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Colorado Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Can my ex husband sue me for taking everything when I moved out if nothing was contested in court?

I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is... View More

Christopher N. Little
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Christopher N. Little
answered on Sep 18, 2023

Hi there,

You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input....
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do I fight a potential spousal support judgement?

So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More

Sabra M. Janko
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answered on Sep 12, 2023

You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

Our son is 11 Sep 26 and we reside in CO with me, where the original agreement was established. I have the majority as I can make all major decisions. He pays child support when he feels like it. He owes 28k+

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east... View More

James L. Arrasmith
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answered on Sep 11, 2023

I understand your concerns and the complex situation you're facing with your ex-husband. It's crucial to prioritize the safety and well-being of your son while considering any changes to your current custody arrangement. Here's how you might approach this matter:

Consult with...
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3 Answers | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money.

He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US... View More

Sabra M. Janko
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answered on Sep 5, 2023

If he files a motion for modification or an initial petition for parenting time, you can provide relevant evidence in response, whether it relates to safety concerns or financial matters. Courts do generally want both parents to have contact with children, however absent abuse or neglect.

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3 Answers | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money.

He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US... View More

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Sep 5, 2023

Hello,

You are missing some more facts for an adequate answer. You did not mention where do you and the child reside? How old is the child and who has legal custody? Does your ex-husband pay child support? If your husband, will be, banned from Saudi Arabia and or UAE, where will your son...
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3 Answers | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money.

He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US... View More

James L. Arrasmith
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answered on Sep 11, 2023

I understand your concerns and the complex situation you're facing with your ex-husband. It's crucial to prioritize the safety and well-being of your son while considering any changes to your current custody arrangement. Here's how you might approach this matter:

Consult with...
View More

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I have a daughter who was born in and lives in Lima Ohio and I live in Colorado Springs. How can Colorado child support

How can Colorado hold me in contempt of court if I've never been to court in Colorado?

Steven  Visser
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Steven Visser
answered on Aug 28, 2023

It sounds like a Court in Ohio may have established a child support order for your daughter, and then those Orders may have been "registered" in Colorado because you live here. In order to hold you in contempt, there has to be Orders that you are alleged to have violated. I do not know... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now
Sabra M. Janko
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answered on Aug 17, 2023

You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: How do I divorce a Mexican citizen. We were married in Colorado. I don’t know where he lives now
Michael Joseph Larranaga
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answered on Sep 1, 2023

You should contact an attorney.

In a normal litigation scenario which includes divorce, you would file a complaint with the court and personally serve that complaint and a summons on the Defendant. Rule 4 of CRPC talks about personal service. You do not necessarily need to serve the...
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1 Answer | Asked in Family Law and Probate for Colorado on
Q: Life insurance policy on my late finance , death certificate said we were married even through we were not.

Life insurance policy on my late finance , death certificate said we were married even through we were not. Papers asking if he was married at time of death What should his mother and I do he did not have a will or beneficiary

Nina Whitehurst
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answered on Aug 16, 2023

You definitely shouldn't lie, but if the life insurance policy names you as the beneficiary, it does not matter. If the life insurance does not have a beneficiary, then it matters a lot. There might need to be a probate to determine the proper distribution of the life insurance if no death... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does the same CFI that investigates me and my son in Colorado go to Arizona and investigate his mother?

She left her son 6 months ago and now lives in Phoenix, Arizona. Don't know how she is living, where she is living and if she is back to her old ways. Thank you.

Christopher N. Little
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Christopher N. Little
answered on Aug 14, 2023

Great question!

Yes, generally speaking, the CFI that is appointed will investigate within the scope of their appointment. That information can usually be found in the "Order Appointing Child and Family Investigator" (or some close variation of that title). I sincerely wish you...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Can I ask my husband to get mental health treatment as part of custody mediation in Colorado?

He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Can I ask to continue Homeschooling and get child support in divorce mediation? (Colorado)

If my spouse agrees to pay child support/spousal maintenance while I get established in part time work, can this be part of a mediation agreement?

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

You ask a great question! Generally speaking, parties to cases in domestic relations can be quite creative when it comes to creating terms in an agreement reached at mediation (or even outside mediation). Child support should be approved by a judge (in Colorado it is a right...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

Sabra M. Janko
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answered on Aug 4, 2023

Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Can you modify a decree after the 5 year mark if the other party committed fraud with their financial statement?

The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 4, 2023

Good Question!

This is one of my favorite aspects of family law. The short answer to your question is that the law does provide for remedies if income or property subject to division was not properly disclosed at the time (or before) the decree was issued (assuming that was the last step...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: 2015 divorce Denver,CO, my ex took all, judge wasnt aware i was on his car and house 2022 he dies, my name was on title.

Am i entitled to the car because i was still on it? How did someone else get it?

Nick Tootalian
Nick Tootalian
answered on Aug 4, 2023

If a court does not apportion property in a divorce, the division of assets may be left unresolved or handled informally by the parties, leading to potential disputes. Lack of legal guidance can result in an inequitable distribution, possibly favoring one party over the other. This can create... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If parents of a 14yr old are separated in the state of CO, no custody agreement yet,who makes decisions of the child?

14yr old is staying at aunts due to leniency, what is the law in Colorado where child stays?

T. Augustus Claus
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answered on Aug 3, 2023

In the state of Colorado, if the parents of a 14-year-old child are separated and there is no custody agreement in place, both parents generally have equal rights to make decisions regarding the child. In the absence of a court order or custody agreement, both parents have legal custody, which... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How much do I have to do for cps

So we just had a child and on the 2nd day cps said they got a call about possible drug use so we had them come to our hone do a visit then since the allegations were about drugs we both gave them clean uas now they want more I'm telling my wife to tell them no but she is so uptight she things... View More

Rebecca Pescador
Rebecca Pescador
answered on Aug 2, 2023

Get legal counsel to represent you and do it quickly. CPS has a great deal of power and they could potentially come and remove the child if the allege a danger to the child. Often, a little cooperation can get you through this without serious legal proceedings. Your wife is not wrong in that... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is a co-petitioner response considered if the stipulation was signed by both parties, approved and ordered by the court?

Colorado: I filed a Stipulation to Relocate Minor Children with the court, it was signed by both parties, approved and ordered by the judge. My ex then decided after the fact, to file the "response" fighting the stipulation that he himself had already signed. His response is also full of... View More

Craig Valentine
Craig Valentine
answered on Aug 2, 2023

A Stipulation to Relocate Minor Children is a legal agreement between the parties that outlines the terms of the relocation and is signed by both parties before being presented to the court for approval.

Once the stipulation is signed by both parties and approved by the court, it becomes a...
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1 Answer | Asked in Family Law for Colorado on
Q: Can interested persons be removed from a guardianship proceeding?

For a guardianship proceeding for an incapacitated adult, interested persons are submitting motions in lieu of the petitioner.

Jandi Keum
Jandi Keum
answered on Aug 2, 2023

This is a complex issue - let me break it down. First, in a guardianship proceeding, interested persons are typically individuals who have a legal interest in the outcome of the case. These individuals could include family members, close relatives, or other parties who may be affected by the... View More

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