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There are 5 children a house and a marriage of 16 yrs. The husband has been the sole wage earner.
answered on Jul 10, 2017
A legal separation functions just like a divorce, except that at the end the marriage is not dissolved (meaning that neither party can remarry). In other words, property/debts are divided, child support is calculated, and alimony is calculated. Legal separations--which are relatively... View More 
continued.....and has lived here for approx 10 yrs, has 2 children, separated from husband.
answered on Jul 7, 2017
You can get a divorce here. You need to meet the residency requirements of the state where you live. In Colorado, you need to have lived here for at least the past 91 days.
My former spouse is receiving pro-bono representation. Could receipt of pro-bono income be considered when calculating child support?
answered on Jul 7, 2017
Although gifts can be considered income, such as free rent, I do not think probono representation will be counted.
My former spose has received over $200K in pro bono representation from her attorney. Is there case law supporting pro bono representation may be considered as income for the [purpose of calculation child support?
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answered on Jul 6, 2017
No. The legal services received do not necessarily reduce "living costs" and would, thus, not be considered income under CRS 14-10-115.
The problem is he has full custody and his exwife owes back child support up to about 14,000 to him. There is already a child support order in place from the county they divorced in and the new case is for the county we reside in. My question is how can his exwife go for child support on the same... View More
answered on Jul 3, 2017
Based on your facts, I do not get it either... Maybe the claim is for retroactive support prior to your husband getting primary custody? Maybe the ex is seeking support if your husband's custody agreement is modified? Another possibility is that the clerk made a mistake when listing the... View More
I received my ex-husband's tax return because he is behind on payments. FSR sent the money to the county who now is saying they are holding the money for 6 months because the amount "might" change. Is this common practice?
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answered on Jun 28, 2017
I believe there is a period they can hold funds for to make sure there are no irregularities or problems, but am not aware of them holding money for 6 months to see if things "might" change.
She wants to get a job and he is currently preventing her from getting a job because of the visitation schedule. We have always had problems with her father and he has rarely been compliant with the visitation schedule requiring me to attend mediation and trial to get it changed. Legally, how long... View More
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answered on Jun 21, 2017
Visitation, parenting time, custody, etc. end at 18. Child support ends at 19. A court might listen to the wishes of a 17 year old as relates to visitation and will certainly view the 17 year old as being much more able to weigh in on schedule for visitation.
Went to court to enforce our stipulated parenting plan last Nov. During my case I proved Parental Alienation, but the judge's order ignored the expert's testimony and what to do for severing alienation. Her order (temp) was to each child in therapy and my ex and me into parent coaching.... View More
answered on Jun 9, 2017
The child support issue is separate from everything else you raise. Both parents have a duty to provide support. The amount is determined by a formula that accounts for the number of overnights the child spends with each parent, the parent's income and costs of health insurance and day care... View More
My son turns 19 on 9/05/19, I assume that I won't make a full months payment for the last one. Is that true?
answered on Jun 9, 2017
The court is not going to notify you of the amount of your last payment. You need to be proactive and communicate with the child's mother that you intend to pro rate the amount so there are no surprises. If there is an income assignment, you need to be proactive with that as well so your... View More
answered on Jun 9, 2017
Good morning,
That depends on how many children you are paying support. If you have only one child, then it automatically terminates upon reaching age 19 unless it meets limited exceptions to go beyond that age.
If you are paying support for more than one child, then it does not... View More
Does the court agreement, as it pertains to visitation go until the child is 19 as well?
answered on Jun 8, 2017
Unless the child is "emancipated" per CO's support statute, support usually continues until 19 (note: "emancipation" does not necessarily mean reaching majority at 18). The support can potentially apply beyond 18/19 for college expenses if it is expressly mentioned in the... View More
If that's true, does the court agreement pertaining to visitation go until the child is 19?
answered on Jun 8, 2017
You should pose your question for family law attorneys in Colorado
answered on Jun 5, 2017
If there is truly no order for parenting time, either parent may have lawful possession of the child at any time. If the parents disagree about this, it is essential that a parenting plan be put into place by the court. That can be in the context of a divorce or a Petition for Parental... View More
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answered on Jun 5, 2017
If there are no court orders in place each parent has equal right, under the law, to have the child. Thus, the law is silent. If there is a divorce or custody case already filed, there is an argument that just taking the child could be a violation of the injunction that comes with the filing,... View More
Divorced in Colorado, living in Austria.
answered on May 20, 2017
Review your custody agreement. Absent a modified court order you must comply with the support obligation listed in the custody agreement.
My question is her business is in the house, she is a pet groomer making around 17,000 a year, can she be force to move out of the house or sale the house, her husband makes 59,000 a year
answered on May 19, 2017
It depends on the case. It is a possibility, but this is dependent on multiple factors including negotiations between the parties and money/assets available to divide. Generally speaking, the younger the children and the lower the income of one of the parties relative to the other increases the... View More
custody order made in 2012 only permitting me every other weekend and child support is taking half my check but children live with me not sure what motion to file.
answered on May 16, 2017
It sounds like you are looking for a modification of the existing custody order. If the children are living with you permanently for an extended period of time, you have more than reasonable grounds to seek (and gain) a modification. Assuming that you gain increased custody (which arguably has... View More
Does my ex still owe child support until he's done with school or 21 whichever comes first?
answered on May 12, 2017
Support orders entered after 1991 in Colorado end on emancipation (which is usually 19). The emancipation can be extended to 21 if the child remains in high school (not post-secondary education). Note, emancipation for support consideration is not the same as legal majority (which is 18 in... View More
Do you have until 18 or 21 in Colorado to establish paternity? My son is 2 now. If I filed for child support, it wouldn't get paid and it would cause animosity in bio dad who does not want to be involved and lives in Tennessee. I just don't want him to lie to or deny my son if he goes... View More
answered on May 11, 2017
There is no age limit on establishing paternity. Paternity can be separated from custody determinations (and child support), but this is unusual.
About 4yrs ago my wife and I divorced and she got custody of all 3. Since then my daughter has turned 20 and moved out leaving just my two boys. Last month one of my sons has moved in with me full time. We have agreed I will no longer pay child support, she has one son I have the other. How do... View More
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answered on May 9, 2017
You will need to prepare an agreement (Stipulation) which sets forth your agreement in writing as to both the parenting time (custody) and the child support. That would get filed with the court, the judge would presumably sign off on an order adopting the stipulation, and you would be good to... View More
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