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Questions Answered by John Hyland Barrett III
2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?

We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 7, 2019

In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with... Read more »

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2 Answers | Asked in Contracts, Divorce and Real Estate Law for Colorado on
Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?

Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come after... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 5, 2019

To be safe, you should formally terminate his tenancy. If it is a month to month tenancy, it can be terminated by written notice served at least 21 days before the expiration of the monthly tenancy. There may be other or different terms in the prior lease which should be consulted.

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1 Answer | Asked in Family Law for Colorado on
Q: My wife moved from California where I live, to Colorado with our son and now wants a divorced. What can I do?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 5, 2019

You should get a lawyer here in Colorado to review your situation and advise you how best to proceed.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Can I file for full custody if I don't know were ex is? What is the process to change/modify existing orders?

Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can ask the court to grant you sole decision making and parenting time(custody). This needs to be by filing a motion to modify the existing orders. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can request the court grant you custody on an emergency basis. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Support for Colorado on
Q: After Child support is cancelled by both parties, can one of the parties file again for child support for the future?

none

John Hyland Barrett III
John Hyland Barrett III answered on Oct 17, 2019

The parties can not cancel child support. Only the court can do that. The court can approve an agreement by the parties that modifies child support-even to zero. However that agreement will not be approved unless the court finds that it is compliance with the child support guidelines, or that good... Read more »

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2 Answers | Asked in Family Law for Colorado on
Q: Currently charged with DV which is not settled yet. My wife and I have agreed upon a fair sharing time, which include

Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 14, 2019

You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.

however, be aware...
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2 Answers | Asked in Divorce for Colorado on
Q: Im going through a divorce and have reachd the seattlement they removed spousel support should i take the deal
John Hyland Barrett III
John Hyland Barrett III answered on Oct 7, 2019

It is impossible to advise you about this without knowing all the facts of your financial situation. you should consult with an attorney who can so advise you afte s/he has the information needed to make a recommendation to you.

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2 Answers | Asked in Child Support for Colorado on
Q: Do you continue to pay child support until child is 19 if child lives with you full time when they turn 18?

I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 26, 2019

If the child starts living with you at age 18, you can ask the court to modify child support. The other parent may owe you support at that time. However, you need a court order to do this. The existing order remains in effect until the court changes it. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce for Colorado on
Q: How do i collect money even after a contempt was filled

Was granted retirement (which he cashed in) told he would pay debt in my name that as a couple we accrued. Took to court but never showed. Judge said hold him in contempt but that did nothing. How do i get money from him now that he lives in another state.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2019

You may be able to get a money judgment entered against him in the colorado court. Then you have to domesticate that judgment in the state of his residence in order to garnish his wages there and/or seize his property there. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: My daughter lives in CO and wants to end the relationship with her baby daddy of 10 years and move home to AZ with their

2 boys. Is this allowed per CO law. He is telling her she will not leave state with the boys. They have lived together most of the 10 years.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2019

Once a custody case has been filed, there is an automatic injunction which prohibits both parties from removing the children from the state without permission of the other party or the court. The court will need a good reason to permit removal from the state. Your daughter should get a lawyer to... Read more »

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My son has primary guardianship of his children. His ex tried to get him arrested and has now filed for custody.

She took the kids while he was detained and has now filed for custody and change for parenting plan. He has not been arrested or charged. What should he do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 19, 2019

He needs to file a response to her motion to modify custody. There are deadlines for this. He should get a lawyer to help him with this.

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1 Answer | Asked in Divorce for Colorado on
Q: Do social security payments count toward ‘income’ when the 40%-50% formula is used in determining alimony in Colorado?
John Hyland Barrett III
John Hyland Barrett III answered on Sep 17, 2019

Yes, social security payments would be counted as income.

1 Answer | Asked in Family Law for Colorado on
Q: Ex-spouse recently filed a Motion to Modify Child Support and Parenting Time.

Previous mediation agreement filed with county 18 months ago. No significant income changes, although decreased parenting time on my side. Make support payments every month, yet constantly harassed/threatened with court action. I've done all the right things, by law, what is a good course of... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2019

You need to respond to the motion within 21 days of it's filing. Your reduced parenting time may be a basis for an increase in child support. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Can a person be personal rep knowing that their position as such will benefit them & their family?
John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2019

There is a priority list to decide who becomes the PR. The PR has an obligation to administer the estate in accordance with the law. You should get an attorney if you have concerns about this.

2 Answers | Asked in Child Support for Colorado on
Q: I have a child who is 18 and had dropped out of school, and moved out on his own. He has since moved back and enrolled.

He has re-enrolled in high school but has not been attending. How does this affect child support, as both parents agreed it would stop with him moving out.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 9, 2019

Generally, child support in colorado lasts until the child turns 19 or graduates from high school, if still enrolled. (but not past 21). Child support may terminate upon emancipation. This occurs when the child lives on his own and is self-supporting, marries or enters the armed services. It sounds... Read more »

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I'm going through a divorce that's been getting dragged out with no mediation date getting scheduled. With the case

Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years

John Hyland Barrett III
John Hyland Barrett III answered on Sep 4, 2019

All assets, including your business, are to be valued as of the date of the final decree (or as close to then as possible). Your business may not have much, if any, value since it is so new. You should get a lawyer to help you with this.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Do you have to disclose all credit cards on sworn financial statements?

On a sworn financial statement, do you need to disclose the credit card being used to pay your attorney fees if requesting the other party repay your fees? And if the others party shows negative income on their sworn financial statement.

And if an activity falls on one parties visitation... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 22, 2019

1. Yes, you need to disclose all debt.

2. Showing negative income is common-not really a problem.

3. Generally, each parent can decide on the child's activities during their respective parenting time, but this depends on what activity is involved.

You should get a lawyer to...
Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: I would like to move to another state with my kids. I do have full custody but my ex husband might fight me.

Do I need to file something with the courts in order for me to move? Or get the judge's approval?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 19, 2019

You need to file a motion to relocate with the children. Your ex will have a chance to respond. The court will make the ultimate decision. You should get a lawyer to help you with this.

2 Answers | Asked in Divorce, Child Custody and Child Support for Colorado on
Q: In Colorado, I signed form for wife to take kids to CA, but now she won't allow me any contact. what can I do? Div final

I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 16, 2019

Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.

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