Questions Answered by John Hyland Barrett III
Q: Can my ex with hold half the court ordered child support simply because she thinks I should pay for half a bill she owes
John Hyland Barrett III's answer
The child support order needs to be complied with without off-set for some other obligation. Failure to pay child support can be punished as contempt of court. you should get a lawyer to help you enforce the order.
The child support order needs to be complied with without off-set for some other obligation. Failure to pay child support can be punished as contempt of court. you should get a lawyer to help you enforce the order.
Q: In divorce can one spouse get the house when both names are on it. One of them pay 100% of househoud bills.
John Hyland Barrett III's answer
The judge can award the house to either party as part of the property division. The judge can also order the house sold and the proceeds divided accordingly. Your sister should get a lawyer to help her with the custody, child support, and property division issues.
The judge can award the house to either party as part of the property division. The judge can also order the house sold and the proceeds divided accordingly. Your sister should get a lawyer to help her with the custody, child support, and property division issues.
Q: how does Colorado factor in a new baby for child support?
John Hyland Barrett III's answer
You should receive an adjustment in the calculation to account for your additional child. Basically, when running the calculation, your income is reduced by the amount of child support that would have been paid for the new child. This probably would not make much difference. You should consult with an attorney to run the calculation and advise you how to proceed.
You should receive an adjustment in the calculation to account for your additional child. Basically, when running the calculation, your income is reduced by the amount of child support that would have been paid for the new child. This probably would not make much difference. You should consult with an attorney to run the calculation and advise you how to proceed.
Q: Have notarized POA of a minor child, how do I file it to make legal in a court of law?
John Hyland Barrett III's answer
The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.
The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property
2 Answers
| Asked
in
Divorce, Family Law, Real Estate Law and Probate
for
Colorado
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
John Hyland Barrett III's answer
Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
Q: My wife hand delivered a petition for divorce. I executed an Acceptance and waiver of service. What starts the calendar
John Hyland Barrett III's answer
All relevant time periods start from the date you signed the acceptance of service. You should get a lawyer since she has one.
All relevant time periods start from the date you signed the acceptance of service. You should get a lawyer since she has one.
Q: Will my ex have to count his income “assistance” on our financial worksheet?
3 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
John Hyland Barrett III's answer
Hopefully, you realize that you will need court permission, or agreement of the father, to move your child to Nebraska. If granted, that may lead to a change in child support due to a change in the parenting time. The financial assistance he receives from his family should be counted as income if it is regular and substantial. You should hire a lawyer to help you with these important matters.
Hopefully, you realize that you will need court permission, or agreement of the father, to move your child to Nebraska. If granted, that may lead to a change in child support due to a change in the parenting time. The financial assistance he receives from his family should be counted as income if it is regular and substantial. You should hire a lawyer to help you with these important matters.
Q: My exwife wants to let my child go outside the country without my consent.
John Hyland Barrett III's answer
This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.
This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.
Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?
John Hyland Barrett III's answer
IT DEPENDS. IF THERE IS AN EXISTING COURT ORDER, THEN YOU NEED TO GET COURT PERMISSION FOR TE MOVE. YOU SHOULD GET A LAWYER TO REVIEW YOUR SITUATION AND ADVISE YOU HOW BEST TO PROCEED.
IT DEPENDS. IF THERE IS AN EXISTING COURT ORDER, THEN YOU NEED TO GET COURT PERMISSION FOR TE MOVE. YOU SHOULD GET A LAWYER TO REVIEW YOUR SITUATION AND ADVISE YOU HOW BEST TO PROCEED.
Q: Case mgmt order issued on Verified Etry of Support Jdgmt, do I have to wait to file Contempt Motion on other issues?
John Hyland Barrett III's answer
You should be able to pursue the other matters without waiting on resolution of the judgment issue. It would be up to the judge to decide how s/he wants to proceed. The court may want to deal with all matters at one time. It sounds like you should hire a lawyer to deal with this.
You should be able to pursue the other matters without waiting on resolution of the judgment issue. It would be up to the judge to decide how s/he wants to proceed. The court may want to deal with all matters at one time. It sounds like you should hire a lawyer to deal with this.
Q: Can I take away my ex's rights and have my husband adopt my daughter
2 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
John Hyland Barrett III's answer
You may be able to have your husband do a step-parent adoption. This will be easier if her father will consent to it. If not, you can request the court permit the adoption on the basis he has failed to provide any support for over 1 year. You should retain an attorney for this.
You may be able to have your husband do a step-parent adoption. This will be easier if her father will consent to it. If not, you can request the court permit the adoption on the basis he has failed to provide any support for over 1 year. You should retain an attorney for this.
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?
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.
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?
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.
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?
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.
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.
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.
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?
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.
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
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.
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
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.
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
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.
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?
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.
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.
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