Beneficary

They are saying I can't becuz she has more account. (Which I have no idea of) they say I need more paperwork than Death Certificate.

Something about CRS 15-12-1201 I don't understand it or Pres. Rep. Paperwork Letters. Testamentary or Letters of administration

What does... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 25, 2020

I am truly sorry for your loss.

You may or may not need to go through probate, depending on how much her estate is worth. If it is below the statutory limit, you can do it without probate by using the 15-12-1201 affidavit. If it is over that amount, you will have to do a probate. you should...
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1 Answer | Asked in Contracts and Family Law for Colorado on
Q: How can I have myself removed as a co-signer on my son's car loan when the loan has become deliquent?

He's fallen behind over the past 8 months. He's unemployed and that situation is likely to continue for the next several months. He may have to file for bankruptcy, but,if he files for bankruptcy, will that go on my credit record?

John Hyland Barrett III
John Hyland Barrett III answered on Jun 23, 2020

There is not a way to have yourself removed as co-signer. His BK may not go on your credit report, but the non-payment of the loan will. It probably already has.

1 Answer | Asked in Family Law for Colorado on
Q: I'm in a common law marriage. Do I add my spouse as "wife" or "domestic partner"on beneficiary documents for my 401k?
John Hyland Barrett III
John Hyland Barrett III answered on Jun 23, 2020

If you are married by common law, she is your wife, just as if you had a ceremonial and licensed marriage.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I found out my son's father was at home doing drugs while my son and I were camping. I want him out of the house and ful

custody. My son's father is an alcoholic and very irresponsible. I don't even want to leave him unsupervised with him. What steps do I need to take next?

John Hyland Barrett III
John Hyland Barrett III answered on Jun 18, 2020

You can file an action for Allocation of Parental Responsibilities. The court can then determine parenting time and decision making responsibilities. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce for Colorado on
Q: Is there a way to retrieve my childhood belongings from my dad's ex-wife?

My dad recently settled (not sure if that's the right word) a divorce from my step-mom of 30 years (I'm 33). She was given the house I grew up in and with that has decided that means everything in the house is hers now too. After the lengthy and painful divorce, my dad just wants to move... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 27, 2020

It sounds like those items belong to either your father or his now ex-wife. Entitlement to those items is goverened by the divorce decree. If your father does not want to pursue it, it may be that your only recourse is to appeal to her good nature. Good luck with that.

2 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can a step parent adopt my child after ex refuses visitation and contact with my child? I have proof of my attempts.

I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 27, 2020

Your child may be eligible for adoption if the court finds you have failed to have contact with or provide support for the child for a one year period. You need to file a response to the motion and be prepared to present evidence in court of your efforts to maintain a parental relation with the... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Is temporary guardianship in Colorado a private agreement or do you need a court order?
John Hyland Barrett III
John Hyland Barrett III answered on May 26, 2020

A formal temporary guardianship requires a court order. However, a parent may delegate parental responsibilities for a 1 year period without a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Family Law, Child Support and Social Security for Colorado on
Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 20, 2020

This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Terminate Parental Rights

I am divorced and have a custody agreement in place. My ex has not visited my daughter nor contacted her in almost 8 years. He has not paid child support for the past 4 years. Can I file to terminate his parental rights? My daughter is almost 13 and I have talked with her about it and she wants it... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 19, 2020

Generally, you can only "terminate parental rights" in the context of a step-parent adoption. So, if your husband wants to adopt your child, it is necessary to terminate the parent-child relationship between your daughter and her father. You may have grounds to do so based on what you... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: I have a current child support order in Oregon. My ex is asking for a support order review. What happens?

What happens if I do not fill out information papers? She has over $20,000 in back payments and continuely hides from the state. I continue to provide the state with my up to date info and submitted paperwork to prove insurance coverage for the kids already this year. If they choose to adjust her... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 19, 2020

This depends on Oregon law. However, in Colorado, a modification would not affect the back payments due. You should get a lawyer to help you with this.

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 13, 2020

You can ask the court for permission to decline to produce the records. The court will have to decide whether you are legally required to do so. You should get your own lawyer (separate from your husband's lawyer) to help you with this.

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1 Answer | Asked in Divorce, Estate Planning and Family Law for Colorado on
Q: Does the revocation-on-divorce statute still apply if the divorce decree was set aside?

The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 12, 2020

I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Hearing is in 6 days and my ex just now got a lawyer. We already had our pre hearing in April. Is that allowed?

We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 7, 2020

There is no problem with her getting a lawyer now. The issue may be if they request a continuance so the new lawyer can get up to speed. You may want to get a lawyer also.

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1 Answer | Asked in Collections for Colorado on
Q: i do not know who to turn to in my situation.divorce/credit card fraud

without my consent and the collection agencies are coming after me.is this a small claims court? is this a divorce issue?? is this a fraudalaunt? is this criminal? please help

John Hyland Barrett III
John Hyland Barrett III answered on May 4, 2020

It may be a criminal matter if credit cards were really opened without your knowledge/consent. You can report this to the local police. If this was done by your spouse, you can also deal with it in the divorce. You should get a lawyer to help you with this.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Hello I lost custody of my daughter about 4 yrs ago because I got into some trouble .( Never in trouble before this)

I've been clean , her father and I get along and he said he will sign whatever he need to give me back my parental rights. Could you tell me , What papers do I need to file with the courts. what's steps do I take to get my parental rights back. Thank you

John Hyland Barrett III
John Hyland Barrett III answered on Apr 29, 2020

If this was done in a divorce or parental responsibility case, you and her father can file a stipulation to modify parental responsibilities/custody. The court will probably approve that. If this was a dependency and neglect case, you will also need approval by the county department of social... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: Ex had 6 years to sell refinance per divorce decree past 6 years what’s my options she is selling so I get half of prof?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 22, 2020

This depends on exactly what the divorce decree says. Do you get half of the profit or does she just need to refi/sell? You should consult with an attorney to review your paperwork and advise you how best to proceed.

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