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Colorado Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
Read more »

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

ive been with my wife 10 years married for 5. She was unfaithful and i want a divorce, i make significantly more money than her. We have no kids and dont own a house, no joint credit cards or bank account. Am i liable for credit card debt soley in her name? Will i have to pay maintenance? Is she... Read more »

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... Read 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 Family Law for Colorado on
Q: If the parenting plan states the father will come from out of state every weekend to see his child, but fails to do so

And then requests for his parents to take the child every single time for his parenting time for over a year, but they refuse to help with his education and co parenting, is the mother obligated to continue to drop the child off to the grandparents for the fathers parenting time?

Cindy Perusse
Cindy Perusse answered on Aug 12, 2020

The court ordered parenting time governs what you and the father are to be doing. If you tried to accommodate dad and grandparents then that's fine. But if that arrangement is no longer working then go back to the schedule of the parenting time order. If Dad isn't using his parenting... Read more »

1 Answer | Asked in Business Law for Colorado on
Q: If my business partner and I are not working out in our 50/50 partnership, am I able to dissolve the company on my own?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 12, 2020

You likely don;t have the authority to do that.

It's better if you can come to an agreement on winding down the partnership and put that in writing.

Then there's no concern of a future lawsuit.

1 Answer | Asked in Uncategorized for Colorado on
Q: My post office in my town is saying theY delivered a wrong package to my mail box, I didn’t received a wrong package

H

Tim Akpinar
Tim Akpinar answered on Aug 12, 2020

A Colorado attorney could advise best, but your question remains open for a week. It's possible they rerouted the package to the correct address after sending you that message. If for any reason you do receive a package that doesn't belong to you, notify the post office. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can an HOA enforce view corridors of neighbors for building a house? Is there a law, or case on the topic?

An HOA claims they can enforce a lower height limit than usual, or a larger setback than usual, to keep us from building a house too close to a neighbor's view corridor (even though the neighbor thinks our proposed plan is fine). We are aware that a view easement can be purchased to protect a... Read more »

Donald C Eby
Donald C Eby answered on Aug 11, 2020

It is possible for an HOA to have this authority. But, it is also common for HOAs to overstep the limits of their authority. I recommend contacting an attorney who represents homeowners against HOAs to review any documents, HOA Covenants, bylaws, rejection letter, recorded easements, etc. and... Read more »

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Is it a crime that I failed to provide my Client with a copy of his signed agreement when we first got started?

I started working with a roofing Client in August of 2019, this month marks his 1 year wrap up and instead of renewing he is threatening me with legal action because he's upset about COVID and the complete lack of business, traffic and conversions on his website, all out of my control as... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 11, 2020

No it's not a crime.

How did he sign the agreement it without a copy of the agreement?

Sounds like he's looking for any reason not to pay.

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: Can I sue an insurance company for not covering known car accident expenses?

Over 3 years ago my car was T-boned in the front end when parked and sustained body/axle damage. Their insurance company has been fighting since the beginning about fixing all the axle damage. They sent me to a car body repair place who uses Brakes Plus to fix other issues like axles. Brakes Plus... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like you were trying to negotiate with the adversary vehicle's insurance carrier. Unfortunately, the premise that generally applies in such situations is that an opponent is not under an obligation... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: What form do I need to fill out for spousal allowance?

The only real property other than the home is a car that my husband put in both his and son's name in an attempt to protect from creditors. He did this without any guidance and was completely wrong about it. His son is trying to take the car, which is the only thing I have to provide... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Aug 7, 2020

You can ask for maintenance in the Petition or the Response. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: How do I file a motion based off this bill to see if I can get my daughter back. She has been in the system since 2012.

Rights we're terminated in 2015/2016 I believe. And she is still not been adopted. Given back to state 3 times. I have bettered myself got sober and regained custody of 2 other children. I don't have money for lawyer and I would like to try to file papers on my own. She is in custody of... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

You would have to contact the Department of Human Services given that your rights have been terminated. They could initiate an action on your behalf if the determine that you have taken the steps that you need to parent effectively.

2 Answers | Asked in Child Support for Colorado on
Q: I'm so confused.... Is there a statute of limitations on back child support in Colorado? Ordered in 05, exp 12/2015
Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

There is not. Back child support can be collected, however there may be a limitation on interest if collection action was not timely pursued.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: My sister has custody of my child (8) and my child has expressed that she wants to live with me. How can I go about

honoring my childs wishes? Without having to make it hard on my child?

John Hyland Barrett III
John Hyland Barrett III answered on Aug 6, 2020

This would need to be approved by the court which granted custody to your sister. How this may happen may depend on exactly why she was granted custody. You should get a lawyer to help you with this.

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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
Sabra M. Janko 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is an rv parked in a walmart parking lot an appropriate housing arrangement for a father/daughter (6) to live?

My ex moved from an apartment into an RV with only one bedroom parked in walmart parking lot. I feel as if this is an unsuitable living situation for my 6 y/o daughter. He currently has weekend overnights court ordered but I do not feel as if the RV is a safe place for her to stay. If I do not... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 3, 2020

You should file a motion to modify if you are concerned about accommodations, though you risk violation of the order if you do not comply for reasons less than endangerment. Though weekend parenting time in an RV is not ideal when not for the purpose of camping, that alone does not constitute... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Colorado on
Q: I'm being charged with this crime. What punishment can I expect to receive
Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You have not identified the crime, however even if you had, the answer is going to be that it depends on what the evidence will show.

1 Answer | Asked in Child Custody for Colorado on
Q: What legal action can I take if being denied parenting time ?

Me and my daughters dad have a judge signed court ordered visitation plan , he has been denying me my visitation and keeping my daughter away from me . What do I do ?

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion to enforce or a motion for contempt to enforce the order.

1 Answer | Asked in Child Custody for Colorado on
Q: How do i get emergency contempt of court for daycare/school quickly?

Inshare parenting time 50/50 with my co parent. Literally final orders happened last week. We have a school age child with medical issues, specifically respiratory issues. The final orders state they remain in the same daycare my daughter has been in for 6 years. With Covid the daycare states they... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion for contempt or to enforce, however he can also file for a modification of child support if he can not pay. He would have to show a substantial and continuing change in his income. Being laid off may not establish that. You could ask to have income imputed to him and ask him... Read 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... Read 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... Read more »

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