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Colorado Divorce Questions & Answers
1 Answer | Asked in Divorce for Colorado on
Q: What is the current interest rate for a state court judgement from a divorce

I was granted the motion ,,, enforce to pay....with compound interest....how much can I get? Is it daily or yearly,,, I forgot to put it in my order,,, so. I'm not sure if I ONLY get to charge annually....

John Hyland Barrett III
John Hyland Barrett III answered on Aug 5, 2020

Generally, interest on maintenance and property division awards id 8% per annum,compounded annually. Interest on child support is 12% per annum,compounded monthly.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: if my ex and I filed for custody and divorce, how would the custody be dismissed and us not notified?

i have been in the process of modifying the custody/parenting plan when i found out that we did not have a custody agreement on file. we filed for a civil divorce and custody at the same time. why would the custody be dismissed and is their a possibility the divorce was also dismissed?

Sabra M. Janko
Sabra M. Janko answered on Aug 5, 2020

Courts send copies of any orders issued in the case to the parties attorneys or the addresses provided to the court by the parties. You can also check with the court Clerck's office. In some locations you can sign up for electronic filing which will allow you see everything in your court case... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: Colorado, in a divorce & wife sued by third party, civil suit for cybercrime & defamation. Am I liable to pay her debts?

Undergoing a divorce, had court hearing to go over separation agreement, and she withdrew the agreement it bc she is being sued in civil court (accused of cyberbullying and defamation, 6 counts), she wants to change the separation agreement to state that I have to split her legal fees and any money... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 30, 2020

Your wife's claimed obligations are likely "marital debts" because they were incurred during the marriage. The court can allocate responsibility for those debts "equitably', which means "fairly". You can argue that it is fair to hold her solely responsible for... Read more »

1 Answer | Asked in Divorce, Employment Law, Estate Planning and Family Law for Colorado on
Q: If I have to take a lower paying job to be close to my children will the court see this as under-employment?

My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.

1 Answer | Asked in Criminal Law, Divorce and Wrongful Death for Colorado on
Q: What is the right way for the parents of the victim to approach County DA to claim murder by her cop husband vs suicide?

MINNESOTA CASE VS. PEACE OFFICER, ROGUE COP

Private invest results show suspect to have ended his last three marriages with a Chapter 7 bankruptcy, establishing a modus operandi of using his past wives to bankroll personal improvements in his education, motorcycles, houses...all ending in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

If you believe a crime has been committed, then you should report it to the police.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Child 34, Father,I have not lived together since she was 1.abanded No divorce Does he still owe back child support

We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

You are only eligible for child support from the time that you file a petition for it.

2 Answers | Asked in Divorce for Colorado on
Q: Hi. Was married in September 1995, he left in May 2015. 2 children, 18 in November. Am I eligible for maintenance
John Hyland Barrett III
John Hyland Barrett III answered on Jul 7, 2020

This will depend on the respective incomes of the parties. There may also be child support obligations. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Support for Colorado on
Q: Can't find an attorney... Everyone I reach out to says "sorry, not my area of expertise". Child support property liens.

I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 2, 2020

I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: House equity split

My husband originally bought our first house two yrs before we met. We lived there together for 8 yrs and we shared all the bills/ mortgage payment. Then we sold the house and used the profit for the down payment on a new house. Now we are divorcing and I’m buying him out of the current house. I... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 29, 2020

Assuming the current house s titled jointly, it is marital property. Marital property is to be divided "equitably", not necessarily "equally". Equitably means "fairly", considering all relevant circumstances. As part of an equitable division, the court can consider... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: Is there a way to retrieve my childhood belongings from my dad's ex-wife?

My dad recently settled (not sure if that's the right word) a divorce from my step-mom of 30 years (I'm 33). She was given the house I grew up in and with that has decided that means everything in the house is hers now too. After the lengthy and painful divorce, my dad just wants to move... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 27, 2020

It sounds like those items belong to either your father or his now ex-wife. Entitlement to those items is goverened by the divorce decree. If your father does not want to pursue it, it may be that your only recourse is to appeal to her good nature. Good luck with that.

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: How do I go about a divorce with a child involved and a parent that doesn’t want to agree on anything?

My husband and I have been separated for 2 years now. We don’t have a custody agreement but child support was put into place before we were married. (He has never paid that so it’s come out of my taxes since we’ve been separated) so since we have separated we decided to have our son for two... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

You can negotiate, mediate or ask the court to decide. You will each have the opportunity to present the parenting plan that you believe would be in the child's best interests and to present evidence to support your positions.

1 Answer | Asked in Divorce, Family Law, Child Support and Social Security for Colorado on
Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 20, 2020

This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for Colorado on
Q: Does the revocation-on-divorce statute still apply if the divorce decree was set aside?

The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 12, 2020

I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You... Read more »

1 Answer | Asked in Divorce, Appeals / Appellate Law, Child Custody and Constitutional Law for Colorado on
Q: I originally got a emergency protective order against my ex wife. She responded by claiming a false domestic abuse card.

I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... Read more »

Charles William Michaels
Charles William Michaels answered on May 11, 2020

First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Identity Theft for Colorado on
Q: i do not know what type of case this is: divorce with credit cards taken out in my name without my consent
Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. If credit cards were procured under your name without your consent, that is a criminal matter.

2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: Ex had 6 years to sell refinance per divorce decree past 6 years what’s my options she is selling so I get half of prof?
John Hyland Barrett III
John Hyland Barrett III answered on Apr 22, 2020

This depends on exactly what the divorce decree says. Do you get half of the profit or does she just need to refi/sell? You should consult with an attorney to review your paperwork and advise you how best to proceed.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: My ex wife is attempting to keep my children from me I had a positive covid test- no symptoms & 14 days since can she?

It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 17, 2020

The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.

2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

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2 Answers | Asked in Divorce for Colorado on
Q: I live in CO and have been legally separated from my husband since 2003, can I easily file for divorce?

no children, no property

John Hyland Barrett III
John Hyland Barrett III answered on Apr 2, 2020

If you have a decree of legal separation in Colorado, you can apply to transfer that into a decree of dissolution of marriage (divorce). You should get a lawyer to help you with this.

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2 Answers | Asked in Divorce for Colorado on
Q: I have a post nup and it says I will get 100% of the home/equity also says if there is cheating he would pay 15thousand

Yyyyyyyy

John Hyland Barrett III
John Hyland Barrett III answered on Apr 2, 2020

This really depends on the exact language of the PNA. you should have a lawyer review it and advise you.

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