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Questions Answered by John Hyland Barrett III

1 Answer | Asked in Child Support for Colorado on

Q: My daughter lives with me mom. She is attending college. She will be nineteen June24. HER DAD pays 250.00 per month

She is in college and Dad feels he is done paying child support and will not help with college expenses. How do i get him to help pay for those expenses?

John Hyland Barrett III answered on May 22, 2019

Her father has no legal obligation to help with college expenses unless your divorce decree provides for that, which is unlikely. Likewise, his obligation to pay child support will end when she turns 19.

1 Answer | Asked in Divorce for Colorado on

Q: Does i need to wait for a divorce to finalize or at what point during a divorce can i go back to my origin country ?

We where married for 14 years, i am a German citizen, we have a 12 year old son together, we agree on all terms and we not ask for any financial support from each other.

John Hyland Barrett III answered on May 15, 2019

You can leave whenever you want. However, you may want to wait until the divorce is over in case you need to make any court appearances. Also, you can not take your child with you without written permission of the other parent or an order of the court. You should get a lawyer to help you with this

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My niece 16 victim domestic violence pregnant restraining order against boyfriend beat her

Having baby October need custody of baby do not want boyfriend or his family to have any right to baby

John Hyland Barrett III answered on May 15, 2019

Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: If someone is only getting$750 in ssdi and has severe mental illness will child support still take from them?

John Hyland Barrett III answered on May 15, 2019

Yes, if they are responsible for child support. However, the amount will probably be fairly small. You should consult with a lawyer about this.

1 Answer | Asked in Family Law for Colorado on

Q: What are the fees to obtain a family lawyer ?

John Hyland Barrett III answered on May 9, 2019

Attorney fees will vary depending on the complexity of the case. You should call a lawyer and describe your situation and ask for a fee quote.

1 Answer | Asked in Child Support for Colorado on

Q: I forgot to include a proposed order form with a motion I just filed. Will the motion be rejected?

I filed a motion to change venue and I believe the court requires a blank "general order" form to be included with the filing, but I don't know if there are any statutes or case precedents which forgive such an error.

John Hyland Barrett III answered on May 8, 2019

This depends on how picky that court is. I have seen it rejected on that basis and I have seen it not to be a problem. If rejected, you should be able to refile. Hopefully, you will still be within the required time period. You may want to file a proposed order at this time.

1 Answer | Asked in Child Support for Colorado on

Q: If the grandparents have custody shouldn't both parents have to pay child support?

John Hyland Barrett III answered on May 7, 2019

Parents have a legal duty to provide support for their children, even if the children are in another's custody. You should consult with an attorney if you are dissatisfied with the current arrangement.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: If a mother refused child support in court, can she go after child support later on?

The child in question has decided to live with his mother full time, instead of going back and forth between his parents' homes. The mother, who originally refused child support in court several years ago, said that she'll go after the father for child support (should the child live with her full... Read more »

John Hyland Barrett III answered on May 6, 2019

The child support is modifiable-so it can be changed based on changes in income and residence. You should consult with a lawyer about this.

1 Answer | Asked in Child Support for Colorado on

Q: If I become a host home provider to a disabled individual does this type of income count toward child support?

This type of income is similar to foster care income.

John Hyland Barrett III answered on Apr 29, 2019

Yes, virtually all income, including this, would count.

1 Answer | Asked in Probate and Estate Planning for Colorado on

Q: Does the money in my mother's trust belong to the beneficiaries as soon as she dies or does it remain in trust

until each beneficiary receives their yearly distribution until the money runs out? Is there something official that can help back me up on that?

John Hyland Barrett III answered on Apr 22, 2019

This depends on the terms of the trust. The trust document controls. It may call for distribution or it may remain in the trust. You have to review the trust statement to see what it says.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do

So my husband shares custody of the boys with his ex, they were never married, judge decided 5 years ago that it was better for the boys to live with dad because of a history of child abuse and negligence from her side, child abuse keeps happening, according to child services the abuse is not bad... Read more »

John Hyland Barrett III answered on Apr 15, 2019

Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: What falls under joint decision making in regards to religion? My ex husband claims only baptism... Thank you.

My ex husband has involved our daughter in a religion that I have expressed my feelings of being against several times and he continues to involve her. We have joint decision making rights and he claims I only have a say regarding her being baptized and that I do not have a say in terms of whether... Read more »

John Hyland Barrett III answered on Apr 8, 2019

THIS MAY DEPEND ON THE EXACT WORDING OF YOUR AGREEMENT.IN GENERAL, THE COURT SEEM OK WITH A PARENT TAKING A CHILD TO RELIGIOUS SERVICES DURING THAT PARENT'S PARENTING TIME. YOU MAY BE ABLE TO REQUEST A MODIFICATION TO YOUR PARENTING PLAN TO GIVE ONE OR THE OTHER OF YOU SOLE DECISION MAKING... Read more »

1 Answer | Asked in Divorce for Colorado on

Q: I'm about to get a divorce from my wife. I started a business a few months ago that is solely in my name as a LLC

with it's own bank account that I pay myself on the payroll and one other full time employee. Will my wife have access to money in this account with it being a new business and has plenty of debt owed from purchasing two vehicles and other necessities? Or is the business completely separate from... Read more »

John Hyland Barrett III answered on Apr 3, 2019

Your ownership interest in this business is marital property, subject to an equitable division by the court. It may be that the business has no value. You should get a lawyer to help you protect your interests.

2 Answers | Asked in Divorce for Colorado on

Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

Was served to me even though I wanted the divorce. They keep asking me to sign a waiver and submit my financial information, "to come up with a fair plan,"

and make it a simple process. We have no kids, so it's just a matter of debt and equity of a house. Does this sound like a strange that... Read more »

John Hyland Barrett III answered on Apr 3, 2019

The waiver is instead of having you personally served by the Sheriff or a private process server. It is usually considered preferable than being served.It is a necessary process before the case can proceed. The financial information is required to be provided by the court rules for divorces. You... Read more »

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1 Answer | Asked in Divorce and Military Law for Colorado on

Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.

Am I required to still pay the alimony as she has remarried?

John Hyland Barrett III answered on Apr 2, 2019

This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: My mom and step dad have been seperated about a week not yet legally. He took her money, can she sell his things.

He withdrew all funds without her knowledge on the 13th and opened a separate account. The money he took was when she was involved in a car accident and her van was totaled. That was all the money she had to her name. Also he has been tracking her by phone and showing up to locations he is at. He... Read more »

John Hyland Barrett III answered on Mar 25, 2019

No. Two wrongs do not make a right!

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on

Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

1 Answer | Asked in Divorce for Colorado on

Q: My husband has been treating me bad and finally he did not come home I threw him out and he drained the money

I have medical issues and I can not get my meds

John Hyland Barrett III answered on Mar 19, 2019

If you were to file for a divorce, the court can enter orders for maintenance (alimony). However, that will take some time so you need to figure out a way to handle your immediate needs. Also, you should get a lawyer to help you if you file for a divorce.

1 Answer | Asked in Family Law for Colorado on

Q: Bio dad has zero nights and days with kids hasn't seen them in 4 years How likely is his visitation to get accepted

Has not paid child support in 4 years and is behind 25, 000 has not tried to contact the children

John Hyland Barrett III answered on Mar 19, 2019

This depends on whether the judge feels it is the children's best interest to re-establish a relationship with their father. It is likely to be a gradual process-perhaps overseen by a therapist. You should get a lawyer to help you with this and see about collecting the back support.

1 Answer | Asked in Child Support for Colorado on

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

My ex is trying to withhold part of the court ordered child support she has to pay just because she thinks I should pay for half of a bill that she owes solely on your own! Does this action make her in contempt of a court order?

John Hyland Barrett III answered on Mar 18, 2019

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.

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