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Colorado Divorce Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 22, 2020

This depends on your child support order. You should have a lawyer review yours and advise you.

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1 Answer | Asked in Contracts, Divorce and Family Law for Colorado on
Q: How to take an ex common law marriage partner off your child birth certificate?

We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation

Sabra M. Janko
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answered on Nov 16, 2020

You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.

1 Answer | Asked in Divorce for Colorado on
Q: Sister in law has filed for divorce, her husband has blocked her access to funds, how can this be restored?

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

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 30, 2020

She can ask the court for temporary maintenance. She should get a lawyer to help her.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce question

We have a house in both our names, I have the mortgage alone. I want to buy her out and keep the house, she wants to sell and split the proceeds. Who wins this?

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 18, 2020

A judge could go either way on this. There is no good reason for her to take that position IF the pay out to her would be the same. If there is a dispute regarding the value of the house, the judge could decide to order a sale. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Is it legal for my husband to have his sister sign and mail his response for service form 1103?

I filed for divorce on September 2, 2020. My husband mailed the paperwork to his sister in Texas who then filed in the blanks, signed and mailed to me. I will assume that a response was also sent to the court.

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

No, this needs to be signed by your husband. You can have it stricken.

1 Answer | Asked in Divorce for Colorado on
Q: My ex who moved out it trying to gain "use of the martial home" after moving out. I have 2 non-marital kids who dont

Want him there because he abandoned them. What can i do to prevent this?? Again my girls are not his kids and he moved out of his own free will prior to the divorce paperwork being filed.

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

Use of the marital residence can be decided by the court. The facts you present should be considered in making that determination. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Going through divorce, husband wants to buy me out of our home. In Colorado can you include broker fees?

We agree on the homes value, and minus the mortgage, can you subtract what the potential broker fees would have been from the equity?

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

You can deduct broker fees if you have an agreement to do so. If you do not have an agreement, the court will usually not do so unless it appears the property will actually be sold soon.

1 Answer | Asked in Divorce for Colorado on
Q: My wife and I live in different states. Who should file for divorce, and in which state?

My wife and I were married in Georgia in 2011. We moved to Illinois after getting married, and lived there together until separating in 2017. In 2018, my wife moved to Pennsylvania. I've just moved to Colorado less than one month ago. We have no children, and have already settled on splitting... View More

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

You can not file in Colorado until you have lived here for 91 days.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce questions

Deatails

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 13, 2020

Any debt incurred during the marriage is marital .The increase in your 401k that occurred during the marriage is marital property. Marital debt and marital property can be allocated on an "equitable" basis,meaning "fairly". not necessarily equally. You probably will also have to... View More

1 Answer | Asked in Divorce for Colorado on
Q: I am representating myself and talking to the oppositions lawyer. Can the opposing lawyer use my emails against me.
John Hyland Barrett III
John Hyland Barrett III
answered on Aug 13, 2020

Yes, I would think so. So be mindful of what you put in the email. However, there may be an exception for settlement negotiations. Generally they are not admissible.

1 Answer | Asked in Divorce for Colorado on
Q: What is the current interest rate for a state court judgement from a divorce

I was granted the motion ,,, enforce to pay....with compound interest....how much can I get? Is it daily or yearly,,, I forgot to put it in my order,,, so. I'm not sure if I ONLY get to charge annually....

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 5, 2020

Generally, interest on maintenance and property division awards id 8% per annum,compounded annually. Interest on child support is 12% per annum,compounded monthly.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: if my ex and I filed for custody and divorce, how would the custody be dismissed and us not notified?

i have been in the process of modifying the custody/parenting plan when i found out that we did not have a custody agreement on file. we filed for a civil divorce and custody at the same time. why would the custody be dismissed and is their a possibility the divorce was also dismissed?

Sabra M. Janko
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answered on Aug 5, 2020

Courts send copies of any orders issued in the case to the parties attorneys or the addresses provided to the court by the parties. You can also check with the court Clerck's office. In some locations you can sign up for electronic filing which will allow you see everything in your court case... View More

1 Answer | Asked in Divorce for Colorado on
Q: Colorado, in a divorce & wife sued by third party, civil suit for cybercrime & defamation. Am I liable to pay her debts?

Undergoing a divorce, had court hearing to go over separation agreement, and she withdrew the agreement it bc she is being sued in civil court (accused of cyberbullying and defamation, 6 counts), she wants to change the separation agreement to state that I have to split her legal fees and any money... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 30, 2020

Your wife's claimed obligations are likely "marital debts" because they were incurred during the marriage. The court can allocate responsibility for those debts "equitably', which means "fairly". You can argue that it is fair to hold her solely responsible for... View More

1 Answer | Asked in Divorce, Employment Law, Estate Planning and Family Law for Colorado on
Q: If I have to take a lower paying job to be close to my children will the court see this as under-employment?

My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... View More

Sabra M. Janko
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answered on Jul 16, 2020

This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.

2 Answers | Asked in Divorce for Colorado on
Q: Hi. Was married in September 1995, he left in May 2015. 2 children, 18 in November. Am I eligible for maintenance
John Hyland Barrett III
John Hyland Barrett III
answered on Jul 7, 2020

This will depend on the respective incomes of the parties. There may also be child support obligations. You should get a lawyer to help you with this.

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1 Answer | Asked in Criminal Law, Divorce and Wrongful Death for Colorado on
Q: What is the right way for the parents of the victim to approach County DA to claim murder by her cop husband vs suicide?

MINNESOTA CASE VS. PEACE OFFICER, ROGUE COP

Private invest results show suspect to have ended his last three marriages with a Chapter 7 bankruptcy, establishing a modus operandi of using his past wives to bankroll personal improvements in his education, motorcycles, houses...all ending in... View More

Sabra M. Janko
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answered on Jul 8, 2020

If you believe a crime has been committed, then you should report it to the police.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Support for Colorado on
Q: Can't find an attorney... Everyone I reach out to says "sorry, not my area of expertise". Child support property liens.

I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... View More

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

I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... View More

1 Answer | Asked in Divorce for Colorado on
Q: House equity split

My husband originally bought our first house two yrs before we met. We lived there together for 8 yrs and we shared all the bills/ mortgage payment. Then we sold the house and used the profit for the down payment on a new house. Now we are divorcing and I’m buying him out of the current house. I... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 29, 2020

Assuming the current house s titled jointly, it is marital property. Marital property is to be divided "equitably", not necessarily "equally". Equitably means "fairly", considering all relevant circumstances. As part of an equitable division, the court can consider... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Child 34, Father,I have not lived together since she was 1.abanded No divorce Does he still owe back child support

We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2020

You are only eligible for child support from the time that you file a petition for it.

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