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Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... View More 
answered on Oct 14, 2019
You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.
however, be... View More
answered on Oct 7, 2019
It is impossible to advise you about this without knowing all the facts of your financial situation. you should consult with an attorney who can so advise you afte s/he has the information needed to make a recommendation to you.
I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of... View More
answered on Sep 26, 2019
If the child starts living with you at age 18, you can ask the court to modify child support. The other parent may owe you support at that time. However, you need a court order to do this. The existing order remains in effect until the court changes it. You should get a lawyer to help you with this.
Was granted retirement (which he cashed in) told he would pay debt in my name that as a couple we accrued. Took to court but never showed. Judge said hold him in contempt but that did nothing. How do i get money from him now that he lives in another state.
answered on Sep 23, 2019
You may be able to get a money judgment entered against him in the colorado court. Then you have to domesticate that judgment in the state of his residence in order to garnish his wages there and/or seize his property there. You should get a lawyer to help you with this.
2 boys. Is this allowed per CO law. He is telling her she will not leave state with the boys. They have lived together most of the 10 years.
answered on Sep 20, 2019
Once a custody case has been filed, there is an automatic injunction which prohibits both parties from removing the children from the state without permission of the other party or the court. The court will need a good reason to permit removal from the state. Your daughter should get a lawyer to... View More
She took the kids while he was detained and has now filed for custody and change for parenting plan. He has not been arrested or charged. What should he do?
answered on Sep 19, 2019
He needs to file a response to her motion to modify custody. There are deadlines for this. He should get a lawyer to help him with this.
answered on Sep 17, 2019
Yes, social security payments would be counted as income.
Previous mediation agreement filed with county 18 months ago. No significant income changes, although decreased parenting time on my side. Make support payments every month, yet constantly harassed/threatened with court action. I've done all the right things, by law, what is a good course of... View More
answered on Sep 16, 2019
You need to respond to the motion within 21 days of it's filing. Your reduced parenting time may be a basis for an increase in child support. You should get a lawyer to help you with this.
answered on Sep 16, 2019
There is a priority list to decide who becomes the PR. The PR has an obligation to administer the estate in accordance with the law. You should get an attorney if you have concerns about this.
He has re-enrolled in high school but has not been attending. How does this affect child support, as both parents agreed it would stop with him moving out.
answered on Sep 9, 2019
Generally, child support in colorado lasts until the child turns 19 or graduates from high school, if still enrolled. (but not past 21). Child support may terminate upon emancipation. This occurs when the child lives on his own and is self-supporting, marries or enters the armed services. It sounds... View More
Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years
answered on Sep 4, 2019
All assets, including your business, are to be valued as of the date of the final decree (or as close to then as possible). Your business may not have much, if any, value since it is so new. You should get a lawyer to help you with this.
On a sworn financial statement, do you need to disclose the credit card being used to pay your attorney fees if requesting the other party repay your fees? And if the others party shows negative income on their sworn financial statement.
And if an activity falls on one parties visitation... View More
answered on Jul 22, 2019
1. Yes, you need to disclose all debt.
2. Showing negative income is common-not really a problem.
3. Generally, each parent can decide on the child's activities during their respective parenting time, but this depends on what activity is involved.
You should get a lawyer to help you with this.
Do I need to file something with the courts in order for me to move? Or get the judge's approval?
answered on Jul 19, 2019
You need to file a motion to relocate with the children. Your ex will have a chance to respond. The court will make the ultimate decision. You should get a lawyer to help you with this.
I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?
answered on Jul 16, 2019
Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.
Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.
answered on Jul 16, 2019
You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.
My daughter was caught stealing and was given a court date. I am handing custody to her father who is out of state before then, will she still need to go to court? And would one of us (her parents) need to be there? Can I get in trouble?
answered on Jul 9, 2019
Yes, your daughter will need to appear for court. If you retain an attorney for her, it may be possible to resolve the matter without her appearance.
Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?
answered on Jul 9, 2019
This depends on his income. You should expect the amount to actually increase due to your decreased earnings if he is making the same or more. It could decrease if he is making less. You should get a lawyer to help you with this.
We have 14 days of vacation and certain holidays each year.
answered on Jul 3, 2019
This depends on the exact wording of your parenting plan. You should have your attorney review the Plan and advise you of what you can do.
I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... View More
answered on Jul 2, 2019
Under Colorado law, the house will be marital property since it is purchased during the marriage. All marital property is subject to an equitable division in a divorce. this means property is divided "fairly', not necessarily "equally". You should have an attorney review the... View More
My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... View More
answered on Jun 18, 2019
It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You... View More
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