Colorado Questions & Answers

Q: Owner lets dog out often to the backyard commons that has no OffLeash sign for dogs, should I call animal control/police

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Jan 23, 2018

It is up to you whether or not you want to call animal control/police to report these violations. It is not necessary that animal control or the police catch this person "in the act" so to speak, your report alone will be enough to issue a warning or a citation by the authorities.
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Q: My husband owned two dogs when before we married. We married and still have the two dogs. Are they considered mine now?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 23, 2018

Under every ordinance I've seen, anyone who possesses or controls, keeps or harbors the dog is the owner for purposes of a criminal citation. However, if you and your husband were to split up, the dog would be his separate property. But these are two different issues. I'd recommend getting a consultation with an attorney that handles dog bite defense, such as me, to make sure both of your rights and your dog get proper legal representation.
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Q: Is there any property that doesn't have to go through probate when a person dies?

1 Answer | Asked in Probate for Colorado on
Answered on Jan 23, 2018

Yes, anything that has a designated 'beneficiary' or 'payable on death' designation, anything that is listed a 'joint with full rights of survivorship', anything titled in the name of a trust rather than the individual who has died, etc. There are MANY things that don't go through probate.

The SPECIFICS are something that is beyond the scope of this sort of forum, and you should consult with your own local attorney to see what your situation is, and whether or not modifications are...
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Q: Can my sons grandmother get custody of him because I live in another state?

1 Answer | Asked in Child Custody and Family Law for Colorado on
Answered on Jan 22, 2018

You should be prepared to show the court that it is best for your son to be with you. You should emphasize the time and contact you have had with him. Be prepared to discuss local schools/church/medical providers etc. Show the court you can/will take care of him You should retain an attorney to help you with this.
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Q: Time is split 50 50 with my son's father but I pay the healt insurance. Can I take him back to court for child support?

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Jan 22, 2018

The child support is determined by a mathematical formula which factors in each parent's income, the number of overnights each parent has with the child and certain expenses, such as the cost of the child's health insurance and child care expenses. You may be able to request a modification of child support if the new amount is at least 10% higher than the old amount. You should retain an attorney for this.
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Q: How can I file for a divorce and I'm on Social Security? Is there a way to make payments?

1 Answer | Asked in Divorce for Colorado on
Answered on Jan 22, 2018

Most attorneys will want a retainer (advance payment) depending on how complex/contested the case seems to be. Many lawyers do take credit cards, so that might be an option.
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Q: Am I able to prevent my daughter's mother from moving over an hour away? Our parenting plan provides 50/50 custody.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Jan 22, 2018

Court approval is required for a move that substantially impacts the other parent's parenting time. You could request the court issue a ruling about this. One hour away may or may not be considered too far. It might be ok for a week on -week off schedule.
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Q: In Colorado, can you legally write up your own contract for your business, or must a lawyer provide said contract?

1 Answer | Asked in Business Law for Colorado on
Answered on Jan 22, 2018

You can absolutely draft your own contracts for your business without an attorney. It's not a good idea but you can do it. What is illegal, unauthorized practice of law, is to advise others on the legalities of contracts.

Regarding enforceability of the contracts you write is an entirely different issue. You're going to do the best you can and you're taking your chances that you're just as good as or better than someone who studied law for three years, passed the bar exam, and then...
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Q: what is my legal stance on getting my final check from past employer who refuses to pay.

1 Answer | Asked in Small Claims and Employment Law for Colorado on
Answered on Jan 21, 2018

In Colorado you can either file a lawsuit or file a wage claim with the Colorado Department of Labor and Employment. Which is the better option for you is impossible to say without knowing more facts about your situation. You should talk to an employment attorney in Colorado. In some cases you can recover attorney's fees on unpaid wage claims.
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Q: Can a non profit org change my hourly wage to salary?

1 Answer | Asked in Employment Law for Colorado on
Answered on Jan 21, 2018

An employer can change an employee from an hourly basis to a salary basis so long as either the method of payment satisfies the minimum wage and overtime requirements for a non-exempt employee or if the employee is exempt from those requirements. Without more details it is difficult to say whether a change to your pay method was lawful. You should talk to an employment lawyer in Colorado.
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Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Answered on Jan 21, 2018

It is unlawful for a business to discriminate against applicants over the age of forty on the basis of the applicant's age. An employer may be liable to an applicant refused a job on the basis of age if the employer employs more than the minimum threshold under federal and state law. Your mother should talk to an employment lawyer in Colorado about what happened.
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Q: Can someone go to jail just for owning a dog who bit someone else's dog?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Jan 19, 2018

You do not have the correct information. The owner needs to contact an experienced animal attorney. If a person is suing him, that is civil court and no he cannot go to jail. If he has been criminally charged for the bite, he may or may not face jail time depending on the circumstances and what the prosecutor is seeking. Typically it is irrelevant that it's a first bite, but I have only seen one person go to jail for a dog attack, and he went to jail because he was already on parole and...
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Q: What happens if I turn over the vehicle title to the impound lot if the vehicle was involved in an accident?

1 Answer | Asked in Car Accidents for Colorado on
Answered on Jan 18, 2018

Not sure what your question is. Presumably you did that to cover cost of the tow. Has no affect on your insurance.
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Q: Does child support still need to be paid for an 18 yo going to college until they are 19 yo?

1 Answer | Asked in Child Support for Colorado on
Answered on Jan 18, 2018

You need to pay until and unless the court modifies the order. It sounds like you have filed for a modification. If granted, the court may make the modification retroactive to the date you filed the motion. You should retain an attorney for this, especially since your ex has counsel.
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Q: I got married in Puerto Rico 13 years ago. But now both of us live in the USA We want to get divorce. Can we file in US

1 Answer | Asked in Divorce for Colorado on
Answered on Jan 18, 2018

Yes, you can file in the US if you live here. In Colorado, that requires 91 days of residency-183 days for child custody jurisdiction. the process is started by filing a Petition for Dissolution of Marriage. I have a summary of the process on my website: johnbarrettlawyer.com. You should retain an attorney to assist you in this process.
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Q: hi, Im going thru a divorce, i have been with my husband for 20 years, but only legally married since 2010.

1 Answer | Asked in Divorce for Colorado on
Answered on Jan 17, 2018

I think the judge will view this as your having been married since 2000. You may receive alimony (maintenance in Co.) depending on your respective incomes. You may also get child support depending on the time sharing for your daughter. you should retain an attorney to represent you in the divorce
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Q: I was the victim of an auto accident where my car was struck by another driver. Question involves careless driving.

1 Answer | Asked in Car Accidents and Traffic Tickets for Colorado on
Answered on Jan 17, 2018

Penalty is usually points, fine. If you were hurt you need to contact a member of the Colo. Assn for Justice--they give free consults.

As far as your claim, the fact the officer felt the other driver was careless (which in citation language means more than inadvertent) will be significant whether or not a ticket issued.
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Q: Went to court and was hit with 852 in cs a month.daycare arrears and original child support. She quit her job.what do I

1 Answer | Asked in Child Support for Colorado on
Answered on Jan 17, 2018

You should not have to pay the child care expenses if she is not working/going to school. You should request a modification from the court. you should retain an attorney to help you w/ this.
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Q: My husband and I are legally married. What if an ex from years passed tries to claim common law on my husband

1 Answer | Asked in Family Law for Colorado on
Answered on Jan 17, 2018

If your husband had a common law marriage, then he needed to get a divorce before remarrying.This is very serious if she has a valid claim. He should retain an attorney to review the situation and advise him how to proceed.
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Q: How long does a mediated agreement stay in place after divorce is final? This is about ways of communication

1 Answer | Asked in Divorce and Communications Law for Colorado on
Answered on Jan 17, 2018

It depends on whether that agreement was made part of the final divorce decree. Usually it is. If so, you will have to abide by it unless the court modifies that part of the order.However, if that order was part of the parenting plan, you may not have to abide by it since the children are now legal adults.
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