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Colorado Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Child support if child lives with aunt.

How would I go about paying child support to the aunt instead of the mother since the child is living with the aunt. How long would the child have to stay with the aunt before she could get the child support? What steps would need to be taken? I currently pay support through fsr with CSE.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 19, 2016

You will need to seek a modification of the support order. You can contact an attorney or your local courthouse will have resources. You can also contact the child support office. Court personnel cannot provide legal advice, but they can direct you the correct forms.

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can cheating on your spouse affect you during divorce process and custody battle?

I cheated on my spouse, if my spouse presents evidence of this, can it affect me during the divorce process and also am I at risk of loosing my daughters custody.

My spouse is a legal immigrant in the US, he gets paid cash, he has his driving privilege revoked, depends on other people to... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 8, 2016

Colorado has wholly abolished all concepts of fault in a divorce with the exceptions of abuse and general health/safety concerns. Your ex cannot use infidelity as a weapon. Similarity, you cannot mention your ex's driving record or immigrant status. As with most things in the law, there are... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Will I risk custody of my daughter if I move in with my now boyfriend while being in process for divorce?

So my legal spouse moved out of the house. we've been seperated for about 6 months now and I can't no longer pay for rent on my own. I now have a new boyfriend that I love and would like to move in with him since i have no other place to. I have already began the process for divorce but I... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 7, 2016

Unless your boyfriend is a convicted sex offered against children, the move should have little impact on custody. Your ex could try to make it an issue, but it will get little traction with a judge unless the boyfriend could (or does) endanger the health/safety of the child. As an aside, the... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can moving with another family affect you while divorcing, in custody matter?

My husband and I have been seperated for 2 months I will be filing for divorce. However i cant keep living where my daughter and I currently live, cant afford it. I have a friend who offer me her house, she leaves with family. My daughter and Iwould have our own room. Would doing this affect me in... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 7, 2016

Probably not, unless the friend endangers the heath/safety of the child and/or is a convicted sex offender against children. The help may result in a reduction of the property, spousal support, and/or child support - usually the reduction is very low (esp. if the help is temporary).

1 Answer | Asked in Divorce for Colorado on
Q: How to consider losses in 401K when dividing the retirement plan?

My spouse had $100K in her 401K in 2007 when we got married. She used a high risk plan and in one year she contributed $10K and gained $90K in interests. But she lost almost all of it in 2008 with the crisis, and since then her 401K steadily increased to $130K. According to her lawyer, only $30K is... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 1, 2016

Usually gain and losses are allocated in equal share. Ask for the accounting by your wife's lawyer. As an aside, you really should consider hiring a lawyer - you are at a real disadvantage when you go against an experienced lawyer.

1 Answer | Asked in Divorce for Colorado on
Q: Can you tell me if something needs to be served 14 days prior to a divorce trial?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2016

Which documents do you need to file (some require personal service and others can be mailed/efiled/etc)? Contact the Family Court Facilitator (found on the notification of the initial status conference form that you should have from the court) for guidance.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can I still get a motion to modify child support if my daughter is staying with family?

My daughter is living with my exes sister because I do not have income or a stable home. No heat and no refrigerator, because I need child support. Can I still get child support if my daughter is not staying with me at this time but just for the last few months and until the end of the school... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2016

If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Retroactive child support when we do no mutually agree to a change in physical care occurred?

I was ordered to pay child support for my 2 kids in 2005 of 150.00 / m. I could not afford it, so I never paid anything. My son was emancipated when he turned 19, then in 2010 my daughter started staying with me. I am seeking to modify child support retroactive to that time at 649/m. My ex... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 29, 2016

(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I have a 5 year old and 7 year old. I'm divorced. Do I have to let her know where I live?

I have had problems with her coming to my apartment and causing issues. Yelling at me in the hallway, banging on my door in the early hours of the morning, etc, and i don't want her causing problems in my new neighborhood as I am renting a house.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 28, 2016

First review your separation/custody agreement to see if you are required to disclose your address (most require disclosure). As a general rule, you are required to disclose your address if there is an exchange of the children or you are lawfully exercising you parenting time. If you are only... View More

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2 Answers | Asked in Divorce for Colorado on
Q: What do I do if my ex is constantly saying negative things about me to our kids.

My ex had said things like mommy had a boyfriend that's why she left ( not at all true), when the kids say things to him about not getting as much time with me, he makes it to seem that I chose not to be with them ( we have 50:50, only my time is during the week so the kids have school, my ex... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 10, 2016

An ex is prevented from making disparaging comments about the other spouse both by Colorado law and often in a separation/divorce decree. You can petition for a contempt charge against your ex, but you should be forewarned successful claims typically involve well documented and a long pattern of... View More

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2 Answers | Asked in Divorce for Colorado on
Q: My wife wants a divorce and wants me to move out ASAP....how much time can I get legally to move out?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 29, 2016

Assuming that you both are on the deed and no protective order is in place, this is usually agreed between the parties. A court will only become involved if domestic violence is involved or a protective order petition is filed.

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1 Answer | Asked in Divorce for Colorado on
Q: How far back can child support charge for back pay if only divorced for one year in Ga. ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 27, 2016

Child support is not necessarily tied to a divorce. It is tied to the birth of your child(ren) or when financial support stopped (whichever comes later). This allows collections for unmarried parents or parents who were informally separated for years.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: What is the difference between a joint and stipulated motion to dismiss a divorce in colorado? Which is better?

What are the ramifications/benefits of each in co springs

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 13, 2016

Jointly filed motions mean that both parties file together and are in agreement of most/all matters. Joint filing removes the requirement of providing notice and generally eases the process for the mandatory mediation because the parties can communicate (note: disagreements are fine and can be... View More

1 Answer | Asked in Bankruptcy and Divorce for Colorado on
Q: There is a judgement against both me and my husband for his medical bills while we were married. We are now divorced

but I am being garnished. There was nothing in our stipulation as to who would take care of this debt, only that the general indemnification clause stated that " there shall be no presumption of marital debt, even if such obligations were incurred prior to the entry of a Decree of Dissolution... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 7, 2016

Since the debts occurred during marriage, you and your ex are jointly and severally liable for the debts (meaning you both are required to pay). You may be required to pay 100% of the debt, but you can seek reimbursement from your ex (at least for 50% of the costs). Be aware the reimbursement would... View More

1 Answer | Asked in Divorce for Colorado on
Q: Im rdy to divorce Can i take my daughter w/ me Wht consequences do i face w/ my husband if im ready to process divorce?

He's been abusive in the past and I no longer want to live under the same roof as him, can I leave and file for divorce while living with a friend? How would this affect custody battle? I live in CO.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 5, 2016

Repeat question, see prior answer.

1 Answer | Asked in Divorce for Colorado on
Q: Hi, im looking to divorce my husband. Can I leave the house without facing any problems for taking my daughter?

My name is Alexa. I no longer can continue being in an abusive marriage, he's abused me in the past. I feel like Im forced in this. I want to leave the house ASAP but im scared i will face serious consequences for taking my daughter with me. What would be the propper steps to follow in this... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 5, 2016

As a parent you can leave with the child in both emergency and temporary situations. If you are concerned about an IMMEDIATE threat to the safety of you and/or your child you can leave without notification. If there is not an immediate threat, it is recommended that you provide your husband with... View More

1 Answer | Asked in Divorce for Colorado on
Q: My ex wife is not paying bills that is in our divorce agreement. What can we do?

I have been divorced 2 years and seprated 4 years. In the divorce agreement she was to pay all the credit card bills, even those we took out in my name. Well it seems I am still being affected by her financial problems. She sold the house, got the money, and irs sent me a bill for the loan. I sent... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 25, 2016

Unfortunately the divorce agreement do not protect (or waive) personal liability on debts originating during the marriage. The decree allows you to sue your ex-wife if you are forced to pay on the debts. You can also pursue court sanctions for her failure to abide by the decree. This rule applies... View More

1 Answer | Asked in Divorce for Colorado on
Q: My wife was common law married until 2002. She never legally divorced him, so is our marriage valid?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 25, 2016

By common law married, do you mean that a court held that a marriage existed? If the marriage was never approved by a court, then the "marriage" is not recorded (i.e. she was never formally married). If the marriage was created, then yes a divorce is required. You might want to contact an... View More

2 Answers | Asked in Divorce for Colorado on
Q: I was married in Nevada 5 years ago, I just moved to Colorado two months ago, my husband lives in Utah where I also

lived for 8 years before moving to Colorado...which state should I get a divorce attorney..Colorado or Utah??

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 19, 2016

You can file in either state. Contact an attorney to review the strategic considerations of filing in CO or UT.

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1 Answer | Asked in Divorce for Colorado on
Q: How much does it cost to hire a divorce lawyer thanks
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 11, 2016

It varies based on the nature of the divorce. Jointly filed/non-contested divorces are usually around $900-$1,000. Arbitration/mediation divorces are usually charged hourly and usually range from $500-$2,000. Contested divorces are harder to call--mostly it depends on the degree of disagreement... View More

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