Colorado Questions & Answers

Q: Will my ex have to count his income “assistance” on our financial worksheet?

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 16, 2019
Brynne Gant's answer
When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as his if this is a major concern. In addition, there is little stopping them from stating/deciding that her assistance to him is actually a debt, which could complicate things.

As for the child...

Q: My mom passed in 2010. She has real estate that we have been paying taxes on. No written will. Died in AZ, land in CO.

1 Answer | Asked in Probate for Colorado on
Answered on Feb 16, 2019
Brynne Gant's answer
To transfer real property (even vacant land) to heirs, you'll need to open probate in Colorado (or what's called "Ancillary Probate" if probate was already opened in AZ). The Colorado Courts website has some good information and instructions on how to do this: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Trusts, or you can reach out to a probate attorney to help you file the appropriate paperwork and notify all the correct people.

Q: Are pit bull/husky mix allowed in Costilla county Colorado ?

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Feb 16, 2019
Kristina M. Bergsten's answer
You should call the local animal control to make sure, but the pit bull ban usually depends on whether or not the dog has 51% or more characteristics that resemble a pit bull. So if your dog looks more husky than pit bull, you are more than likely okay

Q: My dog is wrongfully accused of attacking a man in the park. On police report.

1 Answer | Asked in Animal / Dog Law for Colorado on
Answered on Feb 16, 2019
Kristina M. Bergsten's answer
They probably will not take your dog if they haven’t already. I would recommend getting an attorney before your court date though.

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
You should initiate a breach of contract suit in Small Claims Court.

Q: I am in a lease agreement and the owner has to sell the property. Is my current lease binding if the property sells

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
A change of ownership does not change your rights under the lease.

Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 13, 2019
Courtney Edwards' answer
There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.

Q: Can an illegal immigrant fly within the US with only their Mexican passport.

1 Answer | Asked in Immigration Law for Colorado on
Answered on Feb 13, 2019
Kyndra Mulder's answer
You can board the plane. However, ion you have no legal status in the USA you risk being asked by a BP officer for further documentation. Travel is always a risk.

Q: How can I make my 44 year old son move out of my house.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Answered on Feb 11, 2019
Donald C Eby's answer
Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.

Q: I divorced my ex husband 2 years ago. I let him keep his 401k. Now I want some of of it.. can I get it

1 Answer | Asked in Divorce for Colorado on
Answered on Feb 11, 2019
Courtney Edwards' answer
If it was brought up and addressed in the divorce (listed on his sworn financial and in the separation agreement), no, you cannot re-open the divorce to get at his 401k.

Q: Under CCIOA can you be grandfathered in and not pay dues if you own a lot prior to formation of association?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Feb 10, 2019
Donald C Eby's answer
Whether or not you are part of the Association, and thus required to pay dues, will depend upon whether or not you have allowed your property to be encumbered by the HOA Covenants. If no - no dues. If yes, you'll be subject to all HOA rules including the assessment of dues.

If you are unsure whether or not your property is subject to dues or you believe the HOA is wrongfully attempting to assess dues against you, I recommend contacting an attorney to have the title to your property...

Q: I have gotton a ticket from a forest service officer in november 2018 for putting my gate back up he told me that i d

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on
Answered on Feb 10, 2019
Donald C Eby's answer
This could be complicated, I recommend that you at least spend some time with an attorney to review your title work and other documents to assess the validity of your defense prior to going before the court.

Q: we went in for an interview for my adjustment of status in Nov 2018. We just got a letter to come back for 2nd interview

1 Answer | Asked in Immigration Law for Colorado on
Answered on Feb 9, 2019
Kelli Y Allen's answer
You did not actually ask a question, but my recommendation is to hire an immigration attorney to prepare you for and accompany you to the interview. The most likely reason for the second interview is suspected fraud.

Q: My exwife wants to let my child go outside the country without my consent.

1 Answer | Asked in Family Law for Colorado on
Answered on Feb 8, 2019
John Hyland Barrett III's answer
This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.

Q: If I own a business with my husband (partnership) and I want out of the business can I sell my half w/o consent

1 Answer | Asked in Business Formation for Colorado on
Answered on Feb 7, 2019
D. Mathew Blackburn's answer
Technically you could sell your ownership interest as there is no restriction because there is no operating agreement.

Colorado is an equitable separation state so it's not automatically 50/50,but yes the cash or the ownership of the entity would both be marital property subject to division by the court.

I would suggest retaining an attorney, or two there's a lot of nuance in divorce and business sales. There are likely other factors that you shouldn't discuss on a public...

Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?

2 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on Feb 7, 2019
Courtney Edwards' answer
It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted by the court. But I would recommend that anything you do be in writing and signed by the both of you, preferably notarized as well.

Q: I rent a townhome. I notified my landlords in writing about a mice infestation starting in June.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 6, 2019
Donald C Eby's answer
Can you force your landlord to pay for your actual costs of destroyed property? Maybe

Can you force you landlord to pay your costs of moving? Not likely

Can you terminate your lease based on the rodent infestation? Yes, you should review and follow closely the procedure set forth in the CO Warranty of Habitability. This is a very technical process so you might want to contact an attorney to obtain assistance and ensure that you have a solid defense to protect you from a...

Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?

1 Answer | Asked in Civil Litigation and Public Benefits for Colorado on
Answered on Feb 6, 2019
Donald C Eby's answer
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.

Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Answered on Feb 6, 2019
Donald C Eby's answer
Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.

If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action and likelihood of success.

Q: I am 55 and have ms. My ex daughter in law is sending me nasty messages. I was wondering if I could get her for

1 Answer | Asked in Criminal Law for Colorado on
Answered on Feb 5, 2019
Courtney Edwards' answer
You need to tell her you don't want contact from her any more (you can do this through text). You should also call and make a police report about the harassing texts. If she doesn't stop, apply for a civil protection order against her.

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