Before panic sets in, let’s be clear: in Colorado family courts, your child’s well-being is the top priority. That means substance abuse allegations are taken incredibly seriously. However, it’s not always a black-and-white situation, and an accusation does not automatically strip away parental custody rights.

Ready to understand precisely what Colorado courts look at when substance use becomes a factor? Curious about the right way to bring up these serious concerns? We will explain what you need to know to navigate this challenging chapter in your life. Find out more by speaking with an attorney today: (303) 781-0322

Table of Contents

1. Why Courts Care About Parental Substance Abuse
2. How to Prove Drug Use in a Custody Case
3. Proving the Nexus Between Substance Abuse and Child Custody Concerns
4. What Courts Consider a Pattern of Substance Abuse
5. How to Prove Alcoholism in Custody Cases
6. How to Prove Substance Abuse in Divorce
7. Why Colorado Families Turn to Plog & Stein P.C. for High-Conflict Custody Cases
8. Protecting Your Child Starts with Knowing Your Legal Options

Why Courts Care About Parental Substance Abuse

Colorado law requires that all custody decisions serve the best interests of the child. If a parent’s drug or alcohol use threatens a child’s physical or emotional safety, the court has a legal duty to respond. However, courts don’t punish parents simply for having a past. Instead, they look at whether the substance use:

• Poses a current and ongoing risk to the child,
• Interferes with a parent’s ability to meet the child’s needs, or
• Has resulted in past harm or instability.

In other words, context matters. A single incident might raise concerns, but long-term patterns or dangerous behavior carry far more weight.

How to Prove Drug Use in a Custody Case

If you’re concerned, you likely want to know how to prove substance abuse in a custody case. It’s essential to come to court with clear, specific evidence, as judges will not act on accusations alone. They need documentation showing a behavior pattern and its impact on the child before they will modify custody orders. Below are common forms of evidence parents use to demonstrate substance use:

• Police or arrest records—especially those related to possession, use, or endangering a child;
• Reports from therapists, counselors, or social workers—documentation on how substance use is impacting the child’s mental health or home environment;
• Eyewitness testimony—statements from family members, neighbors, or professionals who’ve observed concerning behavior;
• Missed parenting time or erratic behavior—if the parent routinely fails to show up or acts unpredictably;
• Rehab or treatment documentation—if the other parent has been in or dropped out of recovery programs; and
• Social media or communications—posts or messages that suggest ongoing or unsafe use.

If you’re raising this issue in court, focus on how the behavior affects your child, not just how it happened.

The court looks closely at addiction claims during custody cases. We’ll help you present strong evidence and fight for what’s best for your child. Speak to an Attorney

Proving the Nexus Between Substance Abuse and Child Custody Concerns

Successfully proving the impact of substance abuse on child custody means showing the court how the child’s safety, development, or emotional health is at risk. Many parents make the mistake of focusing solely on the substance use itself. However, the court cares about parenting ability, not moral judgments. Some ways to show the connection include:

• Teachers and caregivers. Testimony from teachers or childcare providers about changes in the child’s behavior can be impactful in court.
• Unsafe conditions. Evidence or descriptions of instances where the child was left unsupervised or in unsafe situations can illustrate the connection between substance use and risky parenting behaviors.
• School, sleep, or mood. You can keep records or journals detailing your child’s sleep or mood fluctuations and how they correlate to the co-parent’s substance abuse. You can also use school attendance records to show that the substance use led to the child missing school, if applicable.
• Child’s fear. Presenting evidence that the child has expressed fear, confusion, or distress related to the parent’s substance use can help make your case.

These facts can persuade a court to take action, whether that means ordering supervised visitation, requiring treatment, or limiting parenting time.

What Courts Consider a Pattern of Substance Abuse

Not all substance use is treated equally. Courts look for signs that a parent has a pattern of behavior that creates risk. Occasional or historical use won’t necessarily result in custody changes, especially if the parent is compliant with treatment or sober living conditions. Red flags judges look for include:

• Multiple arrests or legal incidents related to drugs or alcohol,
• Recent relapse after a period of sobriety,
• Refusal to engage in treatment when recommended,
• Violations of existing court orders tied to sobriety, and
• Ongoing instability, such as inconsistent housing or employment.

If these elements are present, the court may view the behavior as part of a more significant issue that requires legal intervention.

How to Prove Alcoholism in Custody Cases

Co-parents who see the other parent’s drinking affecting their child often wonder how to prove alcoholism in custody cases. As with drug use, it’s important to document both the drinking itself and its impact on parenting. The legal system distinguishes between recreational or social drinking and alcohol dependence that impairs judgment or puts a child at risk. You may have a stronger case if:

• The other parent has a history of alcohol-related arrests (e.g., DUI or public intoxication);
• There’s proof of drinking during parenting time or school pickups;
• The parent has failed to comply with alcohol-related treatment; or
• The child has expressed fear or described unsafe situations tied to alcohol use.

You don’t need to prove rock-bottom addiction, but you need to show how drinking affects the child’s well-being and stability.

How to Prove Substance Abuse in Divorce

If your custody case is happening as part of a divorce, addressing how to prove substance abuse in divorce may be more complex and more urgent. You may need to act quickly to request temporary orders or emergency protections while the court investigates. Here are some common steps to consider:

• Raise the issue in your initial filings or response—include a request for testing or restrictions if necessary;
• Submit supporting documentation—police reports, texts, treatment records, or statements from third parties;
• Request a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) evaluation—especially if there are multiple disputed issues in your case; and
• Keep records of everything—missed visits, erratic behavior, or anything that demonstrates a risk to the child.

Your attorney can help you determine the best legal approach based on the timing and seriousness of the behavior.

Why Colorado Families Turn to Plog & Stein P.C. for High-Conflict Custody Cases

At Plog & Stein P.C., we have spent over 20 years helping parents protect their children and navigate high-stakes custody battles. Our attorneys specialize exclusively in family law, bringing talent, skill, and passion to every case.

We understand how to distinguish fact from fiction and assist our clients in presenting robust, evidence-based arguments in court. Whether you’re seeking protection for your child or confronting allegations yourself, we’re here to advocate for a result that prioritizes your family’s future.

Protecting Your Child Starts with Knowing Your Legal Options

If you’re dealing with substance abuse and child custody issues, it’s essential to act quickly and thoughtfully. Whether you’re the parent raising concerns or responding to them, the steps you take today can shape your child’s future for years. Contact us now.

You’re doing everything possible to be a steady presence in your child’s life, but something has changed. Your child’s attitude toward you has shifted seemingly overnight. They may be distant, angry, or even accusing you of things that never happened. You suspect the other parent is behind it. If this sounds familiar, you may be dealing with parental alienation.

This situation can leave parents feeling powerless. But under Colorado law, you do have options. Understanding what parental alienation is, how to identify it, and how to take action through the court system can make all the difference in protecting your relationship with your child.

Table of Contents

1. Parental Alienation
2. What Is Parental Alienation?
3. Why Courts Take It Seriously
4. How to Prove Parental Alienation
5. Can a Parent Lose Custody for Parental Alienation?
6. How to Win a Parental Alienation Case in Court
7. Parental Alienation Laws in Colorado
8. What Makes Plog & Stein P.C. the Right Team for Complex Custody Issues?
9. Ready to Take the First Step Toward Protecting Your Relationship with Your Child?

What Is Parental Alienation?

Parental alienation occurs when one parent uses psychological tactics to damage or destroy the child’s relationship with the other parent. The alienating parent may manipulate the child’s feelings, exaggerate negative traits, or even make false claims about the other parent’s behavior.

While not officially recognized as a mental disorder in medical manuals, Colorado courts are increasingly aware of the real and harmful impact this behavior can have on a child. Common examples include:

• Repeatedly telling a child the other parent doesn’t love them or want them;
• Blaming the other parent for the family’s separation in front of the child;
• Encouraging a child to refuse visitation or communication with the other parent;
• Making the child feel guilty for enjoying time with the other parent;
• Withholding important information about school or medical appointments; and
• Allowing or encouraging the child to call a stepparent “Mom” or “Dad.”

These behaviors can severely damage the child’s emotional well-being and, ultimately, their relationship with both parents.

Why Courts Take It Seriously

Courts operate under the guiding principle of the child’s best interests. When a parent’s behavior interferes with a child’s emotional health or distorts their relationship with the other parent, it becomes a legal issue of coercive control.

Judges may view parental alienation as a form of emotional abuse. If proven, it could result in serious consequences for the alienating parent, including:

• Modifications to custody or parenting time,
• Court-ordered reunification therapy,
• Contempt of court findings,
• Supervised parenting time, or
• Restricted decision-making rights.

In extreme cases, the court may consider changing primary custody if one parent actively works against the child’s best interests by alienating the other parent.

How to Prove Parental Alienation

Proving parental alienation in court is challenging but possible. Allegations alone won’t be enough, as judges need credible evidence to act. Fortunately, there are several ways to build a persuasive case.

Here are common types of evidence that may help:

• Text messages or emails—show patterns of one parent undermining the other or violating court orders;
• Witness testimony—teachers, therapists, or relatives may have observed concerning behavior or changes in the child;
• Therapist or counselor records—professional insight into the child’s sudden emotional or behavioral changes;
• Parenting time logs—tracking missed visits or refusal to comply with court-ordered parenting time; and
• Recorded interactions—when legally obtained, audio or video evidence can reveal manipulation or disparaging remarks.

Proving these behaviors takes time and strategy. Working with a knowledgeable attorney can help you organize the evidence and present your case clearly and effectively.

Can a Parent Lose Custody for Parental Alienation?

Yes, a parent can lose custody for parental alienation, but only if the court finds that doing so is in the best interests of the child. Colorado courts are cautious when it comes to modifying custody arrangements, especially if they involve switching primary custody from one parent to another.

If the alienating behavior is persistent, harmful, and well-documented, the court may step in to protect the child. Colorado law allows for custody modifications when a parent’s actions significantly impair a child’s emotional development.

How to Win a Parental Alienation Case in Court

Winning a parental alienation case in court requires careful preparation and a strategic legal approach. The burden of proof falls on the parent bringing the claim, and the court will need a clear connection between the other parent’s behavior and harm to the child. To strengthen your case:

• Document everything—keep detailed records of parenting time, interactions with the other parent, and your child’s behavior;
• Follow the court order—even when it’s hard, comply with all parenting time and communication rules;
• Don’t retaliate—avoid engaging in similar behavior or speaking negatively about the other parent;
• Get professional support—therapy for your child or family counseling can provide proactive steps; and
• Work with an experienced attorney—to help gather and present the evidence the court needs to see.

These cases are emotional and complex. It is essential to stay focused on the legal process and your child’s long-term well-being.

Parental Alienation Laws in Colorado

There is no standalone statute titled parental alienation laws, but Colorado’s family law statutes provide several legal tools to address alienating behavior. These include:

• Best interests standard. Judges are required to consider the child’s emotional and psychological well-being when making custody decisions.
• Contempt proceedings. A parent who refuses to comply with court orders can be held in contempt.
• Modification of parenting time. The court may alter parenting arrangements to protect the child.
• Therapeutic interventions. Courts can require therapy or counseling to repair the parent-child relationship.

These legal tools give courts the flexibility to respond to alienating behavior and protect the child’s emotional well-being.

What Makes Plog & Stein P.C. the Right Team for Complex Custody Issues?

With over two decades of dedicated family law practice, Plog & Stein P.C. has established a strong reputation in the Denver metro area for assertive, informed, and strategic legal representation. Our attorneys focus exclusively on family law and possess decades of combined litigation experience.

We don’t just talk; we act. Whether navigating a complex custody modification, gathering evidence to prove alienation, or representing clients in emotionally charged hearings, we work relentlessly to advocate for the best possible outcome. Our legal team understands the stakes. We’re here to guide you through difficult decisions and help you protect what matters most.

Ready to Take the First Step Toward Protecting Your Relationship with Your Child?

If you’re experiencing signs of parental alienation, don’t wait to take action. These situations rarely improve without intervention, and the longer it goes on, the harder it can be to repair your bond with your child.

Whether you need help gathering evidence, filing a motion, or navigating custody modification, our team is ready to help.

If you are struggling with spousal support payments and need help modifying your support order, the experienced attorneys at Plog & Stein P.C. are here to guide you through the process. We understand the challenges you are facing, and we are committed to helping you achieve the best possible outcome. Call or contact us online to get started.

Table of Contents

1. When Can You Seek a Spousal Support Modification?
2. Modification of Spousal Support: What You Need to Know
   1. How to Start the Alimony Modification Process
   2. Spousal Support Modification Changes: What to Expect
3. The Role of a Family Lawyer in Modification of Alimony
4. Contact Plog & Stein P.C. for Help with Your Alimony Modification

When Can You Seek a Spousal Support Modification?

In Colorado, spousal support can be modified or terminated under certain conditions. If you are paying alimony or receiving it, you may need to adjust the terms due to changes in your life. Some of these changes might include:

• Changes in income. If the paying spouse has lost their job or had a significant drop in income, they may need to request a modification.

• Change in the recipient’s financial situation. If the person receiving support gets a better-paying job or comes into unexpected income, the paying spouse might ask for a decrease in the amount.
• Health issues. If either spouse develops a serious illness or disability, it can affect their ability to earn money. In such cases, the court may consider adjusting the support amount to reflect the new financial reality.
• Remarriage or cohabitation. In some cases, if the recipient remarries or starts living with a partner, the payment may be reduced or eliminated.

Understanding when a modification of spousal support is necessary is the first step in making changes. If you are unsure if your situation qualifies, it’s best to consult a family law attorney to guide you through the process.

Modification of Spousal Support: What You Need to Know

A spousal support modification can only happen if the court agrees that there has been a substantial change in circumstances. This is why it’s important to have clear evidence that something significant has changed in your life or the other party’s life.

How to Start the Alimony Modification Process

If you believe you need to modify your spousal support, here’s a step-by-step plan to make the process smoother:

• Document the changes. Collect all evidence of the change in circumstances. This could include pay stubs, medical records, or other financial documents.
• Talk to the other party. Before filing with the court, it’s a good idea to discuss the situation with the other party involved. They may agree to the modification without going to court, which can save time and legal fees.
• File a motion with the court. If the other party does not agree, you can file a motion for a spousal support modification. Your lawyer will help properly draft and submit this motion.
• Attend the hearing. A judge will review the evidence and decide whether to approve the modification. It’s important to present your case clearly and with all necessary documentation.
• Follow the court order. If the judge approves the modification, the new terms will be included in a court order. Be sure to follow the new terms, and if there are any further changes, go through the process again.

While this may sound like a lot, a lawyer can make the process much easier. With professional help, you can ensure that the modification of spousal support is handled correctly.

Spousal Support Modification Changes: What to Expect

It is essential to understand that when you seek a spousal support modification, it’s not guaranteed that the support amount will change. The court will carefully review your situation and the evidence you present.

For example, if you are the payor and are seeking to decrease the support you pay, the court will look at:

• Your ability to pay,
• The recipient spouse’s need for support, and
• The duration of the original order.

The court will also consider whether the change is fair to both parties, given their circumstances. It’s important to understand that any modification must be based on a substantial and material change in circumstances, such as a job loss or a serious medical condition. If you are seeking to modify alimony and are unsure whether your situation qualifies, don’t hesitate to get advice from an experienced lawyer.

The Role of a Family Lawyer in Modification of Alimony

If you are facing difficulties with spousal support payments or if you need a change in your alimony amount, having an experienced lawyer by your side can make a huge difference in the outcome of your request. A family law attorney can help you:

• Understand the legal grounds for modifying spousal support,
• Gather evidence to support your case,
• Navigate the court system efficiently, and
• Protect your rights throughout the modification process.

At Plog & Stein P.C., our focus is on family law, and we have a proven track record of helping clients achieve favorable outcomes in modification of alimony cases. We understand that this can be a stressful and emotional time, and we are here to provide you with the support you need.

Contact Plog & Stein P.C. for Help with Your Alimony Modification

If you need assistance with modifying spousal support, contact Plog & Stein P.C. today. We are ready to listen, offer experienced legal guidance, and help you through every step of the process.

Whether you need to pay less or receive more, the experienced team at Plog & Stein P.C. is here to help you navigate the modification of spousal support. Don’t face the legal challenges of modifying alimony alone. Let us help you find the right solution for your situation. Call or contact us online for a consultation.

When navigating through the complexities of child support in Colorado, the primary relevant statute attorneys look to is C.R.S. 14-10-115. The statutory sections provides specific guidelines for determining child support obligations. Those guidelines set forth the Legislature’s numerical determination of what specific monetary figure a child needs for appropriate monthly support. The primary determining factor for calculating Colorado child support is income. However, “income” may not be readily discernible. In many cases, parents will have a set wage or salary, thereby making income easily determinable. However, issues can arise in instances in which a parent doesn’t work full time, or perhaps doesn’t work at all. In cases in which the court believes a parent is voluntarily unemployed or underemployed, the court can impute, or assign, a specific income figure to that parent. For many years, the standard for imputing income has been 40 hours per week times 52 weeks per year. Changes to C.R.S. 14-10-115, in place starting in 2023, have lowered the proverbial bar by allowing for imputation based on someone working 32 hours per week, 50 weeks per year. This scenario only applies in certain situations. This article will peer into the nuances of these changes to C.R.S. 14-10-115, focusing on how its application may be good for some, but not for others.

Navigating child support calculations can feel overwhelming, especially with evolving income standards. With guidance, you to make informed decisions for your family’s future with confidence and clarity. GET HELP HERE

An Overview of C.R.S. 14-10-115

C.R.S. 14-10-115 sets forth the statutory formulate for calculating child support, whether an original assessment or in a modification. Specifically, the statute looks at the number of children, each parent’s income, the allocation of overnight parenting time, and other factors, such as child care costs, health insurance costs, and other known, recurring factors. Most calculations are done using applicable software and most courts, absent good reason, are going to follow the guidelines/formula.

Why Impute Income?

While it’s presumed that all parents love and will do what’s necessary for their child, the reality is that some parents will try to lower their income so as to either void paying appropriate child support, or with the hope of receiving more child support than would be equitable. As a result, statute allows imputation to ensure that child support is calculated based on a parent’s true ability to earn. Imputation is not an issue in cases in which both parties are appropriately employed, or in which one has a valid reason why he or she cannot work. In essence, imputation keeps a parent from avoid their obligations regarding child support by lowering their income in a deliberate fashion.

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The New 32 Hour/50 Week Standard

In cases in which imputation is needed, the court does not have to impute at 32/50. In fact, the traditional 40/52 standard is still at play. C.R.S. 14-10-115(5)(b.5) lays out various factors a court should look at when determining imputation of income for a parent. Subsection (b.5)(N) states:

“Prevailing earnings level in the local community. The typical hours available to workers in the parent’s job sector as established by any reliable source generally used and relied on by the public or persons in a particular occupation, including, but not limited to, verified statements, work history, the United States department of labor’s bureau of labor statistics or other reliable compilations, the department of labor and employment, or other information provided by the parent. In the absence of any such information, the court or delegate child support enforcement unit shall determine the parent’s income based on a reasonable rate of pay for a thirty-two-hour workweek for fifty weeks each year, subject to other factors set forth in this section that may affect the number of hours the parent is capable of working, such as age, health, or the specific needs of the subject child.”

This new standard can wash away the decades old norm of 40 hours per week/50 weeks per year and can cut a parent’s imputed income by 20 percent, not withstanding the further reduction of 2 weeks per year. Now, a new burden is placed on the party seeking imputation to clearly demonstrate to the court the typical work schedule or number of hours worked in an industry or industries. If the child support attorneys is unable to demonstrate to the court that 40 hours per week, 50 per year, are traditional, then the 32/50 standard will govern. One could argue this is unfair to the other parent, for an array of reasons.

Implications for Child Support Cases

• Lack of Parity: It can be argued that the new 32/50 standard creates a double standard for how parties to a child support case are treated. Most people do work”full-time” jobs, meaning they are require to work a 40 hour week. Additionally, in most situations, those with the 40 hour per week job are also provided with 2 weeks, or more, of vacation each year. Thus, while their income is not being imputed, they are nonetheless working or being paid for 2080 hours per year. The child support calculation will reflect such. The 32/50 standard will allow some to work less, or to choose employment paths that lead to lower income calculations (1600 hours per year). Given the inherent tendency for almost all people to want to reduce their income when calculating child support, the new standard may lead people to intentionally take jobs that do not offer, or traditionally provide for 40 hours per week. This new standard may deprive some kids of proper support and treat other parents unfairly.

• Changing Work Landscape: It can also be argued that 32 hours per week/50 weeks per year may be more realistic for today’s employment dynamic, in which many companies may strive to keep workers from hitting their 40 hours, so as to keep them from being obligated to pay benefits. This phenomenon is more common in lower paying, unskilled jobs. As such, the 32/50 standard may be more favorable to lower earning parties, which may be inherently be fair. It may also just be a reflection of the new “work-life balance” younger generations are demanding and striving for.

• Modifications: Child support can be modified based on a substantial and continuing change leading to a 10% or more change to the monthly child support payment. I have run multiple child support calculations, using multiple income figures and scenarios. In all of them, when running a parent at the 32/50 standard, or roughly 80% of full time income, then running them at 100%, the increase in income to the 40 hour per week standard did not lead to a 10% or more change to the monthly child support figure. Thus, when child support gets set at the 32 hours per week, the beneficiary of that standard can easily move to the full 40 hours and not be at risk of that factor alone triggering a 10% or more change. One has to question if this is fair.

• New Litigation Topic: The law is about argument. Any grey area will be litigated. Where we Denver divorce attorneys have relied on the fact that imputation was at 40 hours a week for years, there is now a new variable at play which will lead to battles over how many hours to impute someone. As can often be the case, while the Legislature believes it is doing something designed to make things easier, sometimes that’s just not the case. New battles will now certainly ensue regarding 32 vs. 40 hours per week.

Speak to the Experienced Colorado Child Support Attorney Today

As someone practicing Denver family law for over quarter century, I can reasonably state that broad changes to the law do not come too often. The new, sometimes applicable standard of imputing 32 hours per week, 50 weeks per year, is a big change. It will be interesting to see how all of this plays out in the courts and whether it has made things easier for people and courts, and better for children. For years, we attorneys readily he imputation of income at a standard of 32 hours a week for 50 weeks a year under CRS 14-10-115 is a critical aspect of child support calculations in Colorado. If you find yourself in a child support case and need the help of an experienced family law attorney, contact Plog & Stein, P.C.

Colorado allows certain individuals to request an order of protection in limited circumstances. Victims of the following crimes can get an order of protection:

• Domestic abuse,
• Stalking
• Sexual abuse,
• Unlawful sexual contact,
• Abuse of the elderly or an at-risk adult, or
• Physical assault, threat, or other situation.

Additionally, Colorado criminal courts automatically impose restraining orders in certain cases. The violation of a protection order is a criminal act and can result in significant penalties. If you have questions about getting an order of protection in Colorado, contact Plog & Stein, P.C., to consult with one of our experienced family lawyers. Our team is well-versed in family law cases involving orders of protection and has what it takes to meet the needs of our clients.

Civil Protection Orders vs. Mandatory Protection Orders

Colorado uses both civil protection orders (CPOs) and mandatory protection orders (MPOs) to prevent contact between two parties. A mandatory protection order is issued automatically, while a victim must request a civil protection order. The person who requests a civil protection order is called the petitioner or the protected party. The person named in the civil protection order is called the respondent or the restrained party.

Mandatory Protection Orders

In a criminal case, the court will generally automatically impose an MPO when someone is arrested for a domestic violence or similar, related charges. Like a civil protection order, the MPO prohibits contact by the accused party. MPO’s are handled in criminal cases and not something family law attorneys deal with. MPO’s will usually run through the duration of the criminal case, including through any sentence or probation period. While we do not handle MPO’s or criminal cases, we can assist with getting a civil protection order so that protections continue when the criminal case concludes.

Civil Protection Orders

Unlike an MPO, the protected party must request a CPO. Individuals can request a temporary protection order (TPO) if they feel in immediate danger. A TPO lasts for two weeks. The TPO prevents the restrained party from trying to:

• Contact,
• Harass,
• Injure,
• Intimidate,
• Molest,
• Threaten,
• Touch,
• Stalk,
• Sexually assault,
• Or abuse the protected party or parties.

The TPO can prohibit the restrained party from coming within a specified distance of the protected party or contacting them in any way.

After two weeks, the judge holds a hearing to determine whether to extend the order to a permanent protection order (PPO). The TPO will automatically expire if the protected person does not attend the PPO hearing. A PPO continues forever, though the retrained person can seek modification or termination, under certain circumstances, after 2 years.

How Do I Apply for an Order of Protection?

You apply for an order of protection by filing the required paperwork at the county court where you live. Protection Orders can also be sought as part of a divorce or child custody case, at the district court level. If a divorce or custody case is filed after a county court TPO is issued, many jurisdictions will consolidate the cases.

First, you need to complete the form to apply for a TPO. On the TPO form, you must provide basic information about the protected parties. Then, you must verify that you were a victim of a list of particular acts or forms of misconduct.

The TPO form asks the protected party to provide specific details about the incident that made them request the restraining order. This includes providing information about where the incident occurred, whether children were present when the incident occurred, whether a weapon was involved, and what threats or acts of violence were made. The courts anticipate that many protected parties may have multiple incidents that motivated them to request a protection order. Therefore, the form requests details about the most recent incident and most serious incident. It also provides space so you can include information about other incidents if necessary. If you want the court to consider other incidents, those should be included in the complaint.

The petitioner can request that specific prohibitions be included in the protection order, like an order for the restrained party to vacate any shared spaces or stay away from the protected party’s place of work.

Additionally, the petitioner must choose whether to request temporary custody of shared children with the respondent and provide an explanation for their decision.

A Colorado family law attorney can help you determine if you qualify for a protection order and give you a better understanding and what will be needed to prove the case at trial. Many people seek TPO’s on their own, then seek out an attorney for the hearing to take place within two weeks. Sometimes this is done as a cost-saving measure.

Contact an Attorney Today to Find Out About Getting an Order of Protection

Our team at Plog & Stein frequently helps clients with matters involving civil protection orders. We take these matters seriously, whether we are helping a client secure a protection order for themselves or fighting against a protection order filed against them. If you need an order of protection to help ensure your own safety or as part of your pending divorce or child custody matter, contact an experienced Denver family law attorney to discuss your case.

What about the mortgage, the equity, or the tenants? When emotions run high and real estate is on the line, understanding how rental properties in Colorado are divided during divorce becomes critically important.

Below, our team breaks down what Colorado law says, how courts approach these issues, and how a seasoned divorce attorney can protect your financial future.

If you have additional questions about how rental property is divided in a divorce, please contact us today at (303) 781-0322.

Table of Contents

1. What Makes Rental Properties Unique in a Colorado Divorce?
2. Is Rental Income Marital Property?
3. How Is Property Divided in a Divorce in Colorado?
4. Split Ownership of Rental Property: How Does It Work?
5. When One Spouse Owned the Property Before Marriage
6. What Happens to Rental Expenses and Mortgage Debt?
7. The Importance of Legal Representation When Dealing with Divorce and Rental Properties in Colorado
8. We Provide Strategic Property Division Solutions
9. FAQs
   1. Can I Keep a Rental Property If It’s in My Name Only?
   2. What If We Co-Owned a Property, but I Paid All the Expenses?
   3. Can We Sell the Property and Split the Proceeds?
   4. What Happens to Tenant Leases During Divorce?

What Makes Rental Properties Unique in a Colorado Divorce?

Rental properties are more than just physical assets. They’re income-generating investments. That makes them more complex to divide than a family home. In divorce, Colorado follows equitable distribution principles, meaning property is divided fairly, not necessarily 50/50.

Rental real estate may include:

• Single-family homes leased to tenants,
• Vacation properties listed on Airbnb or VRBO,
• Multi-family buildings or duplexes, or
• Commercial real estate or mixed-use properties.

These properties can be considered marital, separate, or a combination of both, depending on when and how they were acquired and maintained. That classification affects how ownership and income are handled.

Is Rental Income Marital Property?

Rental income is generally considered marital property if it is earned during the marriage. Under Colorado law, income generated from either spouse’s efforts or matrimonial assets during the marriage becomes part of the marital estate.

This rule applies to rent collected from jointly owned properties and income from a property one spouse owned before the marriage if that property was managed using shared resources.

Even if a rental property was initially acquired as separate property, any appreciation in its value or profits generated during the marriage may be subject to division by the courts during divorce proceedings. Several factors can lead to this outcome:

• One spouse contributed to the property’s upkeep, management, or enhancements;
• Marital funds were used for property taxes, repairs, or mortgage payments; or
• Rental profits or losses were reported on joint tax returns by the couple.

Ultimately, the way rental income and appreciation are handled depends on how the property was acquired, maintained, and reported during the marriage. Because these issues are fact-specific, spouses who own or manage rental properties should be prepared to document contributions and financial records to protect their interests during divorce proceedings.

How Is Property Divided in a Divorce in Colorado?

Courts divide marital property based on what’s fair, not always what’s equal. This includes real estate, retirement accounts, bank accounts, business interests, and debts. When it comes to rental properties in Colorado, the court will consider factors like:

• Whether the property was acquired before or during the marriage;
• Financial and non-financial contributions from both spouses;
• The current and potential future value of the property;
• The economic circumstances of each spouse post-divorce;
• Whether the property was kept separate, like in the case of an inheritance or gift; and
• Any written agreements, such as a valid prenuptial agreement.

The court may award full ownership to one spouse, require a buyout, or order the property to be sold and the proceeds split.

Split Ownership of Rental Property: How Does It Work?

When spouses who own rental property together divorce, they encounter difficult choices. Here are some ways to divide ownership of rental property:

• One spouse buys out the other’s share through refinancing or offsetting with other marital assets;
• The property is sold, and the proceeds are divided according to the court or other agreement; or
• Both spouses continue to co-own the property with a formal written agreement and clear exit strategy (not ideal in high-conflict divorces).

Courts generally prefer clear financial separations. Ongoing co-ownership is risky and can lead to future disputes unless carefully structured.

When One Spouse Owned the Property Before Marriage

If a rental property was purchased before the marriage, it may be considered separate. However, this doesn’t automatically exclude it from division. If the property increased in value during the marriage or marital funds or efforts were used to maintain it, that appreciation may be divided.

The court distinguishes between separate property (original value) and marital appreciation (growth due to joint efforts). Spouses seeking to protect pre-marital rental assets must be ready to trace those funds and demonstrate minimal marital contribution.

What Happens to Rental Expenses and Mortgage Debt?

The court will also look at expenses associated with the property, such as:

• Mortgage payments made during the marriage;
• Property taxes and insurance;
• Repairs, upgrades, and capital improvements; and
• Property management costs.

If these were paid with marital funds, they may increase the marital interest in the property. Debts tied to rental property, such as mortgages or liens, will also be factored into the division of property and may reduce one spouse’s equity.

The Importance of Legal Representation When Dealing with Divorce and Rental Properties in Colorado

Handling rental property division in Colorado divorce means confronting valuation wars, tracing fund origins, and structuring ownership or income allocation. That’s exactly where a firm like Plog & Stein, P.C. makes a difference:

• Aggressive tracing and documentation. We can gather evidence to ensure the property is appropriately classified as marital or separate, especially when assets were merged or co-titled.
• Expert valuation and forensic accounting. Rental properties often come with tax, depreciation, and capital accounts arguments. We bring in professionals to support your position.
• Creative settlement structure. We can help sculpt deals, such as staggered buyouts, deferred payments, or income sharing that your spouse might accept, and a judge would approve.
• Litigation readiness. If the other side resorts to undervaluing or misclassifying, we’ll fight those issues aggressively at trial.

Our firm has over 50 years of combined experience in Colorado family law, intimate knowledge of Denver and mountain counties’ valuation practices, and a track record of protecting clients’ investment interests even in heated cases.

We Provide Strategic Property Division Solutions

At Plog & Stein, P.C., our decades of combined experience mean we understand the high financial stakes when dividing rental property in a Colorado divorce. Our firm doesn’t treat your property like just another asset. We advocate clearly and firmly for your interests and evaluate the full financial picture to help you retain what matters most.

Don’t guess how your rental properties will be handled in a divorce. Get our divorce attorney’s guidance, grounded in Colorado law and financial common sense. Whether you’re protecting your assets or ensuring a fair split, we’re ready to help. Contact us today to schedule a consultation.

FAQs

Can I Keep a Rental Property If It’s in My Name Only?

While it’s possible, it isn’t automatic. If the property was acquired during the marriage or if marital funds were used, it may still be deemed part of the marital estate. Courts will assess the source of funds and each spouse’s contributions.

What If We Co-Owned a Property, but I Paid All the Expenses?

If you made financial contributions from non-marital funds, it may give you a stronger claim to a greater share of the property. However, courts may still view the property as jointly owned and subject to equitable division without a written agreement.

Can We Sell the Property and Split the Proceeds?

Yes, this is a common resolution. The property can be sold, and the net proceeds divided fairly. The court may order this if the spouses can’t agree on another solution.

What Happens to Tenant Leases During Divorce?

Tenant leases remain valid. If the property is transferred to one spouse, that person assumes the landlord responsibilities unless both parties agree otherwise or the property is sold.

Divorce is never easy, especially when it comes to deeply personal matters like family inheritance. With the right guidance can bring clarity—and a little peace during a hard season. GET HELP HERE

Is Inheritance Considered Marital Property in Colorado?

No, inheritance is not considered marital property in Colorado. Colorado statutory section C.R.S. 14-10-113 deals with the division of marital property in a Colorado divorce. Subsection 2(a) specifically indicates that property received by gift or inheritance is not marital. In light of this, inherited property is not subject division by the court and is not considered “marital property.” Property not considered “marital” is considered “separate” in nature. While this is the general rule, statute and case law also support the notion that any increase to separate property during the marriage is marital in nature and up for grabs in your divorce.

Of course, property comes in many forms and how any increase in value is divided can depend on the nature of the property. Firstly, a court cannot make someone hand over the property they received in the initial inheritance. If someone inherits a home or other tangible asset, the court cannot make them sell that asset or give it to their spouse. In such an instance, the court could award the spouse a monetary equivalent of their share of the increase, or perhaps offset their share with other marital property.

Talk To an Experienced Colorado Divorce Lawyer About Inheritance Rights

Dividing Property in a Divorce Case

If you and your spouse divorce, generally you will not have to divide the underling basis your inheritance with your ex-spouse. Section 14-10-113 of the law states that in a proceeding for dissolution of marriage, the courts will divide marital property equitably (fair and reasonably) based on the circumstances of the case.

The law defines marital property as everything acquired during the marriage, with a few exceptions. Again, one exception is property acquired by gift or descent. If your divorce case goes to court, a judge will have the jurisdiction to divide any properties, assets and debts you and your spouse acquired during the marriage. This can include cars, real estate, businesses, jewelry and collectibles.

A judge will divide property in a way deemed fair based on the circumstances, and can consider various factors, such as each spouse’s contribution to the acquisition of the property. This does not necessarily mean a 50/50 split or that the judge will automatically look at factors other than value and if the property is marital in nature. A judge will not have the right to divide separate property, which is completely is safe from division. A party claiming a separate property interest will usually have the burden of proving the separate nature of the property acquired during the marriage. Thus, it is wise to retain all records should you receive an inheritance during your marriage.

What Happens If Inheritance Is Deposited Into a Joint Account?

Regardless of the general rule that the initial basis of an inheritance is separate property, the law may not protect you if your inheritance gets deposited into a joint account you share with your spouse. In this case, the inheritance has become commingled, meaning you have chosen to share it with your spouse and converted it into marital property. This is especially the case if you use your inheritance funds to pay for joint expenses, such as household bills.

The courts may then consider the inheritance marital property, making it subject to division in a divorce case. If you want to protect your inheritance during or after marriage by ensuring it is kept separate, do not deposit it into a joint account. Keep your inheritance in a separate account that is in your name only. This will prevent commingling and the risk of converting your inheritance to marital property. If you’ve inherited real estate title it jointly with your spouse, that property will also lose its separate nature.

The same is true for other separate property, such as premarital investments, retirement accounts or other assets you wish to keep separate. Keeping your assets in a separate account can help protect them from division during a divorce in Colorado. Commingling your separate assets with marital ones can lead to headaches and litigation. For more information about protecting your assets, consult with an attorney.

Before delving into what is, or is not, perjury, it should be noted that your divorce or child custody attorney is concerned with the outcome of your case, not trying to get your former spouse or partner charged with perjury. Nonetheless, it is important to know that criminal charges, though unlikely, could follow lies made in your family law case.

Family court is about truth—and when that trust is broken, it can impact everything that matters most. There are ways to protect what’s right and bring honesty back into the process. GET HELP HERE

Is Lying the Same as Perjury?

The state’s definition of perjury is found in Colorado Revised Statutes Criminal Code Section 18-8-502. This law states that a person commits perjury in the first degree if he or she knowingly makes a materially false statement during any official proceeding while under oath. The false statement must be something the person did not believe to be true, and the oath must be one required or authorized by law. Under state law, first-degree perjury in Colorado is a class 4 felony crime. This crime contains four main elements.

1. The testimony given was false.
2. The testimony was material (important) to the issue in the family court matter.
3. An oath or affidavit was administered in a proper proceeding.
4. The person giving the false testimony had criminal intent.

An oath can refer to a witness taking the stand during a divorce or child custody case, as well as signing an affidavit that states the person has an oath to tell the truth under penalty of perjury for written statements. Not all lies are perjurious. If someone knowingly and intentionally lies about something in a Colorado family law case while under oath, however, it is the crime of perjury in the first degree.

Consult An Experienced Colorado Family Law Attorney now

What Are the Penalties for Perjury in Colorado?

Perjury is a serious crime. If a person is found guilty of perjury for lying in a court hearing, he or she could face charges for a class 1 petty offense to a class 4 felony, depending on the circumstances. The penalties vary based on the severity of the crime.

• Class 1 petty offense: 6 months in jail and/or a fine of $500
• Second-degree perjury: 6 to 18 months in county jail and/or a fine of $500 to $5,000.
• First-degree perjury: 2 to 6 years in prison and a fine of $2,000 to $500,000.

The penalties for perjury can be life-changing. Possible defenses to a perjury charge include an honest mistake or misunderstanding, the defendant immediately taking back the lie, someone falsely accusing or setting the defendant up, or not enough evidence to prove perjury beyond a reasonable doubt.

What Should I Do If I Suspect My Ex Has Lied or Made False Statements to a Family Court?

If you believe your ex has lied or made a false statement during your Colorado family law court case, take action. Hire a family law attorney to help you prove that the statement is a lie. Your attorney can address the fallacious statement and find evidence to disprove the material testimony your ex gave under oath.

Evidence in a divorce or child custody case might include financial documents, proof of hidden assets, text messages or emails, or witness testimony that contradicts the statement your ex asserted as true. Your attorney can ask your ex to correct the lie, giving him or her a chance to avoid a perjury charge. If your ex refuses to alter his or her false statement, however, your attorney can notify the judge, who will then take the false statements into consideration.

If a perjury accusation is proven during a criminal case against your ex, he or she could face months or even years in prison, as well as hefty fines. The courts will also have the truth on record based on the evidence presented by your lawyer, allowing your divorce to continue without your ex-spouse’s harmful lies interfering.

Knowingly and intentionally lying in a Colorado family law court is a crime that could affect the outcome of a case. If you believe this crime is taking place during your divorce, work with an attorney in Denver for assistance.

The ever-changing environment caused by the COVID-19 pandemic has had a negative effect on jobs, wages, and our economy. Like elsewhere, the Colorado economy, job market, and people’s ability to pay for things has taken a huge hit. the financial downturn, some people may be left questioning what impact, if any, COVID-19 has on their financial obligations flowing from their divorce and child custody cases. Specifically, they may question if it impacts their child support obligations, their maintenance (alimony) obligations, or their obligations to pay out property settlements.

The quick, and unfortunate, answer is that there is no immediate relief from these obligations due to COVID-19. Colorado has not passed any legislation or orders that alter the law related to child support, maintenance, or property/debt divisions. Therefore, if you are under a current order to pay child support, maintenance, or related to property or debt, those orders the laws remains the same. However, if you have family law case obligations and have suffered financial setbacks such that you are not able to meet them, there may be things you can do.

Generally, if child support and maintenance payments are due and unpaid, they become final money judgments. Meaning if you have an order to pay child support and/or maintenance, and you miss a payment, the other party can take steps to enforce the non-payment as a judgment (such as garnishing wages or placing a lien on property). Unpaid support amounts also start automatically accruing interest.

This doesn’t mean that you are stuck with your maintenance and child support payments long-term. The law allowing modifications still remains in place. Specifically, you can file a request with the court to modify maintenance and/or child support as long as there has been a substantial and continuing change of circumstances. The key to the modification statute is the change of circumstance must be both substantial and continuing. Therefore if, for example, you are employed by a business that is temporarily closed due to the pandemic and, therefore, your income is temporarily suspended, you have certainly suffered a “substantial” change in circumstances. However, the change must also be “continuing.” There is no hard, fast rule as to what “continuing” means. Some industries may rebound fairly quickly. Conversely, some jobs may never return. If you have been out of work for a month or two, with no prospects to get a new job or reclaiming your prior income level, that is probably enough to meet the “continuing” threshold.

Modifications of child support are generally applied retroactively to the date a motion is filed. Thus, there is a balancing act between waiting long enough to meet the “continuing” threshold, yet not waiting too long to file your motion. Keep in mind that even if you are not in a situation in which modification is appropriate, it is unlikely, given the current economic climate, that a court would punish you if you are unable to pay. They key is availing yourself of your legal rights and making the right moves at the right time. If you are unable to pay, the obligation still stands and doesn’t go away, unless the original orders are modified. Additionally, sometimes the child support recipient may also need to seek a modification based on a reduction in their income. The same rules apply for both payer and payee.

Another consideration is whether your maintenance is even modifiable. Unlike child support, which is always modifiable as long as there is the substantial and continuing change of circumstance (defined by law as having at least a 10% change on child support), maintenance can be made non-modifiable by agreement of the parties in a divorce. If your divorce ended with the judge ordering a monthly maintenance amount your spousal support will be modifiable. However, if you and your spouse entered into a final agreement regarding maintenance, you need to take a careful look at that agreement to make sure there is no language indicating it cannot be modified. If your maintenance is non-modifiable, you will still owe the obligation, yet may not be at risk of court punishment if you can show the missed or reduced payments were due to job loss or reduction in income.

The downside of pursuing these modifications is that they are not immediate. While the court can modify child support and/or maintenance back to the day a motion is filed, it may take several months from filing to getting a court order. Hearings are usually set several months after a modification motion is filed. With court’s being closed or only dealing with emergencies due to COVID-19, it could take even longer than normal. During the waiting period you still need to use best efforts to continue making your payments.

Finally, people that are under orders to pay property equalization payments or other property settlements may question what, if any, effect COVID-19 has on their orders. Perhaps you have orders regarding payment of certain debt. Much like child support and maintenance, there are no orders or new laws suspending marital property or debt orders flowing from your divorce. Unlike maintenance and child support cases, the road to modifying property equalization payments or other property provisions is even more difficult. These types of orders can only be modified if the court finds the existence of conditions that justify the reopening of a judgment. Depending on the situation, COVID-19 may be such a circumstance. Perhaps you are unable to get your home on the market in time or pay on certain credit cards. There may be relief to be sought from the court. Each case is different and dealing with marital property and debt is not as formulaic as with support obligations.

Ultimately, if you and your former spouse or partner are experiencing financial difficulties due to COVID-19 and agree to a modification or temporary suspension of financial orders, you should reduce the agreement to writing, get it signed, and filed with the court to ensure it is binding and enforceable. If you’re not able to agree on relief it might be time to consider consulting with a Denver family law lawyer to assess your options moving forward.

If you are faced with a permanent protection order, it is not uncommon for one of the first questions you ask yourself to be, “is this restraining order truly permanent or can it ever be modified or terminated?” As a point of clarification, this blog only addresses civil protection/restraining orders. Protection orders entered as part of a criminal case, typically known as Mandatory Restraining Orders (or “MROs”), are governed by a different statute and are outside of the scope of this post. While MRO’s will often include the terms or conditions that must be met before such an order is lifted, there are no such provisions with civil restraining orders. The civil restraining order is simply entered and is captioned as a “permanent.” Regardless of the “permanent” label, the restrained party may not be faced with a perpetual order than can never be modified or lifted. Colorado statute does make provisions for modifying civil restraining orders, under certain conditions.

If you are the protected party, you may ask that the terms of the protection order be modified or that the order itself be completely dismissed at any time. If it is the restrained party seeking a modification or dismissal of the order, though, the standards are much higher. First, a restrained party cannot seek a modification of the protection order or a dismissal of the protection order for at least two years after the most recent order in the matter. In other words, once the protection order is entered, the restrained party cannot seek a modification or dismissal for at least two years. If such is requested, and it is denied, the restrained party cannot make such request again for at least another two years. The exception to this is if the restrained party has been convicted of, or pled guilty to, any misdemeanor or felony (other than any original offense that formed the basis for the protection order request). If this occurs, the restrained party loses any legal basis on which to ever request a modification or dismissal of the restraining order and, thus, it is truly permanent.

If the two year period from the last order has passed, and there were no misdemeanor or felony convictions or guilty pleas, the restrained party may request a modification or termination of the protection order. To do so, in addition to the motion filed requesting the modification or termination, the restrained party must also provide the results of a fingerprint-based criminal history record check, conducted within ninety days of the filing of the motion, which includes a review of both the state and federal criminal history records (those maintained by both the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI)).

After filing the motion for modification or termination, the party filing such must personally serve the other party with a copy of the motion and the notice of hearing regarding the motion. At the hearing, the party requesting the modification or termination has the burden to prove that the relief requested is appropriate because the protection order is no longer necessary. In deciding whether to modify or dismiss the protection order, the court is to consider several factors, including, whether the restrained party complied with the terms of the protection order and has met all conditions (if any) associated with the protection order; whether the restrained party has been ordered to participate in and has completed any treatment (like a domestic violence treatment program by an approved entity) or has voluntarily participated in such treatment; the time elapsed since the protection order was issued; when the last incident of abuse or threat of harm occurred; whether any other restraining orders or other protective orders have been subsequently issued against the restrained person; the circumstances of the parties (including distance between homes, work places, etc.); and whether the protected party’s continued safety depends upon the order remaining in place because it has been successful in preventing further harm to the protected party.

Thus, before a restrained party should file a motion to modify or terminate a protection order, it is very important to show a sufficient lapse of time between the issuance of the order and the filing, and that circumstances have clearly changes such that they can meet the criteria stated above. Ultimately, it is an uphill battle to get a protection order modified or dismissed as the restrained party because, even if you can show no protection order violations, the last factor for the court to consider can allow the court to determine that, regardless, the protection order has maintained the protected party’s safety and should remain in place. Therefore, it is very important to be able to prove, before proceeding with any motion, why the protection order is not necessary because, if you do not prevail on that motion, you have to wait at least another two years before trying again.

Court’s take protection orders seriously, and so do I. When assessing whether a motion to modify or dismiss a protection order is viable, I believe in scrutinizing the situation is warranted, as I know the court certainly will. Finally, it should be noted that each case is different and that in many instances it is going to appropriate to keep a restraining order in place. Whether you’re seeking to alter a restraining order, or have been served with a motion to dismiss one, it’s advisable to consult with a restraining order attorney.

In prior, recent blog posts, I overviewed both the impact the federal tax changes will have on maintenance (alimony) awards starting January 2019, as well as the revisions to Colorado’s maintenance and child support laws to account for the tax code changes. The purpose of this blog post is to provide concrete examples of the difference between the pre-August-2018 maintenance and child support laws and the new ones which started this month.

Since the statutory changes are going to have more of an effect on maintenance awards entered after December 31, 2018 (any maintenance awards entered before that date would remain tax deductible for the payor) this blog post will use the 2019 minimum wage amount for the first scenario. Beginning January 1, 2019, Colorado minimum wage increases to $11.10 per hour. This is most applicable for situations where a party is not working and can be imputed income (see prior blog posts to determine when this may be appropriate).

Scenario 1- Maintenance: Wife is imputed full-time at minimum wage- meaning her monthly gross income is $1,924. Husband’s gross monthly income is $5,000. If the parties were to enter into an agreement or the court enters the maintenance award on or before December 31, 2018, the guideline maintenance amount would be $845.60 owed from husband to wife (the parties’ combined monthly gross incomes equal $6,954; 40% of such is $2,781.60; subtracting out wife’s income of $1,924 leaves the $845.60 guideline amount). If the maintenance award is entered after December 31, 2018, the amount of maintenance would be $676.48 owed from husband to wife (because the parties’ incomes are $10,000 or less, if the maintenance is not taxable/tax deductible, the spouse receiving maintenance would receive 80% of the amount calculated under the guideline formula).

Scenario 1- Child Support: Continuing the numbers from scenario 1, the next question becomes, if child support is at issue in the case, how these numbers then impact the child support calculation. If the maintenance award is entered on or before December 31, 2018, the actual maintenance award will be deducted from the paying party’s income and added to the receiving party’s income to calculate child support (the child support worksheet software has a line to enter maintenance paid and maintenance received). So, in this scenario, if the parties agree to or the court orders the guideline maintenance amount, husband’s income for the purposes of calculating child support would be $4,154.40 ($5,000 minus $845.60) and wife’s income would be $2,769.60 ($1,924 plus $845.60). If the maintenance award is entered after December 31, 2018, and/or the parties modify a prior maintenance award and opt in to the new tax law, such that husband’s maintenance payments are not tax deductible, and the guideline maintenance amount is ordered, husband’s income for the purposes of calculating child support would still be $4,154.40 ($5,000 minus $676.48 multiplied by 1.25 which equals $845.60) and wife’s income for the purposes of calculating child support would still be $2,769.60 ($1,924 plus $676.48 multiplied by 1.25). This appears to be a hole in the statute as husband’s maintenance payment is lowered to account for the fact that it is not tax deductible but he still gets to deduct the entire amount under the prior formula before child support is calculated. Thus, it is almost as if there is a double-credit to husband for the loss of the tax credit. It is unclear if this is an intentional double-credit or simply oversight. Perhaps future statutory changes or clarifications will be made to account for such.

Scenario 2- Maintenance: Wife’s gross monthly income is $10,000. Husband’s gross monthly income is $5,000. If the parties were to enter into an agreement or the court enters the spousal maintenance order on or before December 31, 2018, the guideline maintenance amount would be $1,000.00 owed from wife to husband (the total combined monthly gross incomes equal $15,000; 40% of such is $6,000; subtracting out husband’s income of $5,000 leaves $1,000). If the maintenance award is entered after December 31, 2018, the guideline amount of maintenance would be $750 owed from wife to husband (because the parties’ incomes are between $10,000 and $20,000 if the maintenance is not taxable/tax deductible, the spouse receiving maintenance would receive 75% of the amount calculated under the guideline formula).

Scenario 2- Child Support: If the maintenance award is entered on or before December 31, 2018, assuming the guideline maintenance amount is awarded, wife’s income for the purposes of calculating child support would be $9,000 ($10,000 minus $1,000) and husband’s income would be $6,000 ($5,000 plus $1,000). If the maintenance award is entered after December 31, 2018, and/or the parties modify a prior maintenance award and opt in to the new tax law, such that husband’s maintenance payments are not tax deductible, and the guideline maintenance amount is ordered, wife’s income for the purposes of calculating child support would be $9,062.50 ($10,000 minus $750 multiplied by 1.25 which equals $937.50) and husband’s income for the purposes of calculating child support would be $5,937.50 ($5,000 plus $750 multiplied by 1.25). As with the first scenario, the paying party still gets a larger credit than they are actually paying; however, it is not quite as large because the paying party is only paying 75% of the maintenance guideline amount, as opposed to the 80% from scenario 1 due to the parties’ higher combined gross income.

The unfortunate reality of the tax code changes is that calculating child support and alimony will be more complex, at least until the 2018 changes become the new norm. Conversely, our Legislature has at least acted, in rapid fashion, to address them.

On May 21, 2018, the Colorado Supreme Court issued an opinion in the case of Parocha v. Parocha, 2018 CO 41. The case involved a wife who fled an abusive relationship in New Jersey, with her infant daughter, to reside in Colorado with her family. Once here in Colorado, the husband continued making harassing and threatening calls from New Jersey to the wife. The question before the Colorado Supreme Court was whether Colorado could exercise jurisdiction against an out of state party, and issue a restraining order, solely on the basis of threatening and harassing contact received by the wife in Colorado, notwithstanding the fact that husband had not been physically present in Colorado. The court ruled that the actions of husband in sending communications that were harassing and threatening to his wife in Colorado constituted acts that gave the Colorado courts authority to issue a protection order in Colorado against her Husband. As such, the Colorado Supreme Court has given victims of domestic violence an important protection not explicitly existent previously.

The more detailed factual background is as follows: wife alleged that the marriage had a lengthy and serious history of the abuse, which involved, among other things, husband sexually assaulting her, him pulling out chunks of her hair when dragging her out of bed, him threatening to punch her, threatening to take the parties’ child, breaking down a bathroom door that she had locked behind her, and him exercising extreme control over her finances. Clearly a pattern of domestic violence existed from which the wife needed protection. When wife informed husband she was leaving him, husband had agreed that wife could only leave New Jersey for a period of 3 months to live with family in Colorado. When in Colorado, husband called or Face-Timed wife multiple times per day. At the end of the 3 months, wife informed husband that she was not coming back to New Jersey, prompting husband to threaten to “make” her return. The amounts of calls and texts increased, as did the hostility in the tone of the communications by husband to wife, prompting her to seek a restraining order in the Colorado courts under section C.R.S. 13-14-101 et. seq.

Husband objected to the issuance of a restraining order not only on the substantive allegations, but also on a procedural issue alleging that Colorado did not have the authority (also known as jurisdiction) to enter orders over him, since he had not committed any act while he himself was in Colorado. Husband’s procedural objection is rooted in the due process clause of the 14th Amendment of the United States Constitution that recognizes that it is unconstitutional to seek court orders against an individual or entity in a state where that individual or entity does not have sufficient contacts within that state.

Courts generally have stated, though, that if an individual or entity has crossed a line, known as “minimum contacts” where a person or entity could reasonably expect their conduct creates significant enough consequences in a state so as to submit to the jurisdiction of that state, then it is no longer unconstitutional for that state to exercise jurisdiction over that individual or entity.

As applied to this case, and in a question never previously, specifically considered by Colorado appellate courts, can an out of state party expose themselves to a Colorado restraining order by making threatening and harassing communications to a party in Colorado?

In this case, the Colorado Supreme Court upheld the trial court’s findings that the wife’s testimony of the history of domestic violence in the relationship was more credible than husband’s, and that her fear of the husband which prompted her to leave to Colorado was genuine. With that historical context, the Court believed wife’s claims of fear that husband’s subsequent, multiple daily communications to her in Colorado were both harassing and threatening (especially the communications that husband would “make” wife return to New Jersey). Further, the Court found that these communications to wife were of the nature that husband could reasonably expect that consequences in Colorado would occur, and that Colorado courts could act to address those consequences.

In other words, the Colorado Supreme Court has now confirmed that an out of state party is capable of committing acts of domestic violence (namely communicated threats of violence and/or economic coercion, and harassment) against parties in Colorado, even if that party has never set foot in Colorado. For any victim of domestic abuse in Colorado fleeing an abusive situation that existed in another state, that victim now potentially has recourse in Colorado courts if the abusive party continues his conduct via phone or social media. For victims of domestic violence, this Colorado Supreme Court opinion represents a significant assurance that Colorado courts will be a resource for them.

As an aside, if faced with the same type of situation as Ms. Parocha, avoid telephone communication with the abuser. Let the other side create evidence for you via text messages, emails, or repeated phone call attempts (which will happen when you don’t respond to them), all of which can be admissible evidence in court. Not all courts are willing to grant protection orders on a he-said/she-said basis and being armed with as much tangible evidence of the abusive or threatening acts is a good idea when proceeding to seek a protection order.

Plog & Stein, P.C.

In my career as a family law attorney, I have seen a lot of problems between divorced spouses as they relate to costs associated with minor children’s school and/or extracurricular expenses. Many divorce orders or separation agreements contain provisions for the parties to share expenses of school and extracurricular activities. As with many things in life, however, the devil is in the details, and ambiguities in what qualifies an appropriate expense, and then how reimbursements are to occur result in conflict, mischief, and ultimately litigation. It is incumbent on parties (and to their attorneys) to button down with specificity which expenses are to be split and procedures for reimbursement to avoid problems.

The legal basis for the division of such costs derive from the child support statute, C.R.S. § 14-10-115. As articulated in the Colorado Appeals Court case of In re: Marriage of Laughlin, 932 P.2d 858 (Colo. App. 1995) “The case-by-case determination of child support with which a trial court is charged must include a consideration of factors related to a child’s standard of living and additional needs. Such factors include recreational costs. In re Marriage of LeBlanc, 800 P.2d 1384 (Colo.App.1990); § 14-10-115(1), C.R.S. (1987 Repl.Vol. 6B). In addition, this court has recognized that fees associated with athletic activities can either qualify as educational expenses under § 14-10-115(11)(I) or provide a basis under § 14-10-115(3)(a), C.R.S. (1996 Cum.Supp.) for the deviation from the presumed amount of support. See In re Marriage of Ansay, 839 P.2d 527 (Colo.App.1992). The trial court’s post-hearing orders contain sufficient findings to satisfy us that inclusion of the ice skating fees was warranted here. See In re Marriage of Nielsen, 794 P.2d 1097 (Colo.App.1990) (trial court has discretion to deviate from the guidelines where justified provided it makes appropriate findings).” Per statute, once such fees are identified as being appropriately factored into the child’s overall need, those fees are to be split in proportion to the parties’ incomes.

So, the first battle is identifying what school and extracurricular activity costs should be split. Many disputes arise when one party is desirous of their child engaging in an extracurricular activity that is expensive when the other party objects to the child’s participation of that activity because of the cost. A solution, in such an instance, is to have the party who wants the child to engage in an expensive extracurricular activity to bear that entire cost, or a disproportionate percentage of the costs.

Another point of contention is defining what falls under ambiguous phrasing like “educational expenses”. Parties should specify what that means in any agreement, for instance textbooks, uniforms, school lunches, registration fees can all usually be agreed upon as qualifying under this category, but not such things as clothing, home-prepared lunches, and school supplies. To avoid arguments, and potentially litigation, breaking down into specifics which fees are to be split should be set out in any agreement.

Even when certain fees are agreed to be split, and there is no dispute as to what those fees are, the procedure for reimbursement can be a huge headache. A common scenario I’ve experienced is one in which one party advances certain fees, but does not provide receipts or amounts until after the sum of fees advanced by that party builds up substantially. Then when the party seeking reimbursement finally gets around to submitting the “bill” to the other parent, the other parent can be caught unprepared, and might have otherwise objected to the continuation of an expense because of the cost (“I never would have agreed to that had I know how much it cost”).

This is why a specific procedure for expense reimbursement is always a good idea to have in any child support order. A typical agreement requires a party advancing a fee or expense to provide a receipt or proof of payment to the other party within 30 days of that fee being advanced, and that the other party has 30 days to pay his or her share of that advanced fee back to the other party. If the party who advances a fee fails to abide by the time limits, they lose the right to reimbursement. If the other party fails to reimburse, an agreement that the reimbursing party bear the ultimate costs and attorney fees for collection of these fees can be built in.

Working out these types of specifics can be a hassle when negotiating the terms of a divorce, especially when parties are eager to put the divorce behind them. However, this type or work can save a lot of headaches and money later on. If you have questions related to educational and extracurricular expenses in your divorce, contact a family law attorney to gain the knowledge and information you need to best help you make good planning decisions.

After getting married it is not uncommon for people to change the beneficiaries on their various accounts (life insurance, stocks, retirement accounts, etc.) to their new spouse. In the event of a divorce, most types of accounts allow the beneficiary to be changed (be cognizant of the automatic temporary injunction that goes into place when a divorce is filed that prohibits changing the beneficiaries of certain accounts without agreement or court order until the case is completed). However, one exception to this ability to always change the beneficiary, is a pension account. Most pension beneficiary rules have a time frame after which the beneficiary cannot be changed. For example, sometimes, when the person retires, that triggers the event such that their beneficiary designation becomes irrevocable. So the question may arise, if a divorce is filed after the beneficiary designation becomes irrevocable, does the fact that you are a beneficiary of your spouse’s pension plan, or vice versa, mean that you have a marital property interest in their pension?

Unfortunately, like many legal questions, there is not necessarily an exact answer. There is an argument that could be made that the beneficiary has a marital property interest; however, there are also many ways to counter the potential argument. The main argument is what, if any, value the beneficiary interest actually has. The interest itself is subject to divestment, which is a fancy legal way to say, may end up having no value to the beneficiary. For example, if the beneficiary predeceases the pension-holder, or if the pension-holder lives beyond an expected age, the beneficiary may end up getting no benefit. Therefore, it is a very speculative issue. If the divorce case goes to a hearing, one option would be to argue to the court that the beneficiary interest is too speculative to have any actual value and, therefore, the beneficiary’s portion of the marital estate should not be reduced simply due to some uncertain, future interest that may not even result in any actual money being received by the beneficiary. The beneficiary could also argue that the pension holder made a gift to them by naming them the beneficiary and, thus, it is their separate property interest and should not be considered when dividing marital property and debt.

The main argument that can be made against a person trying to claim the beneficiary interest should be credited to the beneficiary as marital property is as follows: in order to designate a beneficiary, the pension holder typically takes a lower monthly payout than they would typically receive. If that pension-holder is requesting maintenance (spousal support) from the beneficiary, the amount they are requesting in maintenance would be lower if there was not a beneficiary interest because their income for the maintenance calculation (their pension income) would be higher. Therefore, the beneficiary of the pension may end up paying more in maintenance during the pension holder’s life and, therefore, being the beneficiary to the pension simply balances out this higher payment.

Another issue that arises is the fact that, if this argument is being made, you would likely need an expert to determine the present value of such property interest. A CPA could examine the pension, benefit, life expectancies, etc. and put a value on the beneficiary interest. However, as mentioned, due to the uncertain nature of the beneficiary interest, even that number is not a guarantee. In other words, you could pay an expert a few thousand dollars to put a value on an interest that is still speculative. The question, at that point, must be asked if it is even worth the expert’s cost or if there is another way to deal with the interest. For example, the pension beneficiary could propose making the pension holder a beneficiary of their pension or retirement to try to off-set beneficiary interests and avoid an expert valuation or court battle over the issue.

Ultimately, it is very important to consider all potential ramifications when naming beneficiaries to various accounts, especially pension accounts, as it could have long-lasting effects, even after a divorce.

During the end of a marriage, there can often be a significant amount of fighting. It’s hoped that these verbal arguments couples might engage in can be kept from the children. As a marriage ends through the process of divorce, children often comment that it is better that they not be caught in the middle of the fighting. This is a goal I recommend all clients strive for and something the court will certainly expect tied into one facet of the C.R.S. 14-10-124 “best interest of the child” standard: the ability of the parents to put the needs of the child over their own. However, what happens when the conflict continues and what can you do to make sure that this continued hostility does not impact your parenting relationship or the emotional health of your children?

Now, in my experience most couples are able to put the conflict aside in order to focus on what is in the best interests of the children, at least in front of the kids. Generally, it’s the high conflict couples that struggle with this on a day to day basis. The struggles can range from the more serious incidents of physically assaulting the other parent in front of the minor child(ren) or verbally assaulting the other parent with name calling and obscenities. Obviously, these types of altercations can have a major impact on the minor child’s wellbeing. When something of this nature takes place, it is important to speak with your Denver child custody attorney right away to assess whether the court should become involved. It may be necessary to file a restriction of parenting time for the parent who perpetrated the damaging behavior.

However, the more subtle interactions can also have an impact. Simply speaking negatively about the other parent not to, but around the minor child(ren), complaining about money to the child(ren) in the context of the other parent not paying enough, or overly involving the children in adult matters can have serious repercussions. Those parents in high conflict cases often cannot see that their actions are damaging to their children. Those parents can be so caught up in proving a point or winning their case that they cannot see their actions are harmful. Less frequently, a parent may believe it important to share such information with the children, believing it to be necessary. From an attorney’s perspective, it is often said that a parent is cutting off their nose to spite their face. As a parent going through a divorce action, it’s important to take a step back and evaluate your actions and the potential impact they could have on your child(ren) with each interaction with or regarding the other parent.

One way to take the step of evaluating your own actions and behaviors when it comes to the children is to engage in therapy. The most common step is to engage in individual therapy, which can be incredibly helpful in terms of providing you the necessary tools for both coping and behaving appropriately. However, it can also be helpful to engage in sessions of family therapy. This does not necessarily need to include the children, though depending on their ages, it could be helpful in terms of them having a neutral and safe place to speak their minds as to the behavior of their parents. A qualified family therapist can help the parents see where their actions and behaviors could be having a negative impact on their relationships with their children and their ability to effectively co-parent these child(ren). In many cases, parents don’t take this step until after their initial divorce proceeding is final. By that point, the damage could already be done. Pursuing counseling at the first sign of real parental conflict starting may be the advisable way to go. As anyone who goes through a divorce with children is aware, there is a required parenting class. It is a level one class that is often reported in varying lights. If the conflict continues, a level two parenting course will most certainly be ordered by the court. A level two class varies in intensity from the basic, one time class, will be more thorough, and may even take as long as ten week. While spending the money to pursue a ten week course may seem unnecessary, the time and money commitment may well be necessary to help avoid a conflict trap which could impact not only your child’s life at that time, but their ability to have healthy adult relationships in the future. It is possible to proceed with a divorce in a healthy manner, but falling into and remaining in a conflict trap will not only burden your child’s life, but may also impede your own as well.

Over the last several years, Denver real estate prices have increased rapidly and significantly. In many Denver divorce cases, the largest asset needing to be divided is the marital home. If the parties have resided in the marital home throughout the course of the marriage, keeping current on payments, and in this market where house prices have been rising, oftentimes a divorcing couple will have built up significant equity in the home (Equity = Sale Price minus Existing Mortgage owed). This valuable asset is something that will need to fairly divided between the parties as part of any divorce resolution.

The most accurate and assuredly fair way to divide the home equity is to sell the marital home. What better way to determine how much home equity there is to divide than to go through the process and see how much is left over after sale and closing? Even if the parties determine to sell the house, some issues can still arise if the sale is done during the divorce. For instance, if the house in need of repair to get the home ready for sale, the parties need to figure out how to pay for these repairs and agree on a contractor. Some parties insist on doing the repairs or improvements themselves, which is an endeavor that can lead to tension and conflict in marriages that don’t even involve divorce.

The choice of an agreed upon realtor is another potential point of contention if there is going to be a house sale, especially if the parties have different ideas on how much to list as the sales price of the home. Generally, a good trusted realtor can be a very valuable resource in working through the issues of selling a house during a divorce. If the parties trust the realtor on determination of necessary repairs (versus ones that won’t add much to the sale price), listing price, timing of sale, etc., a huge source of conflict and anxiety in a divorce case is made as workable as possible. Given that realtors don’t necessarily decide the sales price and the penchant for people going through a divorce to disagree, sometimes it may make sense to actually lay out rules in your divorce agreement regarding how sales price will be determined, acceptance of offers, and reductions in price should the home not be selling.

But what if one party wants to stay in the home after the divorce? Many times, especially in cases involving children, one or both parties might believe that it might be easier for the kids’ “home base” to stay in tact during the family upheaval of a divorce. Regardless of the reason, though, if one party wants to keep the home, that party will have to essentially buy out the other party’s share of the equity (in a typical divorce case, home equity is divided equally between the parties, but individual circumstances may make a disproportionate split of the equity or other assets more appropriate).

In order for one party to buy out the other party’s equity in the marital home, a value will have to be determined. The party remaining in the marital home will most likely have to refinance to pull out equity to pay the other party their share. If staying in the house is desired by one party, that party should speak with a potential lender to see if such a refinancing is even feasible. The party desiring to stay in the house has some disadvantages that a married couple does not have, including only one income instead of two, and a higher mortgage because of buying out the other spouse.

If it appears that a refinance is feasible, and the other spouse is open to being bought out in a refinance, the parties may be able to get the process in motion such that the appraisal that accompanies the refinance can determine the value of the house for determining the equity. However, in many cases, a lender may need to see how one spouse’s financial situation stabilizes after a divorce (this is especially so in a case where the spouse desiring to remain in the house is awarded spousal maintenance) before approving a refinance. The parties would then need to do their own house appraisal as part of the divorce to determine the home value. This usually costs the parties approximately $500. The parties could alternately agree to do a comparative analysis to determine the value of a house (an analysis many realtors will do cheaply or even free as a sales’ tactic). In some cases, the parties do not agree on value and there could be multiple, dueling appraisals for the court to consider when determining a value.

Finally, for the party who agrees to be bought out, but where the ability of the other party to refinance is not set in stone, it is incumbent on that party to set a deadline for a refinance to be set in motion shortly after the divorce, so that if the refinance does not pan out, the house is then ordered to be sold. No party should be left in a spot where a significant asset and credit (by remaining on a mortgage indefinitely with an ex-spouse) is tied up for many months after a decree for divorce has entered. Having provisions in your divorce orders regarding time to accomplish refinance, time to sell, and what happens if the mortgage payments are not timely made can go a long way in preventing conflict or confusion in the future.

If you are going through a divorce and have a home which needs to be dealt with, it just makes sense to consult with a family law attorney in Denver prior to making any decisions.

When in the middle of a divorce or custody case one aspect that often gets less consideration than some of the immediate issues/concerns is how to handle the children’s post-secondary/college expenses. Child support in Colorado ends at the age of 19 unless the child emancipates before the age of 19 (becomes legally emancipated, marries, or if the child enters active military duty). Due to the nature of divorce and custody cases, often parties are focused on the here and now, instead of the future.

Under Colorado law, for any child support orders after July 1, 1997, unless the child is determined to be mentally or physically disabled, or unless the child is still in high school (but not beyond the age of twenty-one), a court does not have the authority to order any child support payments or other payments for the benefit of the child beyond the age of 19. This includes the court lacking authority, under child support and divorce statutes, to forcibly order either parent to pay for college (whether the child is under 19 or not). However, parents are always free to agree to provide for the children’s post-secondary (college) expenses and can do so via written agreement, filed with the court. That agreement will be every bit as legally binding and enforceable as any other court orders.

Many parents want to assist their children with post-secondary expenses if they can and, often, parents want to make sure the other parent bears a similar responsibility. However, it is important to be cautious about what language is used in an agreement to provide for college expenses. For example, it is not uncommon for a parenting plan to include a provision that the parents will equally divide college costs for the child. Without any limiting factors, though, such a provision could bind a parent beyond their means. What if the child wants to go to an out of state, private college that costs $20,000+ per year? That provision would still bind the parent to pay 50% of such expense. What if the child changes his or her major several times and takes 6 years to graduate? That provision would require both parents to pay 50% of the cost for all 6 years. What, exactly, does “college costs” include? One parent could argue it includes the child’s rent, living expenses, etc. and try to bind the other parent to provide 50% of those costs as well. Lastly, and important to consider if you are entering into this agreement when the child is just a few years old, there is no way to know the cost of any college by the time the child will attend.

Many people might think it was obvious that they didn’t agree to pay for an out of state college, or all the child’s living expenses, or beyond a traditional four year education. However, the court is bound to enforce the black-and-white letter of the agreement and, without clarifying statements in the agreement, a person could be on the hook for expenses that they weren’t anticipating. A person might also think that, if that happens, they can always change the order. But without the other parent’s agreement you would have to ask the court to change it, which requires proving a substantial and continuing change of circumstance such that the terms are unfair. If incomes have remained the same (or, even worse, increased) and there is no evidence in the agreement itself that there was a cap on costs, the parents will provide, the divorce court may not be inclined to change the terms of the college expense provision.

Therefore, it’s very important to be cautious when including college expense provisions in an agreement, as you may be stuck with them until your children complete their post-secondary educations. I rarely advise my clients to include post-secondary provisions in an agreement. My rationale is why should you bind yourself to pay for a future expense that even the court cannot make you pay without your express agreement. However, if you feel strongly about making sure your parenting plan provides for your children’s post-secondary expenses, there are a few ways to include such a provision while also protecting yourself. One such way is to establish college funds for the children, set forth how much each parent will contribute to each college fund, and then set forth how that fund will be allocated when the child is ready for college (or what will happen if the child chooses to not go to college). Another way would be to put a cap on how much each parent will directly contribute to the child’s post-secondary expense. A third way would be to just put clarifying language in the agreement regarding what type of post-secondary education it covers, a cost limit, a time limit, specific expenses to be covered (just tuition or rent, books, supplies, insurance, etc.)? By considering these issues before entering into a parenting plan, you can ensure you are not unreasonably binding yourself, and your wallet, for the future. Entering into an agreement in your divorce can be an effective tool for trying to ensure the other parent might contribute. Just remember that you are binding yourself, too.

In the past, you may have heard stories about people fighting over the pots and pans as part of their divorce case. When stories like this are told, it is usually done to emphasize how acrimonious a divorce case might have been. However, we, as divorce attorneys, have literally seen people fight over pots and pans and have even written about such, some years back, in a prior divorce blog post regarding battles of tangible, marital property. Though attorneys will generally indicate to clients that most courts do not want to get involved with dividing up dishes, furnishings, pictures, appliances, and other household items, in some cases there may actually be items of tangible, personal property of value which need to be factored into the marital estate and divided. The impetus for deviating from the norm of just physically splitting the household goods between the parties is going to be value. Couches, televisions, and the like are just like cars. They are generally going to be depreciating assets which, though important from a use standpoint, have no significant monetary value. However, items such as artwork, guns, collectibles, jewelry, coins, etc. might.

Dividing personal items during a divorce can be emotionally challenging. It’s essential to assess whether the cost of valuation aligns with the item’s worth, balancing emotional significance with financial practicality. GET HELP HERE

In instances in which there are significant, distinct property items, or even just one item, which either spouse believes to be of worth, the situation might call for obtaining a formal appraisal, much as one might do with a house or other piece of real estate. The challenge people might face is finding an appraiser or “expert” to do the valuation. Keep in mind that whether for settlement or court trial purposes, a value needs to be determined and just going into court and saying, “I think this necklace is worth ‘$’” would be a risky, if not a silly approach. Additionally, when looking for someone to appraise personal, tangible property, your divorce lawyer is going to be looking for someone with the credentials or experience to be worthy of potentially coming to court to testify as an “expert” within the meaning of Colorado Rules of Evidence. Courts want to know that the person coming in to speak about a specific piece or classification of marital property knows what they are talking about. Of course, valuations of personal property, including reports and testimony, cost money. Thus, the initial determination, which may take some guess work on the part of both attorney and client, is whether, from a cost/benefit analysis standpoint, it’s really worth it to even raise the issue, engage the expert, etc.

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Some recent examples we have seen are disagreements over tools and guns. In the case of tools, one spouse in a divorce case believed the other had amassed thousands and thousands of dollars of tools over the course of roughly 20 years of marriage. Reviewing photos taken, there was a significant array of manual, electrical, and automotive tools such that one might be able to fill a well stocked, amateur mechanic’s shop. Looking over the impressive array, as the attorney, I had no doubt that the items were purchased for thousands of dollars, However, I knew full well that they were not going to be worth the same amount today, after time and years of usage. After having advised the client that we were going into uncharted waters, we got online and sought out a tool expert. Finding such an expert was not easy. Though you might be able to find people who deal with bulk collections of property, such as an estate appraiser, good luck finding someone who is so specialized that they can value saws, engine pullers, or a lot of 200 screwdrivers. All searches ultimately led back to one person, who seemed to be the only “certified expert” on the subject in Colorado. Speaking with this individual, it became clear that we were going to have logistical trouble getting a valuation done in a time frame such that we could use it for court. Of more concern was the fact that the cost was going to be roughly $200 per hour, thus a good chunk of change. This might have been money well spent if we had a reasonable indication that the tools were worth $5000, $10,000, or more. Knowing the hours to be spent reviewing, cataloging, and potentially testifying for what could turn out to be just a fishing expedition, we elected to forego hiring this expert and were ultimately able to just agree upon a figure of a few thousand dollars with the other side.

In a more recent incident, the issue of guns and a gun collection arose. Again, over the course of a multi-decade marriage, one spouse had accumulated 20 to 30 firearms. Certainly they were going to be worth something, but what? The volume was enough such that both attorney and client believed it would be worthwhile to get an appraisal done. The first step was to locate a gun appraiser. Oddly, it was difficult to find someone who was a “certified” gun appraiser or even an organization certifying gun appraisers. Ultimately, we determined that most gun shop owners or gun dealers are willing and able to value various firearms and that some even has experience doing formal valuations and coming to court to testify. Though the testifying experience may have been limited, it looks good when trying to get an expert for court. Despite the typical rumblings from the other side about how doing an appraisal of the guns was a waste of time, and even having to file a motion to gain cooperation and access to the guns, we stayed the course. In this case, it was determined that the guns were martial assets worth roughly tens of thousands of dollars. Thus, roughly $1,000 was spent valuing the guns to ferret out a cognizable figure of what might be as high as $30,000. That potential $30,000 translates to a decent some of marital money and makes the $1,000 money well spent.

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Each divorce case is different and the marital property to be divided is going to be different, too. Though courts and attorneys will generally discourage you from fighting over the pots and pans, if you believe there are significant personal property items or collections worth mentioning, speak up. Your divorce attorney in Denver will assist in helping you make decisions as to whether it’s worth it to pursue the issue and will help seek out the property expert necessary to prove your concerns as to the property.

When emergencies, such as when the emotional and/or physical safety of the children is at risk, people generally turn to the court, asking for immediate protections, the primary one of which is supervised parenting time. There are many options when it comes to supervised parenting time and, in many cases, the best and only option will be using a facility. Traditionally, courts will first look to supervised visitation being done at a parenting time supervision facility. There are positives and negatives to using such a facility. Supervisors in these facilities are neutral individuals who take notes of what transpires at the visitation sessions, from the initial interactions to the moment where the non-supervised parent comes to pick up the minor child(dren). This can be beneficial in circumstances when allegations are being made of inappropriate statements to the children or allegations that the children are hesitant to be in the presence of the supervised parent. This neutral supervisor can be on the look-out and address any of those concerns. The supervisor can provide written reports for evidentiary purposes and can testify if necessary. Supervision centers generally charge an hourly rate, sometimes on a sliding scale.

In the alternative, supervision can also be provided through means of using a neutral family member or friend. This must be my mutual agreement of the parties involved or might be ordered by the judge in your child custody case. Just as with a facility, there are positives and negatives to using a family member or friend. If you are the parent who is being supervised, having a friend or a family member supervise often does not have the same impact when it comes to testimony about the visits that using a neutral supervisor does. However, using a family member or friend involved can be easier on the children, as it can be a more comforting experience. Some common complaints regarding professional facilities are that they are too sterile and do not create a natural environment for parenting time to occur in. Additionally, friends or family members are generally going to supervise free of charge. Furthermore, there may be room for expanded visitation periods and, potentially even overnight parenting time.

A question does as to whether there is a happy medium between the professional supervision setting and the friend or family member scenario, which can come with great flexibility. The good news is that yes, there is. The bad news is that it can be costly. Hiring a private supervisor who can accompany you and your children in and around the community has its benefits. For example, the supervisor may transport the children to meet you or the other parent at the park, a restaurant, or even a location such as the zoo or a museum. The options for more natural parenting time are somewhat unlimited, except by time constraints. Arrangements for visitation will need to be cleared with both parents and the supervisor ahead of time. You or the supervised parent will be responsible for not only setting up these arrangements but for financing them as well. What this means is that on top of the hourly rate for the supervisor, including travel, you or the supervised parent would be responsible for any admission fees for the location chosen. It should be noted that in most instances, whether using a private facility or privately hired supervisor, courts will generally order the supervised parent to pay for supervision. Thus, the choice as to private supervisor or facility will often be left up to them. Most private, professional supervisors are going to charge an hourly rate that may be somewhat higher than a center. Though providing greater flexibility than a center, the private, professional supervisor is not going to do overnights.

Another option for supervised parenting time, and one that may be more useful based on the circumstances, is using a therapeutic setting. Some individual therapists and many of those who are well known in the family law community offer therapeutic visitation. Those sessions can be important for both the well-being of the child(ren) and the growth or rebuilding of a healthy relationship between the child(ren) and the supervised parent. The therapist can provide a safe space for the child(ren) to express any concerns they may have as to spending time with the parent and allow that parent to properly address those concerns. This may be beneficial when the child(ren) of the case are older and more able to articulate their concerns as part of the process. Depending on their willingness, the therapist may also have the ability to submit a report or treatment summary to the court. The therapist may also be able to testify in court as to the progress of therapy. This can be vital for the courts to see how the process is working and whether taking the next step in parenting can be taken or whether restrictions need to continue.

If you are facing a situation in which child safety and supervision are at issue, it’s important to consult with a Denver child custody lawyer to get a better understanding of your rights and options.

After a divorce decree is entered, there may still be steps that need to be taken to wrap up property division issues (for example completion of forms and orders to divide a retirement account and/or steps to divide the ownership and responsibility for real estate). When a home was jointly titled and jointly mortgaged during the marriage, and one person is keeping the property following the divorce, there are steps to take to finalize the sole ownership of that property item. One such step is changing over the title, which is as straightforward as signing a quitclaim deed and recording it with the clerk and recorder’s office for the county in which the property is located. The more complex step is getting the person that did not retain ownership off of the mortgage. This step is necessary for the protection of both parties. For the party retaining the property, it ensures they have complete ownership of the property, as well as complete responsibility for all liabilities, and can be solely responsible for future decisions for the property. For the person not retaining the property, it is critical to ensure you are removed from the mortgage. If the other person does not pay the mortgage, and you are still on the mortgage, the bank can come after you for recovery of the debt, regardless of what your divorce orders say. Therefore, if the other person will not be able to remove you from the mortgage for the property, it may be important to consider alternative methods of dividing the property, prior to finalizing the divorce, to ensure you are protected from creditors.

It is not uncommon for the individual that is the primary parent of the children to want to retain the house as their property, to ensure consistency for the children. However, depending on the person’s income, they may not qualify to refinance the mortgage into their sole name, which may cause issues for the other parent in terms of protection for credit, ability to qualify to purchase another home, etc. Therefore, before finalizing a divorce case, it is important to consider all aspects of the property division, including whether the party receiving any real estate as their sole property will be able to refinance any mortgages into their sole name.

One aspect that can be considered in determining a person’s qualifications or ability to refinance is whether there maintenance (alimony) orders in the case. Alimony payments may be considered as “income” for mortgage qualification purposes. However, alimony payments will only be considered for a refinance if they are court ordered payments, have been received consistently for six months, and will be received for at least three years. These time frames are important because steps you take while your divorce case is pending could actually affect whether a person is able to refinance the home. For example compare the following scenarios:

Scenario A: The parties file for divorce in July. They spend the next six months discussing issues related to custody, finances, property division, etc. During that time, they decide continuing to use the joint bank account is working well and there is no need for temporary orders. Therefore, there are no orders for spousal maintenance, and the parties continue to just put their paychecks in the joint account and use it as needed for expenses. They finalize a separation agreement in December stating that wife will receive the marital home, husband will begin paying her maintenance in January, and she will need to refinance the mortgage into her sole name within 90 days or list the house for sale. In this scenario, unless wife qualifies to refinance based on her sole income, she will end up needing to list the house for sale because there were not six months of consistent, court ordered maintenance payments before the refinance process for the lender to consider.

Scenario B: The parties file for divorce in July. They receive temporary orders in September, part of which requires husband to pay wife maintenance each month until final orders. Husband pays maintenance each month as ordered. The parties finalize a separation agreement in December stating that wife will receive the marital home, husband will continue with maintenance payments, and wife will need to refinance the mortgage into her sole name within 90 days or list the house for sale. In this scenario, wife will have received regular, court ordered maintenance payments for at least six months before the refinancing deadline, which the lender can consider in determining whether she is qualified (assuming the payments were to last for at least 3 years).

Therefore, depending on your ultimate goals in your divorce case, getting a temporary order for maintenance may help you meet such goals. Even if you are the party that would end up paying maintenance, having such temporary orders would help you for tax purposes (see the recent blog post regarding the effects the recent tax changes have had on maintenance payments) and, if you are agreeable to the other party receiving the house as long as they can get your name off the mortgage, having regular, consistent, court ordered maintenance payments before the decree is entered could actually help you meet that goal. Consulting with an experienced Denver divorce attorney prior to making decisions regarding spousal support and the marital home can help give you the clarity you need as you move on to the next chapter of your life.