Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by John Hyland Barrett III
1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: My 18 yr old son committed 2nd degree assault and is awaiting trial. What do I need to do to get him emancipated?

Do I petition the criminal court or family court. The issue isn't so much child support but the cost of inpatient mental health facility he's in. Plus in this case he committed the crime against his brother so now I have those bills as well.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 17, 2018

Your son is a legal adult at age 18. I don't see that you have any financial responsibility. However, in Colorado, child support goes until age 19. you may have to file a motion to terminate child support if he is in fact emancipated (self-supporting). You should retain an attorney to see if... View More

2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: I filed for divorce and my husband is dodging the servers and says he will refuse to sign paperwork, what will happen?

We have one child and I have always been the primary caregiver, I have had only 2 jobs in our 6 year marriage, and he has had countless because he just quits jobs all the time. He refused to share responsibility of bills and the house and with our child, which is part of the reason why I filed for... View More

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

You need to get him served. Try using the county Sheriff. If you are using the sheriff, try a private process server. Sometimes they are more resourceful than the sheriff. Once you get him served, the process will proceed even without his cooperation. It will not be uncontested unless you and he... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can my x leave the state of Colorado with my kids if their is a permanent protection order on mepmop
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 12, 2018

If it was a Colorado divorce, she will need court approval to leave with the children. The PPO is something the court can take into consideration.

View More Answers

2 Answers | Asked in Family Law and Civil Litigation for Colorado on
Q: What are ramifications of co-petitioner filing a motion to modify decision-making responsibility without his signature?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 11, 2018

The court may possibility dismiss it without a signature. However, it is possible the original filed with the court has a signature even if your copy does not.

View More Answers

2 Answers | Asked in Family Law, Child Support and Child Custody for Colorado on
Q: My son is 18 and moved from mom's house to mine. Can I file to term support of do I also file mod of parenting time?

Mom and he agreed it was not good for him to continue living with her but I am still paying child support although paying 100% of his support to live at my house. He has been with me 30 days now and has no intention of moving back with his mom. The online help is unclear as he is now an adult so... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 11, 2018

You do not need to file to change parenting time since your son is a legal adult. However, you can file for a modification of child support (which runs to age 19) based on the change in residence.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Stepsons came to stay with us 1 month ago. He is 14 and wants to stay with dad. can he go to court and choose

He had behavior issues at her house but doesn't have them with us. He has a learning disability and we are enrolling him in school. Mother decided to let his dad try with him.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 9, 2018

No, your stepson can not go to court to ask for a change in custody. However, his father may be able to do so. Much will depend on the existing orders and the positions taken by his mother. You should retain an attorney to review the matter and advise you.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Does the custodial parent have to give the non-custodial parent their forwarding address?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 9, 2018

Absolutely. Both parents are entitled to know the child's address, unless there is a court order to the contrary.

View More Answers

1 Answer | Asked in Child Support for Colorado on
Q: Divorce decree. All childcare is split 50/50

With her week of babysitting for my son would be 192$ when it’s my week with babysitting costs it’s 150$ she owes me. So there’s a 42$ difference. Does that mean I only owe her 42$ her week? And does this count as child support? Because she declined child support and judge granted it it.

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

This depends on the court order. The order may have taken childcare costs into consideration in the calculation, or the court may have ordered a division of those costs, or perhaps it was not addressed. You need to follow the order. You may be able to request a modification of the order if... View More

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: How do I go about child support. My ex pays 57.62 a month with 10.00 for back child support. To up it more a month

We do every other weekend and he has our son for two months for the summer. He doesn't have prrof if work employment.

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

You can file a motion to modify child support. It should be determined based on your time sharing for the child and your respective incomes (or potential incomes if voluntarily underemployed), plus daycare and health insurance expenses for the child. You should retain an attorney for this.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My ex and I have 49 51 custody past year there has been issues surrounding his living environment my daughter and his

Step daughter physically Faught I changed her school and she’s been living with me full time she recently was hospitalized and has so many emotional issues he won’t help money or with her is this grounds to modify and ask for child support I miss work to get her to appointments

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

You may be able to have the court modify the parenting time schedule. That may result in a change in the child support. You should retain an attorney for this.

View More Answers

2 Answers | Asked in Child Support for Colorado on
Q: . Ex wife refused child support. Judge granted it. Can she file for child support again?

I owed less than 30$ it’s a 50/50 child custody. She threatens me to go back and request child support.

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

If the judge entered an order for child support, it is still binding, even if she has not insisted on payment. She can request a modification if the new amount would be greater than 10 % different from the old amount. you should retain an attorney to represent you in this if she files anything.

View More Answers

2 Answers | Asked in Child Support for Colorado on
Q: If my child is 18 but still in school am I required to pay her child support still?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 4, 2018

In Colorado, child support is payable until age 19, or graduation from high school, whichever occurs last (up to age 21).

View More Answers

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have discovered that the mother of my child who is breastfeeding is smoking marijuana, what legal recourse do I have?

Just prior to her delivery, the estranged mother of my child admitted to smoking marijuana to the hospital and had the umbilical chord tested which came back negative, her urine test also came back negative. I was at a dinner gathering where I actually witnessed her leave to smoke marijuana with... View More

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

You need to file an action for allocation of parental responsibilities. Then the court can exercise some control over the situation. The court can also set a parenting time schedule and enter orders for child support. You should retain an attorney for this.

View More Answers

2 Answers | Asked in Divorce for Colorado on
Q: My wife wants a divorce but I don’t. She won’t agree to marriage counseling, do I have any options in court for that?

Can I make these requests in mediation?

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

Realistically you can not be successful with that request unless she agrees to it. The court will accept one party's assertion that there is an irretrievable breakdown of the marriage, which is the legal standard for a divorce. You should focus on the other issues, such as property and debt... View More

View More Answers

1 Answer | Asked in Family Law for Colorado on
Q: Can I take my partner to court for not allowing me in the decisions about our child's education?

We are not married, have been living together for almost 6 years. He made the decision to pull our son out of school without consulting me. This is the second time that he has done this.

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

You would need to file an Action for allocation of parental responsibilities. Then the court could determine which of you (or both of you) would have decision making authority about this and other parenting issues. You should retain an attorney to represent you in this important matter.

1 Answer | Asked in Child Support for Colorado on
Q: I am a stay at home mom, and remarried, but if my ex starts making $500K per year, what should I get in child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 30, 2018

This depends on the number of children and the number of overnights each parent has with the children. You also need to factor in any child care expenses and the cost of medical insurance for the children. Your potential income is also a factor. You should retain an attorney to review your... View More

1 Answer | Asked in Adoption and Child Support for Colorado on
Q: My children were adopted by their step father in December 2017. Should I still be paying child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 28, 2018

The adoption would have terminated your child support obligation. Therefore, you should not be still paying current support. You are still responsible for any unpaid back support.

1 Answer | Asked in Family Law and Divorce for Colorado on
Q: My divorce was finalized two years ago, I now am living out of the county. Can I get my case moved to facilitate travel

I'm earning less now and I'm soon to have baby so I would like to file for a change of status. I'm paying child support for two daughters based on much more income than I was making then and much much more than now. I would like to have the venue changed from Montrose district to... View More

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

You probably can not get venue changed if your ex still lives here.You can still file a motion to modify your support obligation if appropriate. You should retain an attorney to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Can I keep my daughter away from her father for safety reasons?

My ex has no house he couch hops and stays at motels or his moms. He lied to me about where he took our daughter this weekend. I’m court paperwork it states I have to have correct contact info where she is staying and via versa. Can I denie him visataion till he gets an address that’s provable

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

You both need to follow the court order. You can file a motion with the court to address this situation. You should retain an attorney to review the situation and advise you how to proceed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Please help me with my daughter. Her mother wouldn't let be there when she was born. I need to establish Paternity

I can also prove that she's been very untruthful in the matter.

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

You can bring a paternity action to establish your legal rights and responsibilities for the child. you should retain an attorney to do this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.