I would not be concerned with being considered as "abandoning the marriage". That concept does not have any relevance in a "no-fault' case. However, it may be useful to have a written agreement re finances during the separation. You should get a lawyer to help you.
If you can not proceed directly against the trust (I'm not sure about that), you can still cite him for contempt. The judge will consider his potential disbursements from the trust as a factor in determining his ability to comply with the existing order. You should get a lawyer to help you...Read more »
We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.
We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... Read more »
She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?
Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.
I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »
The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... Read more »
IS THERE AN EXISTING ORDER RE PARETING TIME? IF SO, YOU SHOULD SEEK TO ENFORCE IT. IT MAY NEED TO BE MODIFIED IF THE DISTANCE MAKES IT IMPRACTIBLE TO FOLLOW. GIVEN YOUR DAUGHTER'S AGE, IT IS LIKELY ANY VISITATION WILL BE WHERE SHE LIVES-SO YOU MAY NEED TO GO THERE FOR THE VISITS.
Your response should explain why the current parenting time order is in the best interest of the child(ren). It should refute the factual allegations contained in the motion. You should get a lawyer to help you with this.
It depends. Overtime is not considered EXCEPT if required by your employer (mandatory overtime), or if so substantial that it is appropriate to consider it. You should get a lawyer to help you with this.
My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... Read more »
My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »
Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.
His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... Read more »
You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the...Read more »
Hi I live in Colorado and a year ago I found out I might have a 14-year-old son. He was being raised by his mom and his father but his mom decided to let me know that he could be mine now they are trying to get child support from me is this something I am legally responsible for?
You may be responsible if he is your biological child. The mother would have to bring a paternity case against you. Then there could be paternity testing done to determine if you are the father. If that happens, you should get a lawyer to help you with this.
A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for...Read more »
He’s now insisting on being the one to take them to all medical, dental and vision appointments. I feel we should take turns since we can’t both go in right now. He’s fighting me on it. We have 50/50 everything. I know it’s a power play but I don’t know what to do.
Assuming there is a court order regarding parental responsibilities, there should be an allocation of medical decision making. Perhaps joint as you indicate. In that case each parent has the right to attend medical appointments. You should have a layer review your order and advise you.
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