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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: i sent a modification to the courts because my child is 19 and not in school, mother got wind and is fighting it

mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 23, 2020

Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... Read more »

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Is a notarized parent plan considered legal in colorado?

I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 22, 2020

Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Do i have to have a court ordered custody plan to file for child support?

I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 21, 2020

YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

2 Answers | Asked in Divorce for Colorado on
Q: Married in Colorado. I bought house before we were married it's in my name. IAM the only one that works.

Question can I lose my home in divorce since I bought home before we married home is in my name only

John Hyland Barrett III
John Hyland Barrett III answered on Jan 16, 2020

The house is considered your separate property. however, any increase in the value of the house is considered marital property, subject to an equitable division (meaning a "fair" division). You may need to get two appraisals for the house value-now and at the time of marriage. You should get a... Read more »

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1 Answer | Asked in Divorce and Banking for Colorado on
Q: When a wife is permanently disabled and has been for half the marriage, how long I'll spousal support last?

He walked out after 17 years together and married for 13 years. I only get $471 after medicare taken out. Left with no notice for me

John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2020

If you and your spouse do not agree, the court will have to decide how long. There is a statutory presumption that says maintenance for a 13-year marriage should last 6 1/2 years. however, this is not binding on the court. The judge will have to decide based on all the facts involved.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce Lawyer question: I intend to file for divorce by Spring. Right now I need a new SUV.

Friends & family think I should lease a car. I've never leased before. I make a little more than half of what my husband does. I know that I will be in full custody of kids once divorced. Kids are 13 & 17. *Does it make sense to lease a nicer SUV? I am afraid of; having to break lease because of... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2020

You do not want to lease a vehicle if you think you may have to break the lease. It will be very bad financially. You should get a car you can afford, regardless of how the divorce turns out.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex-girlfriend refuses to let me see my child and has blocked all forms of communication.

My daughter will be a year old in February and I haven’t even met her because my ex has blocked all forms of communication. I was in the army when we found out we were pregnant and then unfortunately when she found out I was being medically discharge she broke it off and move back with her... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2020

YOU HAVE THE RIGHT IDEA. FILING A PATERNITY SUIT WILL ENABLE YOU TO ESTABLISH A PARENT - CHILD RELATIONSHIP. YOU MAY OBTAIN CERTAIN VISITATION RIGHTS IF THAT IS IN THE BEST INTERESTS OF THE CHILD. UNDERSTAND THAT THIS MAY ALSO RESULT IN A CHILD SUPPORT OBLIGATION BEING ESTABLISHED AGAINST YOU. YOU... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I filed for contempt with my ex for failure to return our daughter after his parenting time.

He lives out of state and we are each to drive 6 hours to meet halfway. He wrote via email that he was intentionally not returning her 12 hrs before the exchange. I still drove the 6 hours to find out he didn’t show. He was served the order to show cause for our hearing on Jan 13 back in... Read more »

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

Without knowing all the facts of your case, here are my thoughts:

1. You should respond to the motion. If you do not, the court may grant it automatically.

2. It is up to the court re if he can testify by phone. It is reasonable to expect him to have to appear in person.

3....
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Small Claims for Colorado on
Q: I was divorced in Iowa in 2017 and recently moved to Colorado with my 13 year old daughter. My Iowa attorney is not

Following through with the contempt charges on my ex for his multiple violations of the divorce decree. He has not been responding to my messages or those from opposing council, regarding papers served to me requesting a modification in custody. I tried to meet with him while I was in Iowa last... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2020

Assuming your case is still in Iowa, you should get an attorney there. A new attorney is going to have to spend some time reviewing the prior filings. However, it may not be necessary to read every one. It depends on whether the old filings have anything to do with the current issues. However, some... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: My wife isnt getting her court ordered visits with her daughter.

My wife has a 3 year old daughter from a previous relationship that, due to her history with drugs, has lost her parental rights and they were allocated to the paternal grandmother. In the final orders from the court she is supposed to get 2 supervised visits for 2 hours each every week with her... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 30, 2019

Your options are to comply with the existing orders or seek modification of those orders. It seems the order is for a visitation center unless there is an agreed-upon third party supervisor. Since there is no such agreement, you need to use a visitation center. If that is not practicable, you can... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: How fast can I get child support?

My husband and I separated in may we have two kids I'm disabled and have no income.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 30, 2019

It will take some time after you file for divorce. There is an initial status conference that is scheduled within 45 days. The court can then schedule a temporary orders hearing for child support. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: I am an adult seeking owed child support from my father who was court ordered to pay it. What are my options
John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

The best person to pursue a claim for unpaid support is your mother. I am not sure that you have the right to do so. Your mother should get a lawyer to help her with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am having a custody and child support issue with my ex-wife. She engages in malicious parenting syndrome. Can you help

Filed for arrears falsely. Keeps my daughter and son from me for no reason.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

I do not know what you mean by "malicious parenting syndrome". However, you may be able to defend the claim for arrears if she in fact filed for it falsely. You can also insist on compliance with the Parenting Plan so she does not withhold the children. You should get a lawyer to help you with this.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?

My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

This is out of her hands. The police do not respond in order to document damages to property. They respond in order to investigate a crime and to prevent further criminal activity. There are no roses to smell here.

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1 Answer | Asked in Child Support for Colorado on
Q: Can I file for more support if my x has new living arrangements? His living costs are now cut in half due to living...

with someone else. half rent /utilities etc. While I am struggling month to month

John Hyland Barrett III
John Hyland Barrett III answered on Dec 11, 2019

Child support is determined primarily on the respective incomes of the parties. So, I do not think his change in living situation will justify a modification. there may be other grounds for modification. You should consult with an attorney to see if there is any basis for requesting a change.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Court says that I pay for 1/2 of our sons’ sports but ex wife put them under her fiancé’s last name. Do I still have to?

Court order parenting plan says I will pay half for sports but she is registering them under his last name. I feel that if she’s not using their legal last name I shouldn’t be required to help other than child support.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 11, 2019

You need to obey the court order. By your description, you are to pay 1/2. You may be able to address the problem by advising the team of your son's actual last name.

1 Answer | Asked in Divorce for Colorado on
Q: I received notice that my ex wifes motion was granted because I did not respond in time. I sent in my response

I validated my response was received prior to the order. The court clerk says since it was labeled RE: and not "response."

John Hyland Barrett III
John Hyland Barrett III answered on Dec 3, 2019

You can file a motion for reconsideration pointing out that you did respond. You should get a lawyer to help you with this divorce so things are done right from now on.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother of my brothers child is withholding his daughter from him until he signs custody papers. W

We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 10, 2019

Either party can file a court action to establish a parenting plan and child support obligations. Your brother should consult with an attorney to determine how best to proceed.

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1 Answer | Asked in Family Law for Colorado on
Q: The father of my child has not been complying with the parenting plan we agreed to can I apply for abandon?

He also don’t help with our child’s living costs there is no child support put in place either

John Hyland Barrett III
John Hyland Barrett III answered on Nov 27, 2019

There is not really such a thing as "applying for abandonment". You may be able to request a modification of the parenting plan or change in child support. You should consult with a lawyer about this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hello I am now 18 years old, since I was six my parents have shared custody over me and now that I turned 18 I thought

Was over but my dad told me that in Colorado the arrangement apples till age 19 is this true and in either case how is child support affected (I am attending college)

John Hyland Barrett III
John Hyland Barrett III answered on Nov 25, 2019

At 18, any prior custody orders are no longer in effect. You can decide yourself how much time you want to spend with each parent. Child support orders still apply until age 19.

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