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Questions Answered by John Hyland Barrett III
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
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
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
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.

1 Answer | Asked in Divorce for Colorado on
Q: In divorce can one spouse get the house when both names are on it. One of them pay 100% of househoud bills.

Hello, my sister is getting ready for her final divorce. Her husband still stays at the house. He has cocaine and other hard drugs at the house and comes and goes at weird hours. They have 2 little kids. She pays the mortgage and all bills for the house. She wrote in her paper work she takes... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 18, 2019

The judge can award the house to either party as part of the property division. The judge can also order the house sold and the proceeds divided accordingly. Your sister should get a lawyer to help her with the custody, child support, and property division issues.

1 Answer | Asked in Child Support for Colorado on
Q: how does Colorado factor in a new baby for child support?

I have a current obligation of $452/month for one child. My wife just had a baby and I was wondering how child support factors in the new baby into my child support. Is there a set amount or percentage that is factored in to child support being lowered? Does my wife have to file child support and... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 18, 2019

You should receive an adjustment in the calculation to account for your additional child. Basically, when running the calculation, your income is reduced by the amount of child support that would have been paid for the new child. This probably would not make much difference. You should consult with... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Have notarized POA of a minor child, how do I file it to make legal in a court of law?

She signed the paper yesterday and took off. Baby is three. Has a grandmother in TX who is illegal, father was deported 3 years ago. How do I make this legal in the court? We have been raising him for 2 years now.

I just left the court house and they said notarized POA is useless.

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 4, 2019

The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 28, 2019

Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her... View More

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2 Answers | Asked in Divorce for Colorado on
Q: My wife hand delivered a petition for divorce. I executed an Acceptance and waiver of service. What starts the calendar

Is it the initial service date or the date I signed and delivered the waiver back to her and her attorney?

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

All relevant time periods start from the date you signed the acceptance of service. You should get a lawyer since she has one.

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3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Will my ex have to count his income “assistance” on our financial worksheet?

My ex doesn’t work or go to school. His mom pays all his living expenses bc they are extremely wealthy.

I just got a job offer in Nebraska and want to go to court and ask for my son for the school year and he can have him for breaks and weekends and such (it’s only 5.5 hrs away).... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 18, 2019

Hopefully, you realize that you will need court permission, or agreement of the father, to move your child to Nebraska. If granted, that may lead to a change in child support due to a change in the parenting time. The financial assistance he receives from his family should be counted as income if... View More

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1 Answer | Asked in Family Law for Colorado on
Q: My exwife wants to let my child go outside the country without my consent.

My children, 12 & 10, ex wife and myself all live in colorado. My ex wants to allow our 12 year old to travel outside the country with her boyfriend and a music band. I have consented to them leaving the country before for a family vacation. I do not consent to this trip due to her not having a... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 8, 2019

This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?

The only court ordered thing was child support. He doesn't care to see his son

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 7, 2019

IT DEPENDS. IF THERE IS AN EXISTING COURT ORDER, THEN YOU NEED TO GET COURT PERMISSION FOR TE MOVE. YOU SHOULD GET A LAWYER TO REVIEW YOUR SITUATION AND ADVISE YOU HOW BEST TO PROCEED.

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1 Answer | Asked in Child Support for Colorado on
Q: Case mgmt order issued on Verified Etry of Support Jdgmt, do I have to wait to file Contempt Motion on other issues?

Can I address other unresolved issues or other unpaid reimbursements thru a filing of a Motion for contempt, if judge has already issued a case management order on the Verified Entry of Support Judgment, that includes mediation end of February? Or do these other issues have to be addressed thru... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 1, 2019

You should be able to pursue the other matters without waiting on resolution of the judgment issue. It would be up to the judge to decide how s/he wants to proceed. The court may want to deal with all matters at one time. It sounds like you should hire a lawyer to deal with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I take away my ex's rights and have my husband adopt my daughter

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 21, 2019

You may be able to have your husband do a step-parent adoption. This will be easier if her father will consent to it. If not, you can request the court permit the adoption on the basis he has failed to provide any support for over 1 year. You should retain an attorney for this.

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1 Answer | Asked in Divorce for Colorado on
Q: If my spouse and I agree on how we will handle our property in a divorce do we have to present it to the court?

We want to avoid filing all our financial information in the court and keep it to ourselves. We have agreed on our own what to do with our property.

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

You are required to make full financial disclosure to the court. The court is being asked to approve your settlement and make it a court order. That requires the court to make a finding that your agreement is fair and reasonable.

1 Answer | Asked in Child Support for Colorado on
Q: Can unpaid health insurance reimbursement in support order, be included in Verified Entry of Support Judgment in CO?

Or can I only include unpaid Child Support? Support order states monthly support amount AND reimbursement of health insurance premium

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 31, 2018

You may be able to do it IF the order states the amount of health insurance reimbursement. Otherwise, you can file a motion for entry of judgment. He can respond and the court may set a hearing. you should retain an attorney for this.

1 Answer | Asked in Child Support for Colorado on
Q: my son's dad wont agree to the child support calculator based upon his income wages will the judge tell him different?

we recently had mediation and we set a parenting plan he agreed to everything but when it came down to the child support I wanted it to go by the calculator based on his income wages and he didn't agree my son lives with me full time he would only have him weekends up until now with this new... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 31, 2018

The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: The mother of my stepchild is currently not letting see him. We have a parenting plan in place, but still refuses.

Everything was going great until about two months ago, when she decided she was not going to let us pick him up any more.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 7, 2018

The father needs to enforce the terms of the parenting plan. He should hire an attorney for this. He should not let a lot of time go by.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I recieved a JDF 1415, is this not a child support change?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 6, 2018

JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

1 Answer | Asked in Child Support for Colorado on
Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support

can they make you pay CS without proof you are the dad

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2018

I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I received a citation to show cause in Douglas county courts. Does C R S 13-22-311 apply in this matter. Douglas county
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2018

13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.

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