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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Family Law and Probate for Colorado on
Q: My son's father passed away unexpectedly and didn't have a will. What is he entitled to? He's still a minor.

We were married for ten years but divorced. He was remarried for less than one year. She's refusing to give my son anything of his Father's.

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

Your son probably is not entitled to anything, unless the estate is very large. In that case, he may be entitled to a percentage. Also, the estate may be charged with lump sum child support obligation if appropriate. You should retain an attorney for these matters.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: my kids live with me go to school from my home mother has filed for child support
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 20, 2018

You need to deal with her filing. Child support is based on each party's income and the number of overnights each party has with the children. You should get credit for the time they are with you. You should retain an attorney to help you with this.

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2 Answers | Asked in Divorce for Colorado on
Q: I have been separated from my wife for 14 years, we never got legal divorce. I want to buy a house, what can I do

Is there a legal document she can sign so not to claim on the house

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

Any property obtained during the marriage is considered marital property, subject to an equitable division. This means a "fair" division, not necessarily an equal division. You should get a divorce.

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1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My son is 18, living with me, still has 1 yr of school

Do I still pay child support to my ex, if he lives with me permanently

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

You need to comply with the existing order until/unless it is modified. You can file a motion for modification. The modification can be made retroactive to the time there was a consensual change of custody. You should retain an attorney to do this for you

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: If my divorce decree states my ex husband can claim our child every third year but has not done so in 9 years.

My ex has also moved to California. Im wondering if my decree here even pertains?

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

Your decree still controls this issue. An exception would be if he is not current in child support for the year. If he is not, he can not claim the exemption.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I've made less that my ex- wife since about 1996.(Probably earlier). I lost my job and was unable to pay for about 3-5 y

My ex- wife has earned around double, if not more than, myself since since 1996 or so. I never tried to get the child support re- adjusted. (I couldn't afford to hire a lawyer, but made more than allowed for assistance.) I also figured my boys were worth it. I fell on some hard times, and... View More

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

Unfortunately, you are stuck with the existing orders. The court has no authority to change them now. One possibility is to offer your ex a lump sum settlement for less than the full amount. Maybe you could borrow that from a friend/relative/ bank. If you do that be sure to get a written agreement... View More

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2 Answers | Asked in Divorce and Military Law for Colorado on
Q: Filed my divorce we had to do a mediation I deployed prior to that, unknown on status who do I contact now to finish?

After filing the divorce both parties submitted documents. We had a scheduled mediation I was unable to attend because I got deployed for 10months, now I’m back and don’t know who I contact or if I have to start all over from the beginning?

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

You need to check with the court to determine the status. It is possible the divorce was finalized without you. It is also possible the case was dismissed if no one moved it along. Finally, it is possible that it is still pending. You need to know so you know how to proceed

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2 Answers | Asked in Family Law for Colorado on
Q: We live in Colorado. My wife and I are planning a European trip in May, alone. We have a 16 year old still at home.

We are planning on leaving him in the care of his 21 year old sister. Do we need to provide her with any type of documentation - for instance to take him to the doctor in case he gets hurt or sick?

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

You can execute a temporary custodial power of attorney form which can not last more than 1 year. This will enable her to make any necessary decisions while you are gone. An attorney can help you with this.

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3 Answers | Asked in Divorce for Colorado on
Q: Where do I file when we live in separate states?

We were married in 2004 and separated in 2011. We lived together in Florida for several years where we had two children. He hasn't had any major contact with either child since 2012. We have agreed to terms of the divorce but don't know how to proceed. He still lives in Florida and... View More

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

Child custody jurisdiction lies with the state where the child has lived for the last 6 months (182 days in Colorado). This applies to children under age 18. If both children are under that age, you will have to file for a divorce in one state and for custody of the other child in the other state.... View More

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1 Answer | Asked in Domestic Violence and Family Law for Colorado on
Q: So my boyfriend and I were involved in a domestic dispute two weeks ago. He went to jail it was during his parenting tim

His child slept thru the entire thing. He was even tazed 10 feet away. The police had to wake his son up to let him know what was going on. The police had asked if he wanted them to call his mom. He said no he would stay with me than the next day go to grandpa's. So they left him with me which... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 5, 2018

Your boyfriend should retain an attorney to represent him. The court will find this to be a very disturbing incident. Your boyfriend will need to convince the court that the child is safe with him.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Will I have to travel to Oregon for a hearing?

I just found out that I'm being named the father resulting from a one-night-stand in Chicago 14 months ago. I'm now located in Denver and the child is in Portland. I'm a full-time student now in a rigorous, short-term software engineering program. I haven't been served yet, but... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 5, 2018

You should retain an attorney in Oregon. You may not have to be there for the hearing. you may be able to participate by phone. You definitely want to have a paternity test done. The circumstances of your encounter with the mother do not matter in any legal sense.

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2 Answers | Asked in Child Support for Colorado on
Q: My ex husband was ordered to pay child support but I have not received payment would the state withhold the payment
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 5, 2018

You can have the court issue an income assignment. That will require his employer to withhold the support payment from his paycheck and send it to the child support enforcement agency which will then send it to you. Child support enforcement can set this up for you or you can retain an attorney to... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Can siblings (boy and girl) under 10 share a bedroom in Colorado.
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 2, 2018

There is no law against it. However, if you are asking in the context of a custody matter, it depends on the decision made by the parent(s) who has/have decision making authority and what is provided by the parenting plan.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: The mother of our child has been evicted from 2 places in the past year. Is this enough to change the current 50/50 tim

The kid is 12 years old and is tired of her belongings being lost and moving from place to place with her mother multiple times a year. Is this enough for myself (father) to get majority parenting time? We would be looking for Sunday thru Friday so she is stable at least for the school week. As... View More

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

Being poor is not the issue. The issue is the best interest of the child. I think your position has merit. however, mother may be able to resume the prior schedule once she obtains a stable living situation. You should retain an attorney to help you obtain the best outcome for your child.

1 Answer | Asked in Child Support for Colorado on
Q: When a review of financials is requested to redetermine child support, will my new spouse's income be considered?

My new spouse is not the parent of the children in this case.

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

Generally, your new spouse's income is not considered- just the income of the children's parents. (you and your ex)

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I move out of state if there is a custody agreement in order from 2011. The father has not seen the child since 2012

The father has not requested to see the child since 2013. I just need to know if my husband and I can't leave Colorado without having to go back to court

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

You need to have the written consent of the father or a court order authorizing the move.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What should an agreement about kid's college support between divorced parents contain?

My ex-wife and I (we are divorced) are planning to get to an agreement on opening college funds for our kids and contribute monthly to the college funds. We did not include anything of that sort on our divorce decree and parenting plan, so now we have to come up with an agreement now. Basically, we... View More

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

You should detail the amount and time of each party's contribution and remedies for breach. Is there a way to cancel the agreement? What if the children do not go to college? How will funds be held/invested? What if there is a disagreement about managing the funds? Who is the owner of the... View More

1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I married in Tunisia, and did a visa request for him. We separated. I withdrew the visa request. Am I married in the US?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 27, 2018

Generally, any state in the US will recognize a valid marriage that occurred in another state or in another country. So, yes, you are considered married here. however, I do not know what the immigration consequences of your situation are.

1 Answer | Asked in Child Support for Colorado on
Q: a woman filed a child support case. What if a man is not sure if that is his child?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 27, 2018

You can request a paternity test as part of the child support proceedings. There are time limits involved so you should move promptly. You should retain an attorney to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: No children and are being amicable during the divorce. When can I move out of state? Can I leave once the papers filed?

I want to know when I can move out of the state and/or how often I might have to be back in the state during an amicable, no children divorce in the state of Colorado. We are also filing together.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 22, 2018

You can leave whenever you want. You may have to come back if necessary. However, that may possibly be avoided if all the paperwork is in order and nothing is contested. Sometimes, you can appear by phone if the court permits it. An attorney could help things go through smoothly

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