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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: My ex wife is attempting to keep my children from me I had a positive covid test- no symptoms & 14 days since can she?

It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 17, 2020

The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: got eviction letter on april6, that I have to be out on april 20. Have been in home quarantine since march12, no w

no work since stay at home order , whats the steps if sheriff shows up?

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 16, 2020

If this is not a court order yet, no eviction will occur for quite some time. The courts are not holding eviction hearings and the Sheriff is not doing them either. Also, there are other restrictions if the property has a federally backed mortgag. So you are probably ok for now.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What do i do with my soon to be Ex husband refusing to give me my portion of the covid-19 stimulus money?

Our final divorce hearing is scheduled for 06/12.It's a high conflict divorce with a spouse who will not cooperate in anything.The funds were deposited into his account and he said he will not release them until the judge makes the divorce decision. With this corona situation my job shut down... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 16, 2020

I think this should be resolved at your hearing. It is unlikely that the court will address this before then. Most courts are hearing only emergency matters-this would not qualify. You should get a lawyer if you don't have one already.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My child is severely allergic to cats n dogs and has bad asthma. She lives with my exwife in an 1 bedroom

My daughter has really bad asthma and they are always going to the dr. Can I call child protective services

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 14, 2020

I doubt CPS will view this as serious enough to intervene. You may want to pursue something in the divorce court requesting a change in the parenting time arrangement. You should get a lawyer for this.

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2 Answers | Asked in Probate for Colorado on
Q: My boyfriend, who is the oldest child, mother passed away. Her home is not in her name his half sister wants house.

He was close with his mother, lived with her, his mother had no communication for least 4 years with his sister. There is a note from his mothers friend telling him she is sorry about mothers death his mom told her she would leave everything to him when she dies. His half sister took jet ski now... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 9, 2020

If things are as you say, then the house went to his mother upon her boyfriend's death. The house will now go to the mother's children equally. He should get a lawyer for this.

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2 Answers | Asked in Divorce for Colorado on
Q: I live in CO and have been legally separated from my husband since 2003, can I easily file for divorce?

no children, no property

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 2, 2020

If you have a decree of legal separation in Colorado, you can apply to transfer that into a decree of dissolution of marriage (divorce). You should get a lawyer to help you with this.

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2 Answers | Asked in Divorce for Colorado on
Q: I have a post nup and it says I will get 100% of the home/equity also says if there is cheating he would pay 15thousand

Yyyyyyyy

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 2, 2020

This really depends on the exact language of the PNA. you should have a lawyer review it and advise you.

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2 Answers | Asked in Divorce for Colorado on
Q: I recently took a very large pay reduction due to markets. It is possible to reduce my Maintenance and Child support?

I would like to do this without making any other changes to the divorce agreement (i.e. length of terms). I am worried that changing one thing in the settlement will open other areas for negotiation.

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 27, 2020

It is possible that changing the amount may lead to other changes in maintenance or child support It should not lead to any changes in custody or property division. you should get a lawyer to help you with this.

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2 Answers | Asked in Divorce, Family Law and Sexual Harassment for Colorado on
Q: In Colorado, are there any laws to stop derogatory and verbally abusive behavior from an ex?

Communication has been expressly limited to TalkingParents.com between my ex husband and myself. I have the records available to me for evidence, and he uses TalkingParents for this communication. He takes every opportunity to call me many names, all which have to do with him implying that I have... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 24, 2020

If there is a court order limiting communication to TalkingParents, he may be in violation of the court order. If so, you could consider citing him for contempt. You should get a lawyer to help you.

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2 Answers | Asked in Child Support and Divorce for Colorado on
Q: Can a dad modify alimony and child/sup on his own terms bc of own temporary salary reduction when other parent jobles
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 24, 2020

No. Only the court can modify court-ordered child support/alimony. A party wanting a modification has to file a motion to modify with the court.

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2 Answers | Asked in Employment Law and Family Law for Colorado on
Q: I can't seem to find anything on common law marriage in Colorado other than age restrictions.

I am looking for something that explains if its legally binding

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 20, 2020

Colorado recognizes CLM. It is equally valid as a ceremonial marriage. It requires that both of you intend to be married and that you live together. This is usually indicated by holding yourselves out to the community as a married couple. Also, you need to be legally able to be married-e.g: not... View More

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2 Answers | Asked in Divorce for Colorado on
Q: my question is I bought my house when I was single and I need to refinance my house now So I don't loose it.

if I do refinance before I'm Legally divorced is that considered maritial property and will he be entitled to half of the house? I Live in Colorado Thank you So much for your time...

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 16, 2020

just refi-ing the house will not change things so long as you do not put him on the deed. However, any increase in value of the house that occurs during the marriage is considered marital property, subject to an equitable (meaning "fair", not necessarily equal)) division. You should get a... View More

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1 Answer | Asked in Family Law for Colorado on
Q: Can I take my son out of state for a gymnastics competition my son qualified for without his dads permission?

My son's dad doesn't want us going out of state because of the corona virus. The meet is on my parenting time. We will be driving, and it is only 1 night 6.5 hours from home. His dad has all of the information for the trip. Our parenting plan reads "6. Travel and Vacation Plans -... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 12, 2020

You should comply with the court-ordered parenting plan. You should consult with a lawyer to review the entire parenting plan and advise you how to proceed.

2 Answers | Asked in Divorce for Colorado on
Q: I have a legal separation from NYS- in 2015.. it is not a decree. Can I use that in a divorce I start in CO?

We are amicable, have already dividied assets, have no kids,

Do we still have to do a mandatory reporting to one another?

Can I do this process myself or better w an atty ?

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 10, 2020

I suggest you start with a NY attorney to see what needs to be done. For instance, in Colorado, you can change a decree of legal separation to a decree of dissolution (divorce) after six months by filing an election to do so.

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2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

my father is still my legal guardian

he has pointed a gun at me before

he has beaten my mother in front of me

I am terrified of him

he is diagnosed with anti social personality disorder (he's a sociopath)

he refuses to give me my legal documents SSA, Birth certificate, ID ect.

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 4, 2020

If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 2, 2020

This depends on the wording of your Separation Agreement or Court Orders. That should spell out how the sale is to occur. You should get a lawyer to help you with this.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Received bonus before divorce was final and was marital property. Can that be used as basis for child support re-eval?

My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 2, 2020

The court should use your current income. Sometimes, your prior years' income is considered a good indicator of your current income. You should run the child support calculations to see if it really makes much difference. Your contribution to your son's expenses will only matter if he is... View More

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2 Answers | Asked in Divorce for Colorado on
Q: I was divorced in 2012 and today received a "Entry of Appearance" from my ex-husbands lawyer. What does this mean?

I did file bankruptcy in August that was discharged in December. And I do know that two of the debts are now going after him, but he still owes me money from his retirement. And that this new lawyer is representing him with that. We did not have lawyers for the divorce originally.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 27, 2020

So your ex has hired a lawyer. The Entry of Appearance is the lawyer's way of stating the lawyer is the attorney for your ex in this case. That lawyer is probably going to file a motion of some kind. You should get a lawyer yourself.

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2 Answers | Asked in Divorce for Colorado on
Q: If my spouse and I completely agree to the divorce in Colorado, is the JDF 1201 FORM the only thing we need to file?

There are no minor children and my spouse has been absent from the marriage for 8 years.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 25, 2020

No. You also need to file a Petition. You need to provide each other with your mandatory disclosures and certify that you have done so. You will need to file a Separation Agreement and Parenting Plan. You need to provide a form of Decree. You should get a lawyer to help you with all this.

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1 Answer | Asked in Civil Litigation and Divorce for Colorado on
Q: can I subpoena my ex wifes boyfriends tax records?

My ex wife claims she pay her bf 1300 month rent.

I want to see if he is claming it on his income tax as part of reviewing child support and maintenance

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 14, 2020

You can try. He could object. Then it's up to the judge to decide whether that is proper. Usually, you would have to have a very good reason to do this. He is not really involved and he has a right to privacy in his tax returns.

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