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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

Willing to compensate above norm rate for 11th hour notice.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 3, 2018

I may be available depending on location and type of case. You can call me to discuss it.

1 Answer | Asked in Divorce for Colorado on
Q: Can a document be created stating each keeps what is in their own name if $5000.00 is given to spouse? Is it binding?

Example: If the house is just in my name can a document be created that she gives up all claim to value or ownership to it? Again, she just wants $5000.00 and we go our seperate ways.

Regards,

Brian

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 29, 2018

If this is a divorce, you can enter into a written separation agreement. It will be binding if the judge finds it to be fair and reasonable. You should hire a lawyer for this to make sure it is done right.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do I charge my spouse with Colo. Rev. Stat. 14-6-101 non support of spouse and children?
John Hyland Barrett III
John Hyland Barrett III
answered on Nov 28, 2018

14-6-101 is a criminal statute. charges can only be brought by the District Attorney, not you. It is rarely, if ever, actually used. you could file for a divorce and have the court enter orders for support. You should hire a lawyer to do this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

See me? And does he still need to pay support?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 28, 2018

Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Professional supervisor not supervising visits properly , what should i do?

During a supervised visit, the supervisor could not hear or see the child and non-custodial parent and vice versa. . child got upset and no longer wants supervised visits, especially not with that supervisor. Supervisor's contract states that the child reserves the right to not go to the... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 27, 2018

The supervisor usually has discretion regarding exactly how to conduct the supervision. Although the supervisor's contract may have some guidelines, the real controlling document is the court order. You may want to raise these issues at a review hearing. You should consult with your attorney... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What are my next steps if my ex is trying to move my daughter out of state without my permission?

I have 50/50 joint custody of my daughter with my ex wife. She is trying to move her out of state without my permission. What legal actions can I take so she doesn't leave with her?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 26, 2018

She needs court permission to have your daughter move out of state. You can file an for an abduction prevention order if she tries to do so w/o court permission. You should hire a lawyer for this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I withhold visitation UNTIL there is a court order for parent time in place?

My boyfriend moved out. We have never been married. We have an 11 month old baby. We have NO parent time court order.

He keeps wanting to take him, but I'm afraid he wont bring him back. I've told him he can visit with the baby at my house until there is acourt order in place,... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 26, 2018

Until there is a court order, either parent is entitled to possession of the child. If you and the father can not agree on a parenting time schedule, one of you should file a court case to get appropriate orders. The court is likely to give him some parenting time unless there is a good reason not... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is the payment of alimony mandatory in CO or considered case by case?

My husband was married for ten years to his former spouse. She is constantly taking him back to court for more alimony. Her income continues to rise as she recently was able to get a high paying job. Despite her income at about $75,000 a year and his income at $50,000 she continues to insist that... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 6, 2018

It seems that maintenance in this case is modifiable. Maintenance is modifiable unless the parties have agreed to make it non-modifible. He can request a reduction or termination of the maintenance if there has been a change of circumstances which render the previous order unfair. Her increase in... View More

1 Answer | Asked in Divorce for Colorado on
Q: I got the papers, but I don't respond, what will happen?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 31, 2018

If you do not file a response, future proceedings may occur without your knowledge or input. You should retain an attorney to represent you in the divorce.

1 Answer | Asked in Child Support for Colorado on
Q: What’s my interest on 42grand child support unpaid over 7 years. 12% interest per year compounding monthly $500 cs order

Also what would I have to pay per month on arrears so my principal debt will reduce whist the interest still accrues

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 29, 2018

In order to figure this out, you need to run a calculation with a program that will provide these numbers. Most divorce attorneys will have access to that program and can come up with the answers. It does take some work to do that.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My sons bio dad and I never lived together but were married, after my dunk turned 11 months. He started getting parentin

Time, every other weekend, then he wanted almost every holiday after he was two, not he wants every weekend. He doesn't live in the same town as me, expects me to drive my son halfway and pick him up, he pays 250 a month which doesnt cover gas and daycare. He was never named father nor ever... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 29, 2018

Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the... View More

1 Answer | Asked in Family Law for Colorado on
Q: What rights does an unwed teenage father and his family have regarding being at the hospital when the child is born?

What about the child? Does he have any rights to be there, to see her, to hold her?

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 29, 2018

This is completely up to the mother as she is the patient.

1 Answer | Asked in Child Support for Colorado on
Q: How do I see my child support order and arrearages owed? How do I go about paying those if been 6 yrs

I’ve had licenses, addresses, jobs and filed taxes but haven’t had any wages garnished or taxes withheld or warrant for arrest. Xwife says I do have an active child support order, but is hard to believe. 5-6 years have passed since the divorce papers were filed. My parents had my kids for 18... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 24, 2018

You can check with the court to see if there is a case. Maybe your ex can provide some detail re which court supposedly issued the order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is it true that the decision maker can not modify or revoke any rights of the parents that already exist in an order?

I have a PCDM that I believe is acting way outside the law. She refuses to discus any parenting matters with me, and simply hands down decisions that attempt to strip my parental rights. For instance, she recently decided the kids should have a medical procedure without talking to me about my... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 24, 2018

This depends on the terms of the order appointing the PCDM. She should not contradict the explicit terms of the Parenting plan unless she was given that authority. You can request the court review her orders. There are short time periods for doing that. You should retain an attorney to review the... View More

1 Answer | Asked in Child Support for Colorado on
Q: In Co, was divorced w/2 kids. Was not served child support order/ court summons so I missed court . 5 yrs pass, help!

I missed the divorce court hearing and I’m assuming child support would be determined there. I was never served properly or at all to my knowledge. X wife had contact with me but never notified of such. I did sign divorce paperwork with her. 5-6 years have now passed and I’ve had no notice, no... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 24, 2018

We need to start by reviewing the court file to see if an order entered. You may have agreed to child support in the papers you signed. Those papers may substitute for service on you. Once we know that we can figure out how to proceed from there. It would help if your ex was agreeable.

1 Answer | Asked in Family Law for Colorado on
Q: Can a 16 year old go to court alone to get out of the abusive home she lives in

My daughters 16 yr old friend lives in a very psychological and verbal abusive home with her Father. She is so afraid of him. He has broken down 11 doors in their home. He is divorced from the mom. She is so afraid of him and he is manipulative towards her. He calls her terrible names and puts... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 23, 2018

I am not aware of any procedure for her to pursue her own. However, her mother could file a motion for modification of the parenting plan to have the daughter live with her.

1 Answer | Asked in Child Support for Colorado on
Q: 18 year old in high school has chosen to live solely with me. No standing child support in place. Can it be started now?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 15, 2018

Yes, parents have support obligations for their children until age 19 or graduation from high school, whichever last occurs (but not past 21). An attorney can help you with this.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: No custody. 4 months not being allowed to see my daughter. What can I do. Going through divorce.

My ex has not let me see or talk to my daughter for 4 months now there is no custody agreement no court orders what do I do to be able to see my daughter.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 10, 2018

The court can enter temporary orders for parenting time. Temporary orders are in place until the decree enters when they are replaced by the permanent orders. You should retain an attorney to help you with this.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention

Pursuant 14-10-107.5 and 26-13-106 c.r.s

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 2, 2018

It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.

1 Answer | Asked in Real Estate Law, Contracts and Small Claims for Colorado on
Q: Property recovery from an ex his name is on my rental property and will not take it off

I tried to pay him off but he did not accept the offer, I have a written agreement between us that states any and all property investments and items go back into the original owners hands and anything bought after the original date we set would go back to the person who invested the most money into... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 2, 2018

At this point, you need to involve the court to enforce your agreement. You should retain an attorney to help you with this.

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