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Questions Answered by John Hyland Barrett III
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.

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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.

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

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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.

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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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