Yes, a child's opinion will be considered (and is usually given considerable weight). The older the child, the more weight their opinion; at 7 the weight will be medium. The judge, and rarely the parties, will usually ask a lot of surrounding questions (e.g. what do you do with your... View More

First you have to prove that physical change occurred, then you can pursue retroactive support.

Yes.

It may be a problem. It can be corrected. Colorado would likely allow the marriage as a "putative spouse". Be aware the second marriage date will be after the final divorce decree was entered. Since, you will be filing with USCIS, the marriage needs to be clear of all defects. I suggest... View More

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answered on Apr 26, 2016

If the trust is set up for grandchildren as beneficiaries a court would not wonder this to be marital property and it should have no bearing on the division of marital property or funds in the divorce.

You have to file with the court to terminate alimony. The form is short and you will want a copy of your current marriage certificate. After the form is filed with the court, you will need to mail the notice to your ex. Do not cash the check (if you receive one) for the extra payment (I recommend... View More

You will need to seek a modification of the support order. You can contact an attorney or your local courthouse will have resources. You can also contact the child support office. Court personnel cannot provide legal advice, but they can direct you the correct forms.

Colorado has wholly abolished all concepts of fault in a divorce with the exceptions of abuse and general health/safety concerns. Your ex cannot use infidelity as a weapon. Similarity, you cannot mention your ex's driving record or immigrant status. As with most things in the law, there are... View More

Probably not, unless the friend endangers the heath/safety of the child and/or is a convicted sex offender against children. The help may result in a reduction of the property, spousal support, and/or child support - usually the reduction is very low (esp. if the help is temporary).

Unless your boyfriend is a convicted sex offered against children, the move should have little impact on custody. Your ex could try to make it an issue, but it will get little traction with a judge unless the boyfriend could (or does) endanger the health/safety of the child. As an aside, the... View More

Usually gain and losses are allocated in equal share. Ask for the accounting by your wife's lawyer. As an aside, you really should consider hiring a lawyer - you are at a real disadvantage when you go against an experienced lawyer.

Which documents do you need to file (some require personal service and others can be mailed/efiled/etc)? Contact the Family Court Facilitator (found on the notification of the initial status conference form that you should have from the court) for guidance.

If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).

(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test... View More

First review your separation/custody agreement to see if you are required to disclose your address (most require disclosure). As a general rule, you are required to disclose your address if there is an exchange of the children or you are lawfully exercising you parenting time. If you are only... View More

An ex is prevented from making disparaging comments about the other spouse both by Colorado law and often in a separation/divorce decree. You can petition for a contempt charge against your ex, but you should be forewarned successful claims typically involve well documented and a long pattern of... View More

Assuming that you both are on the deed and no protective order is in place, this is usually agreed between the parties. A court will only become involved if domestic violence is involved or a protective order petition is filed.

Child support is not necessarily tied to a divorce. It is tied to the birth of your child(ren) or when financial support stopped (whichever comes later). This allows collections for unmarried parents or parents who were informally separated for years.

Jointly filed motions mean that both parties file together and are in agreement of most/all matters. Joint filing removes the requirement of providing notice and generally eases the process for the mandatory mediation because the parties can communicate (note: disagreements are fine and can be... View More

Since the debts occurred during marriage, you and your ex are jointly and severally liable for the debts (meaning you both are required to pay). You may be required to pay 100% of the debt, but you can seek reimbursement from your ex (at least for 50% of the costs). Be aware the reimbursement would... View More