Questions Answered by John Hyland Barrett III

Q: If my spouse and I agree on how we will handle our property in a divorce do we have to present it to the court?

1 Answer | Asked in Divorce for Colorado on
Answered on Jan 11, 2019
John Hyland Barrett III's answer
You are required to make full financial disclosure to the court. The court is being asked to approve your settlement and make it a court order. That requires the court to make a finding that your agreement is fair and reasonable.

Q: Can unpaid health insurance reimbursement in support order, be included in Verified Entry of Support Judgment in CO?

1 Answer | Asked in Child Support for Colorado on
Answered on Dec 31, 2018
John Hyland Barrett III's answer
You may be able to do it IF the order states the amount of health insurance reimbursement. Otherwise, you can file a motion for entry of judgment. He can respond and the court may set a hearing. you should retain an attorney for this.

Q: my son's dad wont agree to the child support calculator based upon his income wages will the judge tell him different?

1 Answer | Asked in Child Support for Colorado on
Answered on Dec 31, 2018
John Hyland Barrett III's answer
The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.

Q: The mother of my stepchild is currently not letting see him. We have a parenting plan in place, but still refuses.

1 Answer | Asked in Family Law for Colorado on
Answered on Dec 7, 2018
John Hyland Barrett III's answer
The father needs to enforce the terms of the parenting plan. He should hire an attorney for this. He should not let a lot of time go by.

Q: I recieved a JDF 1415, is this not a child support change?

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Dec 6, 2018
John Hyland Barrett III's answer
JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support

1 Answer | Asked in Child Support for Colorado on
Answered on Dec 5, 2018
John Hyland Barrett III's answer
I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.

Q: I received a citation to show cause in Douglas county courts. Does C R S 13-22-311 apply in this matter. Douglas county

1 Answer | Asked in Divorce and Family Law for Colorado on
Answered on Dec 5, 2018
John Hyland Barrett III's answer
13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.

Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.

Q: Can a document be created stating each keeps what is in their own name if $5000.00 is given to spouse? Is it binding?

1 Answer | Asked in Divorce for Colorado on
Answered on Nov 29, 2018
John Hyland Barrett III's answer
If this is a divorce, you can enter into a written separation agreement. It will be binding if the judge finds it to be fair and reasonable. You should hire a lawyer for this to make sure it is done right.

Q: How do I charge my spouse with Colo. Rev. Stat. 14-6-101 non support of spouse and children?

1 Answer | Asked in Divorce and Family Law for Colorado on
Answered on Nov 28, 2018
John Hyland Barrett III's answer
14-6-101 is a criminal statute. charges can only be brought by the District Attorney, not you. It is rarely, if ever, actually used. you could file for a divorce and have the court enter orders for support. You should hire a lawyer to do this.

Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Nov 28, 2018
John Hyland Barrett III's answer
Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

Q: Professional supervisor not supervising visits properly , what should i do?

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Nov 27, 2018
John Hyland Barrett III's answer
The supervisor usually has discretion regarding exactly how to conduct the supervision. Although the supervisor's contract may have some guidelines, the real controlling document is the court order. You may want to raise these issues at a review hearing. You should consult with your attorney about these matters.

Q: What are my next steps if my ex is trying to move my daughter out of state without my permission?

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Nov 26, 2018
John Hyland Barrett III's answer
She needs court permission to have your daughter move out of state. You can file an for an abduction prevention order if she tries to do so w/o court permission. You should hire a lawyer for this.

Q: Can I withhold visitation UNTIL there is a court order for parent time in place?

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Nov 26, 2018
John Hyland Barrett III's answer
Until there is a court order, either parent is entitled to possession of the child. If you and the father can not agree on a parenting time schedule, one of you should file a court case to get appropriate orders. The court is likely to give him some parenting time unless there is a good reason not to. You should retain an attorney for this.

Q: Is the payment of alimony mandatory in CO or considered case by case?

1 Answer | Asked in Divorce and Family Law for Colorado on
Answered on Nov 6, 2018
John Hyland Barrett III's answer
It seems that maintenance in this case is modifiable. Maintenance is modifiable unless the parties have agreed to make it non-modifible. He can request a reduction or termination of the maintenance if there has been a change of circumstances which render the previous order unfair. Her increase in income may justify that. He should retain an attorney to review the case and advise him.

Q: I got the papers, but I don't respond, what will happen?

1 Answer | Asked in Divorce for Colorado on
Answered on Oct 31, 2018
John Hyland Barrett III's answer
If you do not file a response, future proceedings may occur without your knowledge or input. You should retain an attorney to represent you in the divorce.

Q: What’s my interest on 42grand child support unpaid over 7 years. 12% interest per year compounding monthly $500 cs order

1 Answer | Asked in Child Support for Colorado on
Answered on Oct 29, 2018
John Hyland Barrett III's answer
In order to figure this out, you need to run a calculation with a program that will provide these numbers. Most divorce attorneys will have access to that program and can come up with the answers. It does take some work to do that.

Q: My sons bio dad and I never lived together but were married, after my dunk turned 11 months. He started getting parentin

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Oct 29, 2018
John Hyland Barrett III's answer
Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the child's best interests. It may not involve every weekend, but is not likely to be just every-other weekend. Also, the child support could be reviewed to see if it comports with the child support guidelines.

Q: What rights does an unwed teenage father and his family have regarding being at the hospital when the child is born?

1 Answer | Asked in Family Law for Colorado on
Answered on Oct 29, 2018
John Hyland Barrett III's answer
This is completely up to the mother as she is the patient.

Q: How do I see my child support order and arrearages owed? How do I go about paying those if been 6 yrs

1 Answer | Asked in Child Support for Colorado on
Answered on Oct 24, 2018
John Hyland Barrett III's answer
You can check with the court to see if there is a case. Maybe your ex can provide some detail re which court supposedly issued the order.

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