Will Ellison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

No, a QDRO does not need to be drafted and filed before the Decree is signed by the Judge.

It is possible you could file it with the other settlement documents, but it is not typical in most cases. The language included in QDROs often includes reference to the date the decree issued, so it... View More

Good Afternoon,

You ask a great question! In most cases, there is no statutory prerequisite concerning QDRO's that have to be met in order for the Court to enter a Dissolution of Decree of Marriage. Many times, a Separation Agreement (the agreement that details the manner and methods... View More

If I am understanding your situation, you have a parenting plan with a designated location for exchanging the child(ren). Neither parent should "make" the other meet at a different location unless it is agreed upon, preferably in writing. Parenting time exchanges should also be free... View More

In general no, once a civil protection order is dismissed "without prejudice", then the case is closed in the court system. Without prejudice means that the party who filed the civil protection order can refile it at a later time; however, it is worth noting that most courts would want... View More

I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.

Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible.... View More

Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been... View More

As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... View More

This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... View More

A motion to restrict parenting time is brought pursuant to C.R.S. 14-10-129(4), and is an emergency motion asking the court to prohibit all unsupervised parenting time with the children by the other parent because the children are in imminent danger of physical or emotional harm with that parent.... View More

While Colorado may lift restrictions on someone's driver's license for failing to register their vehicle, failing to pay traffic related fines, and certain criminal offenses, your driver's license can still be suspended for failing to pay child support. This is pursuant to C.R.S. §... View More

Sabra M. Janko Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.

This is not a simple or straight forward question to answer. There are layers here.

If both parties request for child support services to stop enforcement, they will generally finish anything that is already pending before the court before stopping. They will not reverse any enforcement... View More

Having someone held in contempt of court would be for violating court orders. Whether it is a legal separation or a divorce does not matter. The key question in this situation is how long did he have to remove you from the title of the truck per the court order. If he has failed to do so by the... View More

First, thank you for providing this very helpful service. It is beneficial to your grandson to have these visits with family present rather than in a professional facility with a stranger. There are also, sadly, far more parents who are required to have supervised visitation for a period of time... View More

Sabra M. Janko Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023

A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... View More

Colorado is not a 50-50 state. Marital property is divided "equitably', meaning "fairly', not necessarily "equally'. However, parties have great leeway in determining how to do a property division if they agree on it. The court will approve it so long as it is... View More

It is not quite clear what you are asking here.

If your question is how to find a mediator, that is relatively simple. If you go onto the state judicial website, www.courts.state.co.us, pull up your county's court, then you can find the link to the Office of Dispute Resolution (ODR).... View More

Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... View More

You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... View More

The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not,... View More