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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce for Colorado on
Q: My wife and I are going to divorce, she wants me to cosign on a home before we divorce. What is the possible scenarios?

One of her stipulations is that I cosign for her home to buy as part of the divorce. She claims I will not be liable for any payments and we can put that in the separation agreement. She can not afford a mortgage on her own, she is planning on renting out two rooms to make the payment. Is this... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 14, 2022

Realize that if you do this, you will be responsible to the mortgage company for the payments regardless of what your separation agreement says. You can get a divorce with or without her agreement. y

You should consult with a lawyer to review your entire financial situation and advise you...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Q: If I inherited money and placed that money in my husbands bank account that only has his name on it.

Then give that money to his mom to buy us a house. Now separated and she sold the house and we are goin through a divorce. Am I entitled to all the money back. Or do I need to split it with my ex husband. Do inheritance laws prevail or are they trumped once I deposited that money into his account

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 11, 2022

That money has become marital property. It is now subject to an "equitable" distribution. This means a "fair" division, not necessarily an "equal" division. You should get lawyer to help you with this.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Colorado on
Q: my wife served me with divorce papers. She began stealing both our accounts and our business account we are still marr

We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 26, 2022

You should consult with your existing lawyers re how best to proceed.

1 Answer | Asked in Divorce for Colorado on
Q: Hi i have questions about a divorce i filed for i was 15 when i met my husband and he was 32 now divorcing

The time we were together not only was i not old enough to work but when i was he didnt let me he said only whores worked especially when they had a man to take care of them and then when i had kids and told him i wanted to work he said whores that wanted to get away from their kids wanted to work... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 20, 2022

You may be eligible for maintenance and child support in the divorce. This will depend on his income compared to yours. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 17, 2022

You will need the consent of the other parent. If s/he does not agree, you will have to file a motion with the court for permission to move with your son. You will need a new parenting plan for this. You should get a lawyer to help you with this situation.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: My ex-partner won’t come forth to pay the personal lien she put on my property We can’t find her

I have a new mortgage type and it’s been approved we need to pay her get her lien off

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2021

You will have to work with your new mortgage company to see if the new loan can go through without a release of this lien. It may be possible to escrow the lien amount in case she comes forward. Alternatively, you may need to try harder to actually find her.

1 Answer | Asked in Divorce for Colorado on
Q: If an RV is purchased within a marriage and titled to one person is it marital property upon divorce?

We have recently separated. The RV was officially paid for within a few days after we began spending time apart. If titled only in my husbands name would there be any issues of equal ownership if we divorce?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 22, 2021

Generally, anything purchased during the marriage is marital property, subject to an equitable division in a divorce. An exception would be if the money came from his separate property, such as a gift or inheritance.

2 Answers | Asked in Child Support for Colorado on
Q: My sons dad didn't pay child support til he was 7 when the county found him. do I sue for the support before that time?

The court did not find him til my son was 7. My son is turning 19 next month and we want to know how to go about getting back support from before the court order

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 22, 2021

You may be able to do that. The exact procedure will depend on whether there was a divorce or some other child support proceeding, and what orders have already been issued. It will also make a difference whether you and he were living together during those 7 years. You should get a lawyer to review... Read more »

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1 Answer | Asked in Divorce for Colorado on
Q: File for a divorce. First initial conference is next week. But want to cancel it

File for a divorce. Using a lawyer. First initial conference is next week. The respondent has not file a response. Change of mind and heart. Can the stipulated motion to dismissed be file by petition it self, without the lawyer? Thank you in advance for your help.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 21, 2021

You will have to go through your lawyer. Your lawyer should not have a problem with this. If your lawyer is unwilling to do this, you can ask the lawyer to withdraw and then you can file it yourself. This could also be handled at the initial status conference.

1 Answer | Asked in Family Law for Colorado on
Q: I have an older brother who is about die, who’s responsible for burial costs?

I live in Colorado, he lives in Wyoming

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 16, 2021

Technically, the decedent's estate is responsible for burial costs. This should be handled by whoever is designated as the personal representative (executor) of his will. However, if a family member/friend makes arrangements with a funeral home, that person may be contractually liable to pay... Read more »

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Hello, I have a question for you .. In 2000 I was very ill and my wife at the time had gotten power of attorney,

( we are still legally married but we are no longer "together") I am now no longer dependent on her to make decisions for me, but wanting to know how, can I tell if the power of attorney is still active. and if it is active how can I cancel it.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 16, 2021

A power of attorney usually is effective until revoked. It usually does not have a time limit. So, your is probably still in effect. you can revoke it in writing and provide it to her plus anywhere she may have used it. Also, you should ask her to return the original poa to you.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have a status conference coming up. It's in regards to a relocation request by the other parent whom moved already.

How should I prepare. Why do we need to have a status conference? She was just found in contempt for not abiding by our current order. She's already filed her request and I filed my response opposing it. Why can't the judge just make the call?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 14, 2021

The relocation motion can only be decided after the judge hears all the evidence for and against the requested move. The status conference may be to discuss how the case will proceed and perhaps to schedule a hearing. you should get a lawyer to help you with this.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Filed a motion. Ex didn't respond in 21days. Order published on 23rd day. Ex responded to order? What will Judge do?

21 days to respond to motion by CO law. Judge granted request to modify, Ex submitted letter stating opposition to the modification. Will Judge ignore or consider the response?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 13, 2021

This could go either way. The judge could stick with it's order. On the other hand, the judge may feel it is appropriate to have a hearing if your ex's letter raises substantial issues the court wants to resolve.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 7, 2021

The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Failure to follow separation agreement after divorce.

Specifically, refinancing our house and paying me the equity by the dates agreed upon. The value of the house has also increased since the agreement was signed and executed.

Can I ask for more money in equity?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 1, 2021

Your remedy is to enforce the separation agreement. You probably are not entitled to any more money due to the increase in house value. you should get a lawyer to help you with this.

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1 Answer | Asked in Divorce for Colorado on
Q: I'm married by common law and have a 18 month old daughter. Do I need to file for divorce?

I am a veteran and they both are considered my dependents and that we are married.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 26, 2021

In Colorado, a common-law marriage is as legal as a ceremonial marriage. So, yes, if you have a common-law marriage, you need to file for divorce if you want to dissolve that marriage. You will have the same issues to resolve as any other divorce, such as custody, child support, property division,... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: ls a court summons severed to the wrong person that also does not live here a legal summons?

Saturday afternoon l had a process server come to my door and said do the LaGasse's live here. l said yes. he gave me an envelope and turned around and mentioned my son Joshua's name as he walked away. L don't have very good hearing. lt was a very confusing moment. He did not ask who... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 5, 2021

Service on a family member who lives here is valid. So, IF your son lived there, that would be valid service on him. Since he does not live there, it is not good service. The PROBLEM is that the return of service will state that it was served on a family member who lived with your son. The court... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

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