Colorado Questions & Answers

Q: I am trying to move in with my boyfriend. He is 17 and I am 18. Can my parents still sue him or something for it?

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 28, 2017

You are still a minor at 17. While he is legally an adult - you are subject to your parent's control.

Your parents can contact the police (at least in Colorado) and he can be criminally charged with harboring a minor. Here is a link to an article about the law: https://www.denver-colorado-criminal-lawyer.com/confusing-colorado-criminal-laws-aiding-harboring-a-minor-child-18-6-601-and-violation-of-custody-orders-18-3-304
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Q: What,will happen to my house and other assets in a divorce?

1 Answer | Asked in Divorce for Colorado on
Answered on May 27, 2017

Statute indicates that the court should divided marital assets fairly. Generally this translates to equally. Assets that are premarital or non-marital do not get divided. However, increase in value to these assets is marital in nature and could be divided. With a house, either on party keeps it or it gets sold. The equity will generally be split, which can be realized through either sale or the party keeping the home refinancing and pulling equity out.
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Q: Can lender sue for deficiency if father walks away from upside-down property?

1 Answer | Asked in Real Estate Law for Colorado on
Answered on May 26, 2017

It depends on the amount the lender bids at the sale. If the bid is enough to pay the loan, there will be no deficiency. If the bid is less, there will be a deficiency which the lender may try to collect from the borrower. Sometimes the lender will forgive the deficiency. If its more than $600.00, they are required to file a 1099-C with the IRS and that may trigger tax consequences since the the IRS considers forgiven debt to be income. They may also use various methods to collect. How much...
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Q: What can I do if i feel im not getting heard by my concerns of safety and health with the placement of my children?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Answered on May 26, 2017

Not sure if you have a custody case or a case in which the Department of Human Services is involved. It should like a DHS case when the word "placement" is used. With a DHS case you should talk to your attorney. If a custody case, your remedy would be to file a motion with the court raising your safety concerns.
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Q: Do you have rights to your parental rights while incarcerated?

1 Answer | Asked in Family Law for Colorado on
Answered on May 26, 2017

If you are incarcerated no court is going to force the other parent to facilitate parenting time under the current orders. Additionally, if there is joint decision making, the other party is not going to be expected to try to communicate with you while in jail/prison, unless perhaps you have email. Of course how long you are in and what for also matters.
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Q: if the intervene in the allocation case does not set a mediation and the case vacats do I have to start all over?

1 Answer | Asked in Child Custody for Colorado on
Answered on May 25, 2017

More information is need to answer this question. If she is not following through with the order to mediate, the court could vacate the hearing. It might also dismiss her motion. It depends on what the specific mediation order says. If the court just vacates the hearing, but doesn't dismiss any pending motion you could still possibly file a motion to dismiss. Again, more information is needed, particularly as relates to what the specific mediation or case management order says.
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Q: Of my ex lied on his sworn financial disclosure and I have proof that he did do I need to file a form to the judge?

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on May 25, 2017

More information is needed to assess your situation. Do you have a hearing or is it the court giving a ruling?

Regardless, you might inform the court during the proceedings that you have proof of a lie or misstatement on his SFS. If the court will not listen you certainly will have the right to file a motion for post trial relief and can raise the issue of the lie. The primary concern should be whether it was a material lie which affected the ruling. If it was something...
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Q: If we purchase a home FSBO how does appraisal work? sellers want no appraisal contingency but we need certainty

1 Answer | Asked in Real Estate Law for Colorado on
Answered on May 23, 2017

If there is a lender involved, they will insist on an appraisal. If the appraisal does not support the contract price, they will not make the loan. If it's an all cash deal, caveat emptor (buyer beware).
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Q: Hi, I was wondering if it is illegal to rent a home to an illegal resident..?

1 Answer | Asked in Immigration Law for Colorado on
Answered on May 23, 2017

No, its not unlawful, because it is not your job to enforce the immigration laws. You are barred from demanding a green card or proof of U. S. Citizenship from anyone who is interested in renting from you. If you do, then this can be considered discrimination, which is a violation of the U. S. Civil Rights Code. If you simply believe that someone is not a U. S. Citizen, but cannot prove it, and as a result, refuse to rent to someone who appears to you to be foreign born, then that can be...
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Q: Can a 2nd judge take back what I was entitled to at my divorce hearing?

1 Answer | Asked in Divorce for Colorado on
Answered on May 23, 2017

More information is needed to assess your situation. It sounds like judicial error/activism to me in that property orders are generally going to be final. However, orders can be undone depending on time frames, the types of motions filed, etc. In your case, if the cares were put into your ex's name prior to the marriage, for whatever reason, they are considered non-marital property. If they are non-marital property the court had no jurisdiction to award them to you in the first place....
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Q: I received a copy of my ex's filed request to modify our current parenting plan. I don't agree. What's my next step?

2 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on May 23, 2017

Your next step is to file a response to the motion. This needs to be done within 21 days of the date the motion was filed. The Court will then probably issue a procedure order, outlining the next steps. Depending on which court it is, there may be a requirement to go to mediation. If you can not afford to retain an attorney, you should at least pay for a consultation with an attorney who can advise you on how to proceed.
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Q: What if in this case, the money had been gifted by a parental estate to the person who did not claim the asset?

1 Answer | Asked in Divorce for Colorado on
Answered on May 22, 2017

Given these numbers, and presuming the question(s) is understood correctly, probably not material or worthwhile pursuing. Also, if the money is not marital at all then it's likely wholly irrelevant. That being said, your best bet for getting a concrete, thorough answer is to consult with an attorney. Though it should have been disclosed it likely doesn't matter.
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Q: What happens when a defendant in a Colorado divorce does not disclose a gift (from a parent) in a divorce settlement?

2 Answers | Asked in Divorce for Colorado on
Answered on May 22, 2017

The court retains jurisdiction for 5 years to deal with any undisclosed property. A gift is considered separate property, not marital property. The existence of the gift may have influenced the division of marital property. A lot may depend on the size of the gift and whether it was known to the other party. You should retain an attorney to pursue this any further.
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Q: Colorado health insurance question

1 Answer | Asked in Tax Law and Health Care Law for Colorado on
Answered on May 22, 2017

Based on your facts, the two 1095s show that you were doubly insured (which you now already know). The IRS does not consider insurance options--they only compute the penalties. Colorado will likely demur because you acted on your own behalf (even if based on confusion). As a result, the dual insurance will likely stand.

You can appeal the determination with the IRS, but you will need to contact (and pay for) a tax attorney's assessment. There may be grounds for an abatement of the tax,...
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Q: Can a care giver of marijuana hire a armed or unarmed security guard

1 Answer | Asked in Criminal Law for Colorado on
Answered on May 22, 2017

There is nothing per se illegal in anyone hiring a bodyguard. However, the conduct of the bodyguard can move into civil or criminal violations.

Be especially careful of armed guards. Armed guards are not like the police, they are treated like a regular person walking around with a gun (i.e. discharging or pointing a gun is NOT protected under the Second Amendment).

If you have particular concerns, contact an attorney directly for advice.
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Q: What happens when petioner didn't submit another bank acct. With the mandatory financial disclosure.

3 Answers | Asked in Family Law for Colorado on
Answered on May 21, 2017

Knowingly misstating information on a JDF 1111 MAY result in a reopening of a closed case, sanctions (including attorney fees for the other side), and other potential penalties. The more extreme the amount "hidden" and degree of knowingly misstating results in a higher probability of sanctions. If the case in ongoing, the disclosure should be corrected ASAP.
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Q: What is Colorado law for time with children who are out of state?

3 Answers | Asked in Family Law for Colorado on
Answered on May 21, 2017

There is no specific custody division provided in the statutes. There is general language about Colorado favoring joint custody, but this always subject to judicial review. Out-of-state transfers tend to favor blocks with the children residing with a one parent during the school year and the other parent during the summer. Age of the children, private agreements between the parents, CFI reports, and other factors can change these basic assumptions.

Requesting (and getting) sole custody...
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Q: The father of my children wants to move to Georgia and have them twice a year for two months at a time, can he do this?

3 Answers | Asked in Family Law for Colorado on
Answered on May 21, 2017

He can ask for it, whether he will get it is a wholly different matter. Large blocks of time are usually granted when parents live in different states. However, the age of the children greatly disfavor (esp. the 7 month old) long absences from either parent. The father is also somewhat at a disadvantage because he is the one leaving the state. That said, you will have to share some custody and there are no guarantees with how a specific judge will rule. A lot will depend on how either side...
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Q: My 20 year old son lives in a bottom floor apt. Sump pump backed up and he has to move. His renters insurance says no

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 20, 2017

The complex is required to repair the problem within a reasonable period of time. If the water damage is too great, this may be grounds for constructive eviction.
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Q: If I'm renting with a verbal agreement on the amount of rent. And the owner of the property asks me to move out.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 20, 2017

If you pay rent and the landlord accepts the rent, you are a month-to-month tenant and have effectively continued the lease for one month. This can continue indefinitely, provided the tenant keeps paying and the landlord keeps accepting payment. The landlord is not required to accept payment and may refuse. In these situations it is usually better to contact the landlord prior to the hold-over event.
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