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2 Answers | Asked in Child Support for Colorado on
Q: Is an estate a good set up for providing future child support payments upon death

He was diagnosed with cancer. He pays child support now. He won't designate the 100k come be disbursed through the trust he's setting up. He wants to designate it come from his estate. I think he's trying to pull a scam.

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

Upon his death, the court can enter new orders for child support. That can be a claim against his estate. Also, it is common that there be an order for life insurance. If so, you should make sure he is complying with the order. You should retain an attorney to help you with all this.

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1 Answer | Asked in Business Law for Colorado on
Q: how long do I have to sue a business after the date of something happening?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 1, 2018

It depends on what happened. there are different time limitations for different cases. For instance, a personal injury claim must be brought within 2 years.

2 Answers | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: what type of lawyer do I need for a bigamy case?
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 28, 2018

If you are charged with bigamy, you need a criminal defense attorney. If your spouse has committed bigamy, you need a divorce lawyer.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What action should I take when my child father has violated a court order to see my child?

Me and the father of my child had a MOA and the father violated the agree by not letting me have overnights and failed to give me and update contact information.

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

You can file a motion to enforce the court order and for make-up parenting time. You should retain an attorney to help you with this.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I need to file anything additional for him to voluntarily terminate his rights?

I filed Motions to modify, child supt, decision making and visitation. He now refuses to file a response to any of those. Instead I received a notarized piece of paper saying he voluntarily gives up his rights? What now?

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 20, 2018

The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Filed a motion of enforcement but forgot to say I had no knowledge of kids being taken out of state only said no consent

Joint custody is the order with ex having physical custody for permanent address status but will my mistake get the motion for enforcement dismissed- how do I fix this in Colorado? Is it as simple as filing another motion or can I amend the already filed motion after the other party responds- real... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 13, 2018

You can file an amended motion now. you do not have to wait until the other party responds. However, the other party may get 21 days from the new motion date within which to respond. You should retain an attorney to help you with this important matter.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I recently separated from my sons father, I am just curious as to what rights I have as a mother in the state of CO?

We are not legally married nor do we have any assets together

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

Your respective rights and responsibilities have to do with parenting issues for your sons. Who will make parenting decisions? What is the parenting time for each parent? You can file a court case to have these matters determined by the court if you can not agree. Even if you do agree, you should... View More

1 Answer | Asked in Child Support for Colorado on
Q: If your child lives with me and his mother full time are you still required to continue to pay support
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 6, 2018

Generally yes. The child support is determined by each parent's income and the number of overnights each parent has the child.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: We have custody orders that Colorado holds jurisdiction over . My children's mother is requesting that California take

Over jurisdiction as that is where she took my kids and moved to. I want jurisdiction to remain in Colorado as this was their home for the entirety of their lives, except for the past 2 years. I am wanting to petition for new custody orders as my kids have expressed wanting to be here. I have... View More

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

colorado should retain jurisdiction since you have continued to live here. You should retain an attorney to help you with this.

1 Answer | Asked in Probate for Colorado on
Q: My estranged legal husband just died, he did leave a will but I don't know if he left me anything. Do I need a lawyer?

We never legally separated and we lived together for 9 years and he has been living with his partner for 11 years. I am his only legal wife. No underaged children. We have been married for 16 years.

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

No matter what his will says, you are entitled to at least 1/2 of the estate as a surviving spouse. You should get a lawyer to make sure you get your fair share.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce decree states I can't receive alimony if I cohabitate with a significant other for longer than a 12 month period

Is there any way I can pay rent to my significant other and this not be considered cohabitation?

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

I do not think just paying rent cancels out the co-habitation. You should have an attorney review your agreement and advise you.

1 Answer | Asked in Divorce for Colorado on
Q: I have an uncontested divorce I need to file. My wife has and is still living in Europe. How do I proceed?
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 6, 2018

The best way is for your wife to sign an acceptance of service stating that she has received the Summons and Petition. Otherwise, you have to serve her. Service of process in a foreign country can be extremely complicated. Even though it is uncontested, you should retain an attorney to assist you... View More

1 Answer | Asked in Child Support for Colorado on
Q: what is the colorado law about not working when baby is under 36 months old
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 4, 2018

For child support calculation purposes, income will not be imputed for a custodial parent whose child is under 30 months of age.

1 Answer | Asked in Divorce, Family Law and Civil Rights for Colorado on
Q: IF my husband moved out and i moved can he force his right to stay if not on lease at new house?

I live in colorado springs. My husband chose to move out of our home to be with his 22 year old cousins girlfriend. HE came back and tried to force his way in so he and his girlfriend can live in the guest bedroom. I called the cops. PD stated that even if i move and the only one on the lease at... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 4, 2018

I do not agree with what the police told you. Perhaps they thought he had lived there before. However, it seems they will not help you. You should file for a divorce so the court can enter orders re this property. You should retain an attorney to help you with this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My 10 yr old refuses to go back to moms. Can they make him with no court orders? Never married. In Colorado

No orders, his sister is 13 is also with me full time

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 4, 2018

If there are no court orders, either parent is entitled to possession of the child. You should file for court orders so it is clear what the parenting arrangement is.

You should retrain an attorney to do this for you.

2 Answers | Asked in Child Custody, Estate Planning and Family Law for Colorado on
Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 4, 2018

Your grandparent's will controls who has the say over their property. If that is the uncle, he can evict you despite what your grandparents said before their death. You should have an attorney review the will to see if you have any rights.

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: What are my rights for making decisions for my 2 kids when we are legally married still but living separate?

Wife and I have been separated for 1 year. Our kids are 10 and 12 and we switch off having them every other week, and live in separate places. We have not filed for divorce yet. She met someone recently.

5 days ago, she introduced me a guy . She introduced him as a friend that had... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 30, 2018

Until a divorce is filed, each party can do what they want with the children. Upon filing a divorce, the court can enter parenting plan orders. However, the court is not likely to control the children's contacts with the parties' significant others.

1 Answer | Asked in Child Support for Colorado on
Q: can i get child support 7 years after a divorce even though i didn't enforce it?
John Hyland Barrett III
John Hyland Barrett III
answered on Aug 29, 2018

Yes, child support is for the benefit of the children. You can still enforce it now. You should retain an attorney to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: My sons are 22 and 20. Do I need to file a motion to officially stop child support payments or can I just stop paying?

Both of my sons are in college and I am paying for at least 1/2 of their college expenses. I have also continued to send child support checks to my ex wife up to now. Can I just stop paying without having to worry about anything legally speaking, or do I need to file a motion to officially being... View More

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

Unless your orders provide for college expenses, you can just stop paying. Child support ends at age 19 in Colorado.

1 Answer | Asked in Divorce for Colorado on
Q: Ex husband kept my suv in the divorce, it’s still in my name, it is close to repossession. What happens if repossessed?

During divorce I didn’t ask that he refinance because it’s a 2006 and his credit was too far gone, so it wasn’t going to happen. So there was no stipulation. Just flat out, he was able to keep the vehicle

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

You will likely be held responsible for any deficiency (loan balance minus sale proceeds after repo). Therefore, you should try to avoid having this happen. You may have some recourse against him depending on what your divorce orders say.

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