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1 Answer | Asked in Child Support for Colorado on
Q: Myself&Children live in CO, Father on FL. Orgnl Support Order from MO. Can I move support order to CO and modify in CO?

Our Original divorce decree was settled in MO in 2019, Children’s Father and I have both moved out of MO, Children and I reside in CO while he moved to FL. He took me back to court in MO in 2021 and received an order that he may pay $596 for both children down from $700 the previous years. My... Read more »

Sabra M. Janko
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answered on Sep 26, 2022

Interstate jurisdictional issues can be tricky. Jurisdiction is most likely where he is now since you both moved out of MO. You can always file for child support where he is. However, Colorado jurisdiction it may depend on whether he has any contacts with Colorado and what those are.

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How do I report a neighbor with no muffler?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Have you tried talking to the police? Unfortunately, there is not allot that can be done for an annoying neighbor. At a certain point, it could be a nuisance but is it worth the time and money? It's a hard one.

Please be aware that any answer is based on all the events occurring in...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
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1 Answer | Asked in Divorce for Colorado on
Q: is borrowing from a HElOC on marital property to pay bills for a non-marital asset considered commingling of funds?

Should I repay the HELOC borrowing back to avoid commingling? With non-marital funds or thru regular wages?

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Sep 25, 2022

It would be important to know what the non marital asset was, when it was acquired and whether it appreciated in value during the marriage, creating a marital interest in the increase in value.

However, generally to borrow from a marital asset during the marriage, it is necessary to have...
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2 Answers | Asked in Family Law for Colorado on
Q: CO judge denied motion to waive mediation - should I file motion for reconsideration?

I requested waiver from mediation due to psychological abuse. The Court denied the motion.

CRS 13-22-311 (1): "Any court of record may... refer any case for mediation services or dispute resolution programs... except that the court shall not refer the case to mediation services or... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Sep 24, 2022

Courts have a lot of discretion and with psychological abuse likely you did not hav a protection order and the Court found the other parties testimony on the point more credible. It does not appear that you have a slam dunk case. You can not introduce new evidence and you have to allege an error of... Read more »

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1 Answer | Asked in Uncategorized for Colorado on
Q: I bought a car. lost the title.went I called to get him to get a duplicate found out he had passed away .

Now I have no way of titling it. It has been sitting on my property for 2 yrs until I finally got it completely fixed. I need help and answer please help to guide me in the right direction. Am I going to be able to obtain one? If so what's the process? Thank you

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 23, 2022

Maybe consider reaching out to the family to determine if there is someone there that could help you out.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help...
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1 Answer | Asked in Car Accidents and Contracts for Colorado on
Q: Rented a car in Colorado rodent chewed wires and they want to charge me for it. can they do that?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 22, 2022

I would think that would depend on your contract and if they can link the damage to your use of the car. If the rat was already living in the car when you took it, is it really your problem? Depending on the amount, it may be worth talking to an attorney.

Please be aware that any answer is...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for a landlord to reply to a bad review from a tenant online by listing out all of the months of rent that

the tenant owes? “We have been trying to collect from Sierra since May due to her paying late on her rent. She has been accruing late fees and has been posted several times. We sent emails concerning past due account: 4/16, 5/5, 5/13, 5/17, 5/19, 5/21, 6/3, 7/8, 7/12, 7/21, 7/28. We have posted... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 22, 2022

You need to check with an attorney.

In short, anytime you post any type of factual comment you need to be aware that you could be subject to a defamation suit.

In addition, you need to walk through the late fee issue. During COVID a few significant bills passed regarding late fees...
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1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Can a landlord sue you based on estimates without an explanation of what was repaired?

Landlord withheld my entire security deposit of $1750 and charged $2065 on top of that for “estimated” repairs. They will not provide receipts, I have requested them several times. They took me to court because I did not pay until I received receipts. Now I will be responsible for interest and... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 19, 2022

You need to talk to an attorney. The landlord as Plaintiff, just like in most civil cases, has the burden of proof which includes proving their damages. Damages do not need to be exact, but they cannot be guesses either.

Depending on where you are in the process, you may even wish to...
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1 Answer | Asked in Criminal Law for Colorado on
Q: If my wife and I buy a quarter ounce and split it=3.75 grams each,but she gets caught with the quarter ounce

We usually had to buy it in quarters it's cheaper. She got caught with it before I split it. How can I take the charge for her knowing I handed it too her before splitting it?

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 19, 2022

I highly suggest that you stop posting on any websites and go talk to an attorney. You are posting to an open forum and that could be a real problem down the road.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not...
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1 Answer | Asked in Consumer Law and Lemon Law for Colorado on
Q: I am an international student and bought an used car in Jan 8 convinced by the fact that the Carfax was clean.

But very soon it presented overheating problems. On Jan 17, 9 days after the purchase, I took it for an oil exchange at Grease Monkeys, where they made the following comments on the invoice:

- COOLANT SYSTEM LEAK

- ENGINE OIL LEAK

- HEAD GASKET LEAKING

Which... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 19, 2022

While this is not my area of expertise, I would check into the state's lemon laws. If you purchased the vehicle from a dealer you might be able to return it or have them fix some of the issues. I recommend checking the colorado bar's website under the licensed lawyer tool to look for... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: My realtor sent me a transaction brokerage disclosure. Should I hire another realtor to represent me?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 19, 2022

Well, that depends on your personal preferences. I personally like my broker only acting in my best interest but acknowledge there are times where it is appropriate for the broker to help both sides. A transactional broker acts more as a neutral 3rd party helping both sides in a transaction.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Contracts, Landlord - Tenant and Animal / Dog Law for Colorado on
Q: I have an apartment lease which stipulates certain breads of dogs considered dangerous and not allowed.

There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.

If a contract...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can a landlord evict me if I am a victim of domestic violence and have notify them of it? I

They are evicting me because my lease was expired but I have been paying rent on a month to month basis since march

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

Sorry to say but more information would be needed. If your lease truly did expire you may have a month to month tenancy that can be terminated with the proper notice.

In terms of domestic violence, Colorado does have a couple of statutes that address this point. From what I recall, the...
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1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mom passed away last year i manage the property/payments. Do i have to do a transfer deed in my name or can i just h
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

Afternoon,

these types of questions are often handled in probate. If your name was not on the deed as Joint Tenants, you will need something in the public record to show that you own the property. If I recall, the executor of the estate typically has some authority over the matter but this...
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1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: i have a question, i live in colorado and i was reading that a trust must be registered with the county of residence

this is a revocable trust however it says only irreevocable trusts must be registered with the county

Nicholas M Klimas
Nicholas M Klimas
answered on Sep 15, 2022

Your revocable trust does not need to be recorded or registered anywhere. There used to be a statute, that has since been revoked, that required irrevocable trusts to be recorded. This is no longer a requirement.

Upon a Trustors death, during administration, there may be a need to file the...
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1 Answer | Asked in Child Custody, Civil Rights, Federal Crimes and Libel & Slander for Colorado on
Q: What do I do if transcripts for my case we’re just put in and they do not reflect what actually happened in court?

It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 15, 2022

Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: In Colorado if a road easement is used to put in a new road who repairs the adjacent land?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 14, 2022

I think that would partially depend on if negligence was involved, who the easement was granted to, associated contracts and covenants, and so on.

I hate to say it but more info would be needed. You should reach out to an attorney to discuss.

Please be aware that any answer is...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord withhold a portion of the security deposit for “lost rents” and is so what is the time frame?

We moved out 12 days ago. Our old landlord put the house on the market 7 days ago. They had one person look at the property and mention pet urine smells in one of the bedrooms as their reason for not renting. Now they are trying to withhold $1,000 for “lost rents.”

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 14, 2022

I would reach out to an attorney.

From a general standpoint, most leases permit a landlord to withhold a portion of the security deposit to cover damages to the leased premises exceeding normal wear and tear. This could include the cleanup of pet urine.

Landlords needs to be...
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