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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my daughter gets her GED and moves in with me, do I still pay her father child support?

My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce question

We have a house in both our names, I have the mortgage alone. I want to buy her out and keep the house, she wants to sell and split the proceeds. Who wins this?

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

A judge could go either way on this. There is no good reason for her to take that position IF the pay out to her would be the same. If there is a dispute regarding the value of the house, the judge could decide to order a sale. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Domestic Violence for Colorado on
Q: no custody arrangments, im now out of state my ex has child is reg. SO. what can i do to see that I get time with my son

i have no $ because it goes to child support

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2020

You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.

1 Answer | Asked in Divorce for Colorado on
Q: Is it legal for my husband to have his sister sign and mail his response for service form 1103?

I filed for divorce on September 2, 2020. My husband mailed the paperwork to his sister in Texas who then filed in the blanks, signed and mailed to me. I will assume that a response was also sent to the court.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 14, 2020

No, this needs to be signed by your husband. You can have it stricken.

1 Answer | Asked in Divorce for Colorado on
Q: My ex who moved out it trying to gain "use of the martial home" after moving out. I have 2 non-marital kids who dont

Want him there because he abandoned them. What can i do to prevent this?? Again my girls are not his kids and he moved out of his own free will prior to the divorce paperwork being filed.

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

Use of the marital residence can be decided by the court. The facts you present should be considered in making that determination. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Going through divorce, husband wants to buy me out of our home. In Colorado can you include broker fees?

We agree on the homes value, and minus the mortgage, can you subtract what the potential broker fees would have been from the equity?

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

You can deduct broker fees if you have an agreement to do so. If you do not have an agreement, the court will usually not do so unless it appears the property will actually be sold soon.

1 Answer | Asked in Divorce for Colorado on
Q: My wife and I live in different states. Who should file for divorce, and in which state?

My wife and I were married in Georgia in 2011. We moved to Illinois after getting married, and lived there together until separating in 2017. In 2018, my wife moved to Pennsylvania. I've just moved to Colorado less than one month ago. We have no children, and have already settled on splitting... Read more »

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

You can not file in Colorado until you have lived here for 91 days.

1 Answer | Asked in Family Law for Colorado on
Q: My son is visiting me in Colorado his mom said he could stay now she wants him at home with her in Georgia he’s 16 year

Old will be 17 in December saying if he go home he will run away will I be in trouble if he stays with me

John Hyland Barrett III
John Hyland Barrett III answered on Aug 17, 2020

You need to obey the existing custody order. If you feel that order is not in your son's best interest, you need to file a motion to modify it. You should confer with a lawyer about this.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce questions

Deatails

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

Any debt incurred during the marriage is marital .The increase in your 401k that occurred during the marriage is marital property. Marital debt and marital property can be allocated on an "equitable" basis,meaning "fairly". not necessarily equally. You probably will also have to... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: I am representating myself and talking to the oppositions lawyer. Can the opposing lawyer use my emails against me.
John Hyland Barrett III
John Hyland Barrett III answered on Aug 13, 2020

Yes, I would think so. So be mindful of what you put in the email. However, there may be an exception for settlement negotiations. Generally they are not admissible.

1 Answer | Asked in Family Law for Colorado on
Q: What form do I need to fill out for spousal allowance?

The only real property other than the home is a car that my husband put in both his and son's name in an attempt to protect from creditors. He did this without any guidance and was completely wrong about it. His son is trying to take the car, which is the only thing I have to provide... Read more »

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

You can ask for maintenance in the Petition or the Response. You should get a lawyer to help you with this.

2 Answers | Asked in Child Support for Colorado on
Q: I'm so confused.... Is there a statute of limitations on back child support in Colorado? Ordered in 05, exp 12/2015
John Hyland Barrett III
John Hyland Barrett III answered on Aug 7, 2020

Basically, there is a year limitation. It seems that this case is still within the statute. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: My sister has custody of my child (8) and my child has expressed that she wants to live with me. How can I go about

honoring my childs wishes? Without having to make it hard on my child?

John Hyland Barrett III
John Hyland Barrett III answered on Aug 6, 2020

This would need to be approved by the court which granted custody to your sister. How this may happen may depend on exactly why she was granted custody. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce for Colorado on
Q: What is the current interest rate for a state court judgement from a divorce

I was granted the motion ,,, enforce to pay....with compound interest....how much can I get? Is it daily or yearly,,, I forgot to put it in my order,,, so. I'm not sure if I ONLY get to charge annually....

John Hyland Barrett III
John Hyland Barrett III answered on Aug 5, 2020

Generally, interest on maintenance and property division awards id 8% per annum,compounded annually. Interest on child support is 12% per annum,compounded monthly.

1 Answer | Asked in Divorce for Colorado on
Q: Colorado, in a divorce & wife sued by third party, civil suit for cybercrime & defamation. Am I liable to pay her debts?

Undergoing a divorce, had court hearing to go over separation agreement, and she withdrew the agreement it bc she is being sued in civil court (accused of cyberbullying and defamation, 6 counts), she wants to change the separation agreement to state that I have to split her legal fees and any money... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 30, 2020

Your wife's claimed obligations are likely "marital debts" because they were incurred during the marriage. The court can allocate responsibility for those debts "equitably', which means "fairly". You can argue that it is fair to hold her solely responsible for... Read more »

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: 2 days after my son was born my now husbamd was not ny hubby then signed a paternity acknolagement Now he's saying he

Did not apply for his parental right he only stated that he was the father, so now that we're married for 12 years now he says if we divorce he doesnpt uave to pay any thing on our son because he never applied for hos roghts he only aknolaged that he was his, he is also trying to say that... Read more »

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

Your husband will be considered the legal father of your child because he signed an acknowledgment of paternity and took him into his house as his child. He will be responsible for child support and perhaps spousal support as well. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law for Colorado on
Q: Can a reply be filed to court if i received "petitioner's response to motion concerning parenting time disputes"?

Petitioner's lawyer also filed "order:re response to the motion parenting time dispute" with boxes for district court judge to sign basically ask for lawyer fee when i don't have a lawyer. How should i respond to this "order:re"/ can i respond to oppose it?

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

You can file a "Reply' to the Response. You have 7 days to do this. You should get a lawyer to help you with this.

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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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