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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Child Support for Colorado on
Q: Can the courts force my fiance to pay back child support while the mother and child lived out of the country?

My fiance got served with child support papers sating he owes 18000 in back child support and his wages are garnished 115 biweekly for current support. 3 months after the child was born the mother got married to a man in the army and moved to Germany for several years. Is he responsible for the... View More

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

I think he remains responsible for child support even if she lived out of the country. I do not see how that would affect his obligation.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What happens if I can't make a court date on a motion to restrict parenting time. I was served Sunday night and court

Is Tuesday morning? The first time we were scheduled in court a week and a half ago I didn't go because she didn't serve me at all.

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

You need to be there. If you can not make it, you can ask for a continuance. The court may or may not grant that. If granted, your parenting time will probably be restricted until the new hearing date. You should retain an attorney to represent you.

1 Answer | Asked in Child Support for Colorado on
Q: I have two daughters, one is 17 and the other turns 19 this month. Do I now pay half of the support?

My ex thinks that I pay the full support for both girls until the youngest reaches 19 Years. I have been paying $900/month. I believe that this support is now half after the oldest turns 19.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 19, 2018

The existing order is in place until the court enters a new order. You can file a motion to modify child support. The amount depends on each party's income and the number of overnights each party has with the child. The support amount for 1 child is not just 1/2 the amount for 2 children. It... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I want full custody but (incarcerated father)'s grandparents want to be main caretakers. Will they be granted this?

Father was custodial but is incarcerated. I am the mother of the child.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 19, 2018

You can request a modification of custody due to the custodial parent's incarceration. Generally, the court will prefer a parent over a non-parent, unless the parent is not capable of properly caring for the child. You should retain an attorney to help you with this.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: My ex husband has now moved to Hawaii. Is the parenting plan void?

* The current parenting agreement was agreed to while he was living in California and I in Colorado.

* He has since moved to Hawaii , in January 2018

* The only direct flight option costs $1400 one way

* The less expensive flight options have over night layovers with 13-18 + travel times

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 19, 2018

The parenting plan may not be void, but may be changeable. You can file a motion to modify the parenting plan. It will be up to the court to decide whether to do so. Of course, it will help if you can agree on a new plan. You should retain an attorney to help you with this

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2 Answers | Asked in Child Support for Colorado on
Q: My stipulation states that my ex and I are to submit tax returns and W-2s to each other in order to modify child support

This is to occur each year and doesn't require further litigation. I lost my job in 2015 and have been struggling financially ever since even with my new job. Paying child support has been difficult and I can't afford to go back to court. I just recently realized our stipulation has this... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 19, 2018

your agreement does not automatically modify the support amount. It requires a court order to modify. You need to file a motion to modify your child support. It can only be modified as of the date the motion is filed. You should retain an attorney to do this for you.

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2 Answers | Asked in Divorce for Colorado on
Q: My maintenance ends in April. Can I pay early and absolve myself of further obligations.

Divorce decree states that I must maintain a $500k life insurance policy as long as I owe maintenance. If I were to die prior to finishing maintenance would my estate be liable for the life insurance?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2018

Based on these limited facts, I believe your estate would only be liable for the remaining maintenance payments. I do believe you could pay early if you want. A review of your divorce decree is necessary in order to give a formal opinion.

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1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Divorce decree states I am owed half the equity in our house within 3 years. What are my options If I am not paid?

We have 50/50 custody and I pay child support. If I am not paid money owed from equity what are my options to get what I am owed, Could I request a modification in child support and be paid back that way?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 14, 2018

You will be able to enforce the order either by getting a judgment or by contempt. You will not be able to offset the child support you owe. If you get a judgment, you can garnish wages and bank accounts and place a lien on real estate. If she is found in contempt, she could be sentenced to jail... View More

2 Answers | Asked in Civil Litigation for Colorado on
Q: How long do you have to comply with a judge's order in Colorado?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 13, 2018

The order should be complied with as soon as is possible under the circumstances. The order may set a time period for compliance.

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: If I wanna fight for split custody. How hard would it be for me to have that happen?

The mother hasn't given me breast milk for the past 7-8 months and get told I can't give her formula instead 2 % milk but I don't believe my daughter is ready. But I have no word in what she does

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

I'm not sure what you mean by split custody. You may be able to request joint decision making. you also may be able to request age-appropriate parenting time. Breastfeeding would have to be taken into account. The point is that the court can decide these issues rather than just accepting what... View More

1 Answer | Asked in Family Law for Colorado on
Q: who's the moving party in an affidavit in support of motion to modify allocation of parental responsibilities

is the petitioner the moving party in an affidavit in support of motion to modify allocation of parental responsibilities ( decision making and parenting time)

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

The moving party is the party that filed the motion to modify. That may have been either party.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Current out of state custody agreement and how to enforce it.

My husband's ex-wife lives in CO with his son. We had full custody but allowed her to take him since he wanted to live with her at the time. The agreement was modified in MA as we were residents then and that is where the original agreement was made. We no longer live in that state nor CO. For... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

Your husband should register the decree in Colorado and then seek to enforce/modify it to provide for him to have custody of his son. He should retain an attorney in Colorado to do this for him.

1 Answer | Asked in Divorce for Colorado on
Q: I want a divorce or legal separation. I own the house. Will he get any rights to it besides his own property?

My father and I purchased the house before the marriage. My spouse has paid for carpet replacement, to have someone sand and stain the floor, and a washer and dryer, all which I would reimburse him for if necessary. He pays half of the mortgage now, but no utilities. I want to know if my house... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

Any increase in the value of the house that occurred during the marriage is considered marital property, subject to an equitable (meaning "fair', not necessarily equal ) division. you should retain an attorney to assist you with the divorce.

2 Answers | Asked in Family Law, Real Estate Law and Divorce for Colorado on
Q: Can my hisband sell the house its not under my name he bought it before we got married were not divorced yet

I have been separated with my husband for a year we are not divorced yet. I stayed in the house and he moved out yesterday I found out he wants to sell the house. Can he sell it since it’s not in my name and he bought it before we got married the home is under his name and one of his cousins but... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

Your husband and his cousin can sell the house since they are the owners. However, if a divorce was filed, you could request a court order not to sell until the divorce is final and the property division is set. Any increase in the value of the property (Husband's share) that occurred during... View More

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2 Answers | Asked in Child Support for Colorado on
Q: Child support was ordered with my 2006 divorce, but my ex never paid. Is it too late to go after child support?

I now have one son diagnosed with epilepsy and one with diabetes. He has been informed of both, but still does not help. Can I go after him for back support with the current order and request the amount raised going forward. The kids are 14 and 15.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

You can collect the back support by getting a judgment and garnishing his wages and bank accounts. Also, you can file a lien on his property. Also, you could cite him for contempt of court. If found to be in contempt, the court can put him in jail until he pays.. Also, you can request a... View More

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2 Answers | Asked in Child Support for Colorado on
Q: Do I still have to pay child support if my 17 yr old son dropped out of high school and is working full-time?

My son 17 yrs old still lives with his mom but has decided to drop out of high school to work full-time to support his girlfriend who lives with them as well.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2018

You need to continue paying until/unless a court decides he is emancipated. It may depend on how much he is earning. If he is not self-sufficient, he is not emancipated, especially if he still lives with his mother.

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2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My friend was recently divorced and her ex husband is extremely delinquent on it child support payments and spousle sup

he makes really good money and was court order to pay and has not what can she do to have his wages garnished ?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 8, 2018

She can get an income assignment which will garnish his wages on a current basis. She can also get a judgment for the arrearages. this will enable her to garnish his wages and bank accounts and put a lien on his real estate. Also, she can cite him for contempt of court. If found to be in contempt,... View More

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2 Answers | Asked in Child Support, Family Law and Child Custody for Colorado on
Q: The court appointed a Child Legal Representative that wrote a report stating I should have no contact with my children.

Should I still be required to pay support if they will not let me see my kids?

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

Yes, child support is completely independent of parenting time. you still have a legal obligation to provide support even if you are not permitted any contact.

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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: If 2 parties agree on paperwork and sign for a divorce and children custody do they need to go through court proceedings
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 5, 2018

You still need to have the court approve your agreement and order that the parties comply with it. The court does require an actual court appearance if one/both parties are not represented by counsel if there are minor children involved. You also need to do the mandatory disclosures and file Sworn... View More

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2 Answers | Asked in Child Support and Tax Law for Colorado on
Q: Is there a deadline on when child support is considered current for a tax year?

Per parenting plan, we alternate claiming our child. It is his dad's turn but he owes support from last year. Is there a date by which he has to be current? 12/31/17? Does the amount of arrears make a difference? He owes $150? Can I claim my son since he is behind?

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

The statue does not contain a deadline. I think it is reasonable to use the last day of the year-12-31-2017. Also, there is no specified amount. If he was not current for 2017 on 12-31-2017, he cannot claim the exemption.

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