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Colorado Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: How long does a parent have to submit receipts to the other parent for extraordinary medical expenses? Is there a law?

We are getting receipts that are almost a year old from the other parent, asking for repayment of our portion.

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

The parenting plan often will specify a time. If it does not, you can have it modified to specify a time for submission and reimbursement. There is no law that specifies a time.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My fiance has lost her children do to a cps investigation, if we get married now will it be easier to get them back?

My fiance was in a horrific situation with an ex and as a result cps took her kids and they currently live with her mom and shes under investigation to see if shes fit and now that shes pregnant with my child they're saying they're gonna take that one to and I dont have any kind of record... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

I am sorry to hear about your situation. The fact that she becomes married is not likely to impact whether she is a fit parent. Though if it increases financial stability that may be relevant. The focus will be on her and her behavior and treatment success.

1 Answer | Asked in Juvenile Law, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can you ask for parental rights stripped when a parent is charged with cruelty to juvenile?

My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Child custody and support questions.

In the divorce paperwork my ex wife stated that our daughter was not mine and I was not the biological father so what rights do I have and can I file charges cagainst her

Sabra M. Janko
Sabra M. Janko answered on Feb 6, 2021

I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file... Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Q: My girlfriend (17) has a rabbit and her stepdad is threatening to press charges if she ever brings the rabbit to his--

house again. The rabbit hasn't hurt anybody and the only problem that they've mentioned is uncleanliness. Is there any legal basis behind that or is he bluffing?

Sabra M. Janko
Sabra M. Janko answered on Feb 1, 2021

He has no grounds to press charges, however if your girlfriend's father has no custodial responsibilities for her, he has no obligation to allow her or the rabbit to come into the home. If he does have custodial responsibilities, he still has no legal obligation to allow the rabbit into the... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Colorado on
Q: I need a divorce; my ex and I have been married since sept 2018, we have a 2 yr old. what forms need I file

we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 26, 2021

Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: Can the non-custodial parent keep all the stimulus check because the court paper let her claim them this year??

The divorce was final in October 2020, she walked out on the family in May 2020, he is the custodial parent. He was a stay at home dad and she left them with nothing. She gets to claim them on taxes per the court paperwork and will not give the kids any of the stimulus money. It doesn't seem... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

Generally if the stimulus money was used for household expenses or for the children a court would not require that it be shared.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If someone is telling you that they have pictures that they will show if you take them to court what should u do?

Court would be for rights to a kid And the pictures are not good

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

You can always defend with whatever evidence you have. You can also agree to settle the issue without going to court. The importance of the pictures to the case depends on what the pictures show.

1 Answer | Asked in Family Law for Colorado on
Q: ISO a Domestic Relations attorney in Arapahoe County immediately

I would first like to get a continuance on the date which is next Tuesday, 1/26/21 and then establish permanent full custody with specific visitation rights. My 13 y/o son has autism and multiple special needs. It will be a simple custody court case because the father is unfit, homeless,... Read more »

Cindy Perusse
Cindy Perusse answered on Jan 21, 2021

I can help you with advice only. We would need to talk more about what kind of limited services you are thinking of though and we would need to sign a representation agreement spelling it out.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I have a question about filing a motion on my own.

Petioner has admitted to lying in court about his employment and refuses to pay child support. He is also unemployed and does not have the funds to support our son. He is also filing his 6th motion to get child support terminated as well.

Sabra M. Janko
Sabra M. Janko answered on Jan 21, 2021

The answer to your question depends on what the current status of the case is. It looks like he plans to file motion. You have the ability to respond to that motion within 21 days if you are in Colorado and within 35 if you live outside of Colorado.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: If a father is not on the birth certificate does he have the right to get a lawyer and take your child away from you

Under false pretenses besidesOnly thing is is living in hotel rooms after losing house. And is it against the law to do it without being served with paperwork before court date

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2021

A person who has no connection to a child can "take the child away" in court in the sense of obtaining custody. It sounds like the father here may have some connection to the child.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

Sabra M. Janko
Sabra M. Janko answered on Jan 16, 2021

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My boyfriend and I live in Colorado. Does he have parental rights to my 2 teenage children that live with us full time?
John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2021

He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If the petitioner passed away, is the court order still valid?
Sean Maye
Sean Maye answered on Jan 8, 2021

Without knowing the specifics of what you're referring to and the specific Court order at issue, no attorney can say you're correct 100%. But, generally speaking, an Order from the Court that requires 2 parties to act or not act in a particular way can become moot upon the death of one... Read more »

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What recourse do I have if the child support office messed up my child support and have not received anything in 2mo?

My support was lowered in sept. I continued to received the same support in sept and oct because the child support office had not processed the court order yet. I had not received anything since Oct 7th and was told by them that was due to the modification and had been paid more in sept/oct. Made... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jan 2, 2021

I am sorry to hear about your situation. Everything that you are describing sounds possible. For example, your ex's payment could have been garnished for another debt. You might request a copy of the support documentation from the caseworker to review or ask to speak with a manager who might... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Hi, I would like to file child support from my ex husband. I'm currently not working. my current spouse supports me.

Do I put my husbands income down on the financial statement?

Sabra M. Janko
Sabra M. Janko answered on Dec 29, 2020

Your current spouse's income does not count towards child support for a child of another marriage. You just put down your income.

1 Answer | Asked in Family Law for Colorado on
Q: I have a NCO with parter and I came to an agreement using talking parents can I trust this or do I need a court
Sabra M. Janko
Sabra M. Janko answered on Dec 28, 2020

If you would like an agreement that is enforceable in domestic relations court, then you should have a court order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When can my 14 year old son decide if he wants to visit his mother or not?

My son and I live in Nebraska and his mother lives in Colorado where we were divorced. He is now at the age where he doesn't want to go visit on the one weekend a month that he is supposed to go. All they do is argue when he is there.

Sabra M. Janko
Sabra M. Janko answered on Dec 24, 2020

The parenting time plan is what the court order specifies. If you feel that a change is in his best interests, you can request a modification. There is no time where a parent can allow a child to violate a court order due to age.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: In Utah had a protective order against me and part of that order the judge said would automatic end I n 150 days.. well

At almost 2 years I was arrested for a violation . My kids was taken from me from our home in Colorado.. the judge said 150 days why isn't what the judge orders being done

Sabra M. Janko
Sabra M. Janko answered on Dec 17, 2020

You may wish to have an attorney review the order. If the order was issued in Utah, any modification would have to occur there if any of the parties remain there.

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