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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce and Child Custody for Colorado on
Q: My husband is withholding marital Income and refusing to pay bills to include mortgage, is this considered DA in CO

Threats include but not limited to, shutting off phone, 3 months behind house payments, kicking me out of said home, etc. He has started filing for the divorce, but has not filed. I have a 3 year old daughter, and am her sole care provider as my husband is a Fire Fighter working four on three... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 12, 2017

Your best course of action is to file for a divorce, if your husband has not already done so. The court can then enter orders for support and use of the residence.You should retain an attorney for this

1 Answer | Asked in Child Support for Colorado on
Q: My18 year old has stopped all communication with me. Can I terminate the child support order based on her abandonment?

She lives with mom and graduated high school in May. All communication has been ignored.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 12, 2017

In Colorado, child support is payable until age 19. It does not matter that she does not communicate with you.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can I keep my daughter during her father's visitation time if she doesn't want to go with him

There is a court order in place but she does not want to go. We live in Colorado and her father is in New Mexico. We went to court in colorado

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 11, 2017

No, you may not do that. The child does not decide-the court does. You are required to obey the court order. You may want to consider filing a motion to modify the parenting schedule if it is no longer appropriate.

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2 Answers | Asked in Family Law and Divorce for Colorado on
Q: Hello I live in Colorado I am married and in an abusive relationship I filed a restraining order against my husband.

He is the breadwinner he has $100,000 in his checking account and I only have $1,000 in mine we have separate accounts. I have no money for an attorney because this is a domestic violence situation am I allowed to open up credit cards in our names to pay for a divorce attorney.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 11, 2017

You can open a cc in your name-but not in his.The court may order him to help with your attorney fees.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: How do i take my niece's mom to court to get custody of my niece who has been living with me for 2 years?

My niece's mother actually has a warrant out for her arrest and she probably wouldn't even show up to court for her daughter would i automatically gain custody is she doesn't show up?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 11, 2017

You can file an action for allocation of parental responsibilities. The court will make a decision based on the best interests of the child. You should retain an attorney to help you with this.

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2 Answers | Asked in Child Support and Family Law for Colorado on
Q: I was order to pay back child support but the kids live with me full time. Do I still have to pay the back child support

My ex moved about 2 years ago and haven’t paid any money. Can I get, back child support from her? And how will this affect if any, me paying back child support? There is a court order for me to pay child support. Just to reinstate she lives in a different state, hasn’t paid me child support.... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 11, 2017

You need to file a motion to modify child support. The modification may be made retroactive to the date the children started living with you. You should retain an attorney to make sure this comes out ok.

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1 Answer | Asked in Child Support for Colorado on
Q: Why haven’t I heard anything back from child support, it’s been 7yrs since I filled out the application what do I do now
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 8, 2017

You should check w/ child support enforcement to see what the status is. Also, you can retain a private attorney to collect the back support.. The attorney should be more responsive.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If I have primary custody from a different state for the last 5 yrs and never filed for child support, can I ask for

Back child support if the mother is now trying to get full custody and child support from me? My son is in 10th grade and wants to live with his mother. We all live in Colorado now. What do I need to do?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 8, 2017

You can ask for current child support, but probably not back support, unless there is an existing order that she has not paid. You should retain an attorney to help you with this.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can my child’s mother legally keep me from seeing my daughter? We are not married- my name is on the birth certificate.

We have not made any agreements on custody, no court orders have been made.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 8, 2017

If there are no court orders, either party may have the child. If she will not cooperate with you, you can file a petition for allocation of parental responsibilities. the court can enter orders for parenting time, decision making and child support. you should retain an attorney to do this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What can I do as far as rights to my kids. He wants me to leave but will not let me take the kids. What are my rights.
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 7, 2017

If there are no court orders, either parent may have the children. If you cannot agree, you can file for divorce if you are married, or for an allocation of parental responsibilities if you are not married. The court will decide the parenting time for the children. You should retain an attorney for... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hi I have been a controlling common law marriage in colorado for 12 years. He recently told me he cheated with two

Woman for the last two years. He left came back a day later we decided to try counseling and work on it. He is getting increasingly controlling. I do not want to continue.we have two children that I have been primary care taker. We have a house and multiple cars. But none are in my name. He wants... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 7, 2017

IF YOU HAVE A TRUE COMMON LAW MARRIAGE, YOU CAN FILE FOR DIVORCE AND REQUEST A PROPERTY DIVISION, EVEN FOR ASSETS IN HIS NAME. IF YOU ESTABLISH THAT YOU HAVE A VALID COMMON LAW MARRIAGE( CLM), THE DIVORCE COURT TREATS IT THE SAME AS A CEREMONIAL MARRIAGE. A CLM REQUIRES THAT YOU INTEND TO BE... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: what forms do I need to change current parenting plan based off me moving out of state without my son?

I'm not the custodial parent but would still like time with him. And what will happen if I move prior to going to the court date?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 6, 2017

If you have an agreement, you can file an amended parenting plan. If you do not have an agreement, you can file a motion to amend the parenting plan. You can move before the court date. Be sure to file a change of address w/ the court so you are advised of any further proceedings. You should retain... View More

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: I have 50/50 custody for child since birth. ex is stating that she is moving 2 hours away. Can she do this?

Child is 4 years old, just started pre-school. Do not have a good relationship with mother.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2017

She needs court permission to move w/ the child if the move significantly impacts the parenting time schedule. This may be the case depending on your exact schedule. You should retain an attorney to review your situation and advise you how to proceed.

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I have been the primary parent for one child 80% of the time for the past 4 1/2 yrs from a court order out of state

And never asked or received child support. Now my child is 16 and wants to live with the other parent full time. The other parent wants child support even though I didn't ask for or get any for 4 1/2 yrs. Am I able to get back pay and will I be required to pay?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2017

You may be able to collect back support if there was an order for support that the other parent did not pay. You may be required to pay support at this time depending on the amount of time the child spends w/ each parent and the parent's respective incomes. You should check w/ an attorney... View More

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Does an out of state court order hold any weight from 5 yrs ago? I was given primary custody and now my child wants to

Live with mom full time because he doesn't like my wife, and because his mom feeds him bad info with all kinds of stuff. Now he's saying as long as my wife lives here, he won't come over. He doesn't like living here, because we monitor and discipline him. His mom changed his... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2017

The out of state court order is still valid. However, in order to enforce it, you will need to register it here in Colorado. The Colorado court will likely enforce the order unless there are sufficient reasons to change the order. The court will probably not want to let the child decide everything,... View More

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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: My wife wants to take my child out of the country to live. I do not want this to happen.I am in colorado. rights?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2017

UNLESS THERE IS A DIVORCE FILED, EITHER PARTY MAY HAVE THE CHILDREN WHENEVER THEY WANT.( SHE WILL NEED THEIR PASSPORTS.) UPON FILING FOR DIVORCE, THERE WILL BE AN AUTOMATIC INJUNCTION IN PLACE WHICH PROHIBITS EITHER PARTY FROM TAKING THE CHILDREN OUT OF STATE W/O PERMISSION.

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2 Answers | Asked in Divorce for Colorado on
Q: My wife and I are separated (not legally) we bought a house 7 years ago but it's in her name. We live in Colorado.

The house has about 300k in equity. Am I entitled to any of it?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2017

Any property acquired during the marriage is considered marital property, regardless of how it is titled. You may be entitled to share in the house equity, depending on ALL THE OTHER CIRCUMSTANCES. YOU SHOULD RETAIN AN ATTORNEY TO MAKE SURE THIS HAPPENS.

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2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: If I were to change my daughter's name differently from her biological fathers would he still have to pay child support

Can you change your child's last name after the biological fathers name.. and still receive child support?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 1, 2017

Yes. The name change will not affect his support obligation.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Just found out I was the father of a 1 year old boy and have been orders to pay child support n have yet to even see him
John Hyland Barrett III
John Hyland Barrett III
answered on Nov 30, 2017

Child support and parenting time are separate matters. You may want to bring an action for allocation of parental responsibilities in order to assure the right to have a relationship with your son.You should retain an attorney for this.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: My ex-wife opens a child support case here in Colorado but recently moved to Georgia,took my son and opened case there 2

I didn’t agree for her to take my son, I wasn’t contacted about the new case in GA, how did they get my wages here. I am now paying 250 dollars more a month

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 27, 2017

They will be able to garnish your wages here even if it is a GA order. you should retain an attorney to help you with this so that you are not taken advantage of.

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