Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Hyland Barrett III
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Help me understand what unless the parties agree otherwise means

What does it mean when the courts say that ? The other parent she’ll have supervised parenting time every weekend for 4 hours. Unless the parties agree otherwise?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 30, 2021

This language means that the parties can come to their own agreement. If they do not agree, then the court order must be followed. So, in this case, there is supervised visitation for 4 hours every weekend, but the parties may agree to some other schedule.

1 Answer | Asked in Divorce for Colorado on
Q: Considering divorce. Do we need a legal separation agreement? If I leave the house does that have negative legal weight?

Mortgage is in my name because we wouldn’t qualify with his debt to income. Title has both of our names. Looking for a consultation.

John Hyland Barrett III
John Hyland Barrett III answered on Jul 20, 2021

You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually... Read more »

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

John Hyland Barrett III
John Hyland Barrett III answered on Jun 16, 2021

You may or may not want to accept the offer. It depends on whether you can realistically collect the full amount owed. Also, interest accrues at 12% per annum, compounded monthly, on unpaid child support-so the amount owed may be more than you realize. Also, this probably should not affect the... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Mom & Dad passed away. 2 homes 4 siblings. 1 brother is living in 1 homew/other peole, need 2 sell how do you get him o

The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 15, 2021

One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado is a CFI supposed to be non bias. Can their duties be to only investigate o e party.
John Hyland Barrett III
John Hyland Barrett III answered on Jun 7, 2021

The scope of the CFI's investigation is set by the court order appointing him/her as the CFI-Child and Family Investigator. The CFI should be unbiased but the focus may be on one parent. You should review the terms of the order and should get a lawyer to help you with this.

View More Answers

2 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: There is currently an active case for abuse against the husband of my sons mother for abusing one of my sons siblings

She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.

John Hyland Barrett III
John Hyland Barrett III answered on May 20, 2021

Generally, you need to comply with the court ordered/approved parenting plan UNTIL AND UNLESS the court changes the parenting plan. If appropriate you can file a motion to restrict parenting time IF the child would be in imminent danger. The court will schedule a hearing within 14 days to decide... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Collections for Colorado on
Q: How to get my name off a car I cosigned on.

I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?

John Hyland Barrett III
John Hyland Barrett III answered on May 11, 2021

You can not get your name off the loan without permission of the lender-which will not ever agree to that. You might want to contact the lender to see if they have repossessed the car. Also you should contact the other party to see if she would agree to sell the car in order to pay off the loan.

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: Husband refinanced home without my name on it but we are married. Do I have legal claim in divorce.

Married 20 yrs. It’s been owned home before marriage. He has refinanced three times and never put my name on the house.

John Hyland Barrett III
John Hyland Barrett III answered on Apr 30, 2021

You will have a claim on the increase in value that occured during the marriage. That increase is marital property, subject to an equitable (meaning "fair", not necessarily "equal) distribution in the divorce. You should get a lawyer to help you with this.

View More Answers

1 Answer | Asked in Divorce for Colorado on
Q: Lawyer Trying to go Against Judge Ruling by Stating it's Not a Law?

andf thealdf thelafj

John Hyland Barrett III
John Hyland Barrett III answered on Apr 28, 2021

I think the order will apply since they did not file an appeal at the time. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Can I file contempt if my ex filed a motion without going to mediation first as is required per our divorce decree?

My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?

John Hyland Barrett III
John Hyland Barrett III answered on Apr 26, 2021

I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: When my divorce was finalized, I received a Decree of Dissolution of Marriage (Colorado). Are there other documents?

I am currently applying for Hungarian citizenship (my father was Hungarian), and the consulate wants a "Divorce Decree" or a "Certificate of No Appeal" instead of the Decree of Dissolution of Marriage. I am having difficulty in finding out whether these exist in Colorado or are... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 22, 2021

The "Decree of Dissolution of Marriage" is the "divorce decree". That is just what Colorado calls a divorce.

1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 15, 2021

I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: If I am a co-signer on a personal loan for my ex husband and I asked in our divorce decree that I be removed from the lo

Can I file contempt of court if I have not been removed from the loan if I requested that I be removed from it in the divorce decree

John Hyland Barrett III
John Hyland Barrett III answered on Feb 12, 2021

This depends on what the decree says, not just what you requested. IF the decree requires him to get you removed, it may be contempt IF he has the ability to do so. However, most lenders will not remove a co-signer unless the loan is refinanced.

View More Answers

3 Answers | Asked in Divorce for Colorado on
Q: If im married but have been seperater for over 10 years what can I still get from him he never payed child support
John Hyland Barrett III
John Hyland Barrett III answered on Feb 11, 2021

This depends on what the finances are. You may be eligible for maintenance (alimony) and property division of all existing property. You should get a lawyer to help you with this.

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: I bought a house 3 years before marriage. Is my wife entitled to 1/2 of the equity in a divorce if she never worked?

The house is under my name only.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 10, 2021

The equity that existed in the house at the time of marriage is your separate property. However, any increase in that equity that occurred during the marriage is marital property, subject to an equitable distribution by the court. Equitable means fair, not necessarily equal. You should get a lawyer... Read more »

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: How do I file for divorce if i don't know where my husband is?

I know he went back to Michigan and I know the general area he probably is staying but I don't know for sure where in Michigan he is. He probably also won't sign the papers even if I can track him down to serve him. He said he wouldn't let me divorce him but does he really have a... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Feb 8, 2021

First, you have to make reasonable efforts to locate him. If you still cannot locate him, you can request the court permit service by publication. You should get a lawyer to help you with this.

View More Answers

2 Answers | Asked in Child Support for Colorado on
Q: How to get money back from overpayment in Child Support/Maintenance

My wages were being garnished for back child support/maintenance and the checks were going directly to my ex and not through an agency.

I thought when I didn't owe any more money the garnishments would automatically stop. After a year of overpaying ($10,000) what can I do to get this... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Feb 1, 2021

You may need to file a motion to terminate the garnishment. You can also file a motion to have her repay the overpayment. You should get a lawyer for this.

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Support for Colorado on
Q: I need a divorce; my ex and I have been married since sept 2018, we have a 2 yr old. what forms need I file

we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 26, 2021

Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the... Read more »

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My boyfriend and I live in Colorado. Does he have parental rights to my 2 teenage children that live with us full time?
John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2021

He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: My husband wants a trial separation. Do we need this in writing legally so it won’t be considered abandoning the marriag
John Hyland Barrett III
John Hyland Barrett III answered on Jan 7, 2021

I would not be concerned with being considered as "abandoning the marriage". That concept does not have any relevance in a "no-fault' case. However, it may be useful to have a written agreement re finances during the separation. You should get a lawyer to help you.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.