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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce for Colorado on
Q: Can support be increased due to capital gains of sold real estate; not buying more real estate?

custodial makes at least $130K plus bonuses, (probably close to $200/yr and wants more support), non-custodial $35K, and pays $250/mo in support.

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

Capital gains are considered income for child support calculation purposes, but only for the year received. You should retain an attorney to advise you in this situation.

1 Answer | Asked in Child Support for Colorado on
Q: I am a 23 year old adult child in the state of Colorado with a judgement would I be able to get back child support

I am 23 my mother has the Judgment from the judge and the child support owed is over $200,000 how would I go about starting the legal process of getting the back child support

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

It sounds like the judgment is in your mother's name. Therefore, it is up to her to enforce the judgment. She can file a lien on his property and garnish his wages and bank accounts. She should retain an attorney to help her with this.

1 Answer | Asked in Child Support for Colorado on
Q: If I have full custody (minus about 2 wks/yr) is it possible that I would have to pay the other party if I make more?

If I were to make more money than the other party but have full custody, is it possible for me to have to pay them child support based on income?

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

Probably not, but you have to run the calculation. It is based on income and the percentage of overnights and certain child related expenses, such as child care and health insurance.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: My daughter is getting adopted by her stepfather. I live in Colorado and they live in North Dakota. How do I consent?

I have a daughter that I haven't seen in 8 years. Her mother married a great guy and has carried on. My daughter and I have gotten back in touch and have been patching things up and her mother and I have been getting along. My daughter's stepdad wants to adopt her and my daughter has on... View More

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

You could contact their attorney to see how you can consent to the adoption. It should be just a matter of signing a consent form which the attorney can provide.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can any parent register an out of state court order if everyone lives in Colorado? How does Colorado look at out of

State court orders? Does there have to be big changes to modify an existing court order?

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

Either parent can register the out of state order. Colorado will enforce the existing order. Colorado will also modify the order if appropriate in the best interest of the child(ren).

You should retain an attorney to make sure it is done correctly.

2 Answers | Asked in Child Support for Colorado on
Q: Ex-wife doesn't have a job. If she were to acquire one, would the amount of child support I pay her decrease?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

It may be a basis for a new child support order. Her new income would be part of the child support calculation. The new support amount will depend on her income, your income and the number of overnights each parent has with the children and child care and health insurance costs for the children.... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in co and my ex wife moved our daughter to Florida when she turned 16 without me knowing and I want to go visit.

Do I have legal right to go see my daughter now that she is 18 years old and let her know I still want to very much be apart of her life?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

Your 18-year-old daughter is a legal adult.She can see you (or not) as she wishes. The court orders are no longer in effect regarding custody/visitation.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have been offered a job promotion in canada. i am divorced due to domestic violence. he neither exercises his

visitiation or pay child support. i have sole legal and desicion making rights. how do i get thew court to grant a move outside the united states? He hasn't seen our eldest since her birthday in june and our youngest doesn't even know who he is.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

You will need to file a motion with the court to approve the children moving with you. And you should first consult with their father to see if he will agree. You should retain an attorney to help you with this.

2 Answers | Asked in Divorce for Colorado on
Q: Can we get a divorce without separating the properties? Can we have a mutual agreement of property separation?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

Usually, you will need to have a property division agreement (or court-ordered property division if you do not have an agreement) in order to finalize a divorce. You may agree to continue to hold properties together after the divorce, but that is often not recommended. You should retain an attorney... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to notify the courts I am moving?

The father of my child lives 4 hours away, and I am planning on moving approximately 20 miles south of where I currently live in the Denver area... do I need to notify the courts of this move? He does pay child support and I would be moving to a different county but as of now no APR is set up.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

You should make sure the court has your current address so that you receive notices of any proceedings.You should also let the child's father know your new address.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex is telling our 13 year old son that he should have no contact with me. We've had 50/50 custody for two years.

Our son has been in legal trouble. An evenly split custody has not been good for him. Father told son that he could live with him only if I agreed to a no contact order. The parenting plan for 3 years had been father had children every other weekend. Father is extremely avoidant and refused to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

Your immediate recourse is to insist on compliance with the existing court order. It will be up to his father to request a change in the order. You should retain an attorney to represent you if he does that.

1 Answer | Asked in Family Law for Colorado on
Q: what can I do about an emergency order of protection?

The father of my child had an emergency order of protection to remove our child from my house into his custody because of lies my now ex boyfriend told him via facebook messenger (after I had to call the cops to remove him from my house and file a restraining order on). My ex boyfriend even signed... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 19, 2017

There should be a court hearing very soon- 14 days or so. Be prepared to present your evidence at that hearing. You should retain an attorney to represent you at the hearing.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Why wont a judge or his assistant talk to me about my case and forcing me to use a lawyer?

I am almost done adopting my daughter. Her biological father has signed off on everything, but the court sent back a decline to set an adoption hearing due to a defective affidavit of abandonment. (lists wrong child)

The issue is her bio father did not abandon. Why do I even need to do this... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 18, 2017

If you do not want to get a lawyer, then it is your responsibility to make sure you are doing it correctly. The judge is not allowed to discuss the case with you except in formal court proceedings. His assistant is not permitted to give you legal advice.Adoptions are very complicated and proper... View More

1 Answer | Asked in Family Law for Colorado on
Q: I moved to Co about 6 months ago with my daughter from another state. Ex was fine with it until he requested every break

I didn't agree to all of the breaks because I dont want her being tossed back and forth. Of note, he and his family have unrestricted communication with her via ipad. Additionally, he doesn't provide for his daughter. Yesterday I was served paper work from the state we first filed in... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 18, 2017

One issue is whether that state still has jurisdiction over the custody issue. It may if he still lives there. It will not have jurisdiction if neither parent lives there. If that state has jurisdiction, it can make a decision in the best interest of the child. It is essential that you respond to... View More

1 Answer | Asked in Child Support for Colorado on
Q: Son is primarily with me I cover all his needs. Will I be tje one to pay support. I have primary residence

Joint custody but it's primarily with me I cover all his needs daycare taking all his check-ups and cover all his needs pretty much. I was served with child support papers will I be the one that has to pay I also keep a full calendar of the days I have him and you obviously see on there that... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 18, 2017

This will be based on the child support calculation guidelines. This is a formula which uses the respective incomes of the parents and the number of overnights each parent has the child along with child care costs and medical insurance for the child. You should retain an attorney to assist you with... View More

1 Answer | Asked in Divorce for Colorado on
Q: 39 year marriage. Homemaker entire marriage. Will I receive spousal support if we divorce?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 15, 2017

Probably yes. The court may award maintenance depending on the length of the marriage, and the respective financial circumstances of the parties. A lot will depend on your husband's income.it may also depend on the property division. You should retain an attorney to make sure you have a good... View More

2 Answers | Asked in Divorce for Colorado on
Q: I've been married for 2 yrs and lived in a house that's in my wife's name for over 3yrs, paying most of the mortgage

Every month. My wife has had the house for about 8 yrs. I have done a lot to the home and put quite a bit of money into the home. Since, I've lived at the home, the house has appreciated approximately $100k. Am I entitled to half of the equity the home has appreciated since I've lived there?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 14, 2017

In a divorce, the increase in value is considered marital property, subject to an equitable division (meaning "fair", not necessarily "equal'). Therefore, you may be entitled to some portion of the increased value. You should retain an attorney to represent you in the divorce to... View More

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1 Answer | Asked in Family Law and Collections for Colorado on
Q: My sister (located in virginia) has been served papers by our father suing her for $7,000 he gave her as a gift for a

Car and as payment for 4 months he lived with her. (Long story short, he's a drug and alcohol addict and she took him in during his latest relapse). He verbally told me over the phone that he "gave" it to her and told her the same. Her housemates were there and also heard it referred... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 14, 2017

She should be sure to respond to the court papers in order to dispute the claim. Without any paperwork, it will come down to testimony presented in court by her and any witnesses. The court can find it was a gift if that is what the judge thinks after hearing all the evidence.

2 Answers | Asked in Divorce for Colorado on
Q: When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income?

When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income that she should be making. It has been 10 months since we separated and she does not have a full time job. In other words, can she intentionally not work (if she's... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 13, 2017

It is appropriate to impute a reasonable income for a non-working party. That can be based on their earning potential or past income. The time sharing for the children will affect child support but not alimony.

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2 Answers | Asked in Family Law for Colorado on
Q: What does registering an out of state court order consist of? Is it still a valid court order if the other party is

Violating it with parenting time and major decisions? Everyone lives in Colorado now. Is there a possibility that she can get a contempt of court?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 13, 2017

You need to register the order in Colorado in order to have the Colorado court enter orders to enforce it. Also, if everyone is now in Colorado, the Colorado court may enter orders to modify the existing orders if appropriate. You should retain an attorney to make sure this is done correctly.

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