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Questions Answered by John Hyland Barrett III
1 Answer | 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.

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.

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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 »

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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.

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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.

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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 »

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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.

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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.

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2 Answers | Asked in Child Support for Colorado on
Q: Hello! How does one collect child support from a trust with a spendthrift clause in Colorado?

Ex husband is named in a trust that is getting the money from relatives. Has not paid any child support.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 11, 2020

If you can not proceed directly against the trust (I'm not sure about that), you can still cite him for contempt. The judge will consider his potential disbursements from the trust as a factor in determining his ability to comply with the existing order. You should get a lawyer to help you... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: What does it mean when respondents lawyer is saying they are filing a motion for "expedited briefing schedule"?
John Hyland Barrett III
John Hyland Barrett III answered on Dec 10, 2020

They are asking the court to reduce the normal time for filing responses/replies. This can be done if there is an urgent situation that needs to be addressed by the court.

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2 Answers | Asked in Divorce for Colorado on
Q: Asking question for my son. Married 20 yrs. Brought a house 3 yrs ago. Works same company 19yrs. She works, pay is cash.

We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 8, 2020

Assuming you have the higher income, alimony is likely. Your 401k and the house are marital property, subject to an equitable division. You should get a lawyer to help you with this.

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2 Answers | Asked in Divorce and Landlord - Tenant for Colorado on
Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 3, 2020

I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for New Mexico on
Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's

Not in the picture. Can I go pick the daughter up and take custody of her?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.

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1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Colorado on
Q: I was approved for legal assistance but they didn't have a family attorney available to represent me, where to help

I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: I havent seen my daughter in 3yrs. I pay child support and the mother makes excuses to not let me see her. Help.

The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

IS THERE AN EXISTING ORDER RE PARETING TIME? IF SO, YOU SHOULD SEEK TO ENFORCE IT. IT MAY NEED TO BE MODIFIED IF THE DISTANCE MAKES IT IMPRACTIBLE TO FOLLOW. GIVEN YOUR DAUGHTER'S AGE, IT IS LIKELY ANY VISITATION WILL BE WHERE SHE LIVES-SO YOU MAY NEED TO GO THERE FOR THE VISITS.

IF...
Read more »

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: what does my response need to say if my ex has filed a change of parenting time motion?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

Your response should explain why the current parenting time order is in the best interest of the child(ren). It should refute the factual allegations contained in the motion. You should get a lawyer to help you with this.

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1 Answer | Asked in Child Support for Colorado on
Q: Am I suppose to add my overtime hours on the child support modification worksheet?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 6, 2020

It depends. Overtime is not considered EXCEPT if required by your employer (mandatory overtime), or if so substantial that it is appropriate to consider it. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Sworn Financial Statement: Isn't the section on children's expenses limited to the children receiving the support?

My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... Read more »

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

I think it is ok to list this on the SFS, just like you list your rent/mortgage. However, it should not be part of the actual child support calculation.

2 Answers | Asked in Adoption and Family Law for Colorado on
Q: In the state of Colorado, can i go through the step parent adoption process successfully without a lawyer?

My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »

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

Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.

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