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Questions Answered by John Hyland Barrett III
2 Answers | Asked in Divorce for Colorado on
Q: My mom filed for divorce after 30 years and he was served. He is saying he will not get the divorce.

The last 2 1/2 years he has not worked and smokes marijuana everyday. He doesn't have any physical sickness but he feels he can't do anything. To the point of he probably won't be able to get his paperwork filled out and go to the court. What is the best thing my mom can to to not... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 2, 2017

Your mother can process the divorce even without his participation. She should retain an attorney to make sure the divorce goes through without any complications since he is not cooperating. A house and 401k justify the expense of legal representation to ensure it is done right

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How do I make sure my kids are safe?

My son's father recently told me he was on meth. In the last 48 hours he has been placed on a psych hold, which he was released from in about 8 hours, for threateningto commit suicide, and he has gone to detox after getting intoxicated and assaulting his dad. There is no current court order... View More

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

You can file a Petition for Allocation of Parental Responsibility and a Motion to restrict parenting time. You should retain an attorney to assist you to ensure the safety of your children.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: In Colorado can my husband and I get a legal separation and still live under the same roof?

We get along ok, and are raising kids and it is very expensive to move out, but all of our affairs and finances and basically lives have been separated for awhile. He lives upstairs and I live downstairs.

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

YOU CAN STILL LIVE TOGETHER EVEN AFTER GETTING A LEGAL SEPARATION, OR EVEN A DECREE OF DISSOLUTION OF MARRIAGE.

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2 Answers | Asked in Child Support for Colorado on
Q: Can I be responsible for retroactive child support if there was no original child support order (waived by both parties?

My ex earns a significantly higher salary than me but our 2 teenage boys do not spend 50% of overnights in my residence, despite the fact that I am available and desire to have them as much as possible.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 30, 2017

Child support is usually determined by the child support guidelines. Factors include income of both parties and the number of overnights with the children, and the costs of health insurance and child care for the children Child Support can be retroactive to the date of filing the motion to modify... View More

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2 Answers | Asked in Divorce for Colorado on
Q: I have a Case Management Order for a Temporary order hearing. Do I have to file all my evidence

Do I have to file all my evidence now, or just the exfhibits needed for the Temporary order? Will I have a opportunity to file more exhibits prior to the Final orders hearing.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 26, 2017

The answer may depend on the exact wording of the Order. Generally, you only need to disclose the witnesses and exhibits you intend to use at the temporary orders hearing. You should be able to designate additional witnesses and exhibits for the permanent orders hearing.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have been garnished for child support and now my son lives with me. What can I do to stop garnishments?

My son just moved in with me last night and I want to do things the right way. I have been paying child support on him since he was born but now he resides with me. I am enrolling him into a school within my school district and he has his own room here with me. How can I stop garnishments and raise... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 23, 2017

You need to file for a modification of the child support order due to the change in residence. If/when granted, that should stop the garnishment, unless you are being garnished for past due support. you should retain an attorney to review your situation and advise you how to proceed

2 Answers | Asked in Family Law for Colorado on
Q: My ex is trying to get a modification of child support claiming he had the kids exclusively which is a lie.

He had not seen my son in 14 months and before he left to go to Army my son stayed with him more often to mend things but not exclusively and now he hasnt seen our daughter in over a year and he is also claiming that he had her exclusively for a period of time which is a lie as well. He is trying... View More

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

THIS MAY BE A QUESTION OF FACT. WHO CAN PROVE WHO HAD THE CHILD(REN) WHEN. YOU MAY BE ABLE TO COLLECT THE PAST DUE SUPPORT IN THE MEANTIME. YOU SHOULD RETAIN AN ATTORNEY, ESPECIALLY SINCE HE HAS ONE.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to get approval to go on a vacation out of state?

I am planning on going to PA from CO in December for a week with my son to visit family. The courts have not been involved with custody so far and I am the only caregiver for my son but his father does pay child support. Do I need to get his permission to travel with our son out of state? I have... View More

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

If there is no case filed, you do not need his permission. You did the right thing by letting him know.

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2 Answers | Asked in Divorce for Colorado on
Q: I have separated from my wife for over 15 years, no kids. I purchased a house 2 years after the separation, so do I need

to list it as an asset, along with any other assets acquired after the separation on the financial statement?

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 16, 2017

Yes, you need to list all assets owned by you regardless of when you acquired them.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: What are my rights if unmarried but have child?

I was engaged to girl and we had a child together. She recently ended things. She moved to be closer to her family and has our child during the week. I take him on the weekends. I want to see my son more, but want to keep things peaceful for son who just turned 2. How should I handle child support?... View More

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

You have the right to have a relationship with your son and the responsibility to contribute towards his support. Either party may bring a court action to establish parental responsibility and child support. Parental responsibility-decision making and parenting time- will be decided in the... View More

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1 Answer | Asked in Banking, Contracts, Divorce and Real Estate Law for Colorado on
Q: Sep. from spouse (not legally). Approved on own to buy R.E. but mortgage co req him to be there at signing and on title?

Parents are separated (not legally) he just moved to another state. Mom is trying to buy a condo and was approved solely on her own. Mortgage is currently in underwriting and they are requiring my Dad to be physically at the closing and on the title. Since he is not on the loan, I don't see... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 9, 2017

If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: At what age in colorado do,kids have a say in which parent they primarily live with in a divorce?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 9, 2017

There is no specific age. The court may or may not take the child's wishes into account depending on the age and maturity of the child. Usually, the court is very cautious and does not want the child to feel that they must choose between their parents.

1 Answer | Asked in Family Law for Colorado on
Q: I live in Colorado and want to establish my common law marriage. What do I need to do?

I want to establish my common law marriage. My husband and I have lived together since may of 2014. In April 2017 we started to introduce each other as husband and wife. Our friends and family introduced us as husband and wife. I need to establish our common law marriage as he is now incarcerated... View More

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

I am not sure what evidence will be sufficient for the prison officials. Filing joint tax returns is very persuasive. you should list yourself as "married" whenever asked, such at doctor/dentist's offices. Also on social media-facebook etc. Finally, you may want to explore the... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: In divorce, are there tax penalties for splitting up securities, 401K's, sale of primary home?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 2, 2017

In general, there is no recognition of income for division of property in a divorce. The 401k needs to be divided by use of a Qualified Domestic Relations Order(QDRO) in order to be free of tax consequences. With the other assets, there is no recognition of gain - the recipient takes the existing... View More

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2 Answers | Asked in Child Support for Texas on
Q: I have 3 kids that live in Texas if one turns 18 and graduates does my child support drop and price

Then I only have to pay for the other two kids

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 29, 2017

This depends on the law of the state that entered the order. Many states consider child support to end at age 18. However, Colorado continues it until age 19. Also, it may continue past the usual age if the child is still in high school. Further, since there are two other children, you may need to... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Can a medical emergency be a reason for a continuance in a TPR trial?
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 29, 2017

It depends on the judge. Usually, a true medical emergency will be accommodated. If this is a protection order/restraining order case, the temporary order may remain in effect during the continuance.

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1 Answer | Asked in Divorce for Colorado on
Q: Failure to payoff debt ordered in divorce decree

I was divorced in 6/2010. At that time the divorce decree stated that my now ex-husband was to payoff a joint credit card within 6 months of our divorce. 7+ years later I am still waiting for the account to be paid off and/or closed. I have contacted the creditor multiple times to take my name... View More

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

You should certainly request that no future charges be made on the card. Also, you could pursue your ex for his failure to pay the account-- contempt or/and judgment. You should retain an attorney to assist you if the amount is large enough.

2 Answers | Asked in Divorce for Colorado on
Q: If I only been married for 1 month and I divorce my wife.would I have to pay her alimony
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 27, 2017

It depends on the respective financial circumstances. The length of the marriage is one factor.You should retain an attorney to discuss your situation.

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2 Answers | Asked in Divorce for Colorado on
Q: i would like to get an uncontested divorce in CO, my wife is currently living in another state, can this be accomplishe

can the affidavit for decree without appearance of parties form be notarized by a notary in the state where she lives or does it have to be notarized in the state/county which we were wed and i currently live.

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

The non-appearance affidavit can be signed and notarized in the state where she lives. It does not have to be in Colorado.

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2 Answers | Asked in Family Law for Colorado on
Q: My son took his kids mom to court for visation he hasn't seen his kids in over a year. The judge said prove it .how?

She changed her phone number and moved and we had no way of contacting her so I wasn't able to pick them up every other weekend I'm the middle man. Please help don't know how to prove these things

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 25, 2017

One way to prove it is to have your son and you testify to the facts. That is considered proof if the judge believes you.Also, the mother may also agree that there has been no contact for the year.

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