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answered on Dec 10, 2020
They are asking the court to reduce the normal time for filing responses/replies. This can be done if there is an urgent situation that needs to be addressed by the court.
We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.
answered on Dec 8, 2020
Assuming you have the higher income, alimony is likely. Your 401k and the house are marital property, subject to an equitable division. You should get a lawyer to help you with this.
We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... View More 
answered on Dec 3, 2020
I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.
She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?
answered on Nov 11, 2020
Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.
Not in the picture. Can I go pick the daughter up and take custody of her?
answered on Nov 11, 2020
No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.
I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... View More
answered on Nov 11, 2020
At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.
The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... View More
answered on Nov 11, 2020
IS THERE AN EXISTING ORDER RE PARETING TIME? IF SO, YOU SHOULD SEEK TO ENFORCE IT. IT MAY NEED TO BE MODIFIED IF THE DISTANCE MAKES IT IMPRACTIBLE TO FOLLOW. GIVEN YOUR DAUGHTER'S AGE, IT IS LIKELY ANY VISITATION WILL BE WHERE SHE LIVES-SO YOU MAY NEED TO GO THERE FOR THE VISITS.
IF... View More
answered on Nov 11, 2020
Your response should explain why the current parenting time order is in the best interest of the child(ren). It should refute the factual allegations contained in the motion. You should get a lawyer to help you with this.
answered on Nov 6, 2020
It depends. Overtime is not considered EXCEPT if required by your employer (mandatory overtime), or if so substantial that it is appropriate to consider it. You should get a lawyer to help you with this.
My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... View More
answered on Oct 30, 2020
I think it is ok to list this on the SFS, just like you list your rent/mortgage. However, it should not be part of the actual child support calculation.
My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... View More
answered on Oct 27, 2020
Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.
Courts also would like me to do a revisment on the child support that is put into order.
answered on Oct 23, 2020
Yes, a lawyer can be helpful, especially with the child support issue.
answered on Oct 22, 2020
This depends on your child support order. You should have a lawyer review yours and advise you.
Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.
answered on Oct 22, 2020
Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.
His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... View More
answered on Oct 15, 2020
You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... View More
Hi I live in Colorado and a year ago I found out I might have a 14-year-old son. He was being raised by his mom and his father but his mom decided to let me know that he could be mine now they are trying to get child support from me is this something I am legally responsible for?
answered on Oct 14, 2020
You may be responsible if he is your biological child. The mother would have to bring a paternity case against you. Then there could be paternity testing done to determine if you are the father. If that happens, you should get a lawyer to help you with this.
Which one is better? Who goes into more detail to benefit the child? Child is young, 6 years old this is a high conflict custody.
answered on Oct 8, 2020
A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for... View More
He’s now insisting on being the one to take them to all medical, dental and vision appointments. I feel we should take turns since we can’t both go in right now. He’s fighting me on it. We have 50/50 everything. I know it’s a power play but I don’t know what to do.
answered on Oct 6, 2020
Assuming there is a court order regarding parental responsibilities, there should be an allocation of medical decision making. Perhaps joint as you indicate. In that case each parent has the right to attend medical appointments. You should have a layer review your order and advise you.
To care for our daughter during his normal week. I agreed to give it a trial period, and see how our daughter handled her dad not being there. However, his new wife has failed to answer all but one of my calls during the week, despite orders stating we are both allowed to call our daughter while... View More
answered on Oct 1, 2020
This requires a review of your current parenting plan to determine exactly what you can/cannot do. You can file a motion to modify the plan if the current plan is not in your child's best interests. You should get a lawyer to help you with this.
My sister in law has filed for divorce after significant domestic violence and arrests of her husband. Her husband has blocked her access to bank accounts and credit cards and has no money to live on, how can her access to marital property and funds be restored so she can live and pay bills until... View More
answered on Sep 30, 2020
She can ask the court for temporary maintenance. She should get a lawyer to help her.
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