In the first part of this article, I ventured into the significance of a full blown court hearing, as opposed to a status conference. I also started discussing the beginnings of that contested Arapahoe County divorce or custody hearing. To refresh, my usage of the term “full blown” hearing equates to a contested, evidentiary hearing,…
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If the parties to a divorce have one or more minor children, Colorado law generally requires their divorce decree or orders to include provisions for the payment of child support. If they cannot agree on child support terms, a judge must decide based on a series of factors set forth in the Colorado Revised Statutes.…
Continue reading ›It’s been a few years since I have addressed the issue of child endangerment and custody cases. With some minimal changes to statute, and a rash of cases we have seen thus far in 2015, it seems like an appropriate time to revisit the topic. Most cases involving Colorado child custody proceed in normal fashion,…
Continue reading ›Representing clients during a divorce case is only part of our Denver family law practice. If a couple has children who are under the age of 18, our clients’ responsibilities continue long after the judge grants the divorce, and we are there to help. (Please note that Colorado courts no longer use the word “custody,”…
Continue reading ›Part 1 of this article focused on gaps in Colorado statute related to child support. Though the law is comprehensive, it’s not perfect. Colorado family law and custody practitioners repeatedly experience situations in cases, whether divorce, custody, or otherwise, in which they say to themselves, “statute should clearly state….,” or “this gray area would be…
Continue reading ›As experienced family law attorneys in the Denver area, we have seen a multitude of situations over the years in divorce, custody and child support cases. Having represented more clients than easily countable, we have observed certain scenarios arise, now and then, for which there is no specific statutory remedy or answer. In other words,…
Continue reading ›In a Colorado divorce, when the court divides property, it must determine whether an asset is marital (subject to division) or separate (not subject to division). Generally, marital property doesn’t include property that spouses obtained before marrying or that they have agreed will remain separate. If a spouse places separate property into joint ownership with…
Continue reading ›Child support in Colorado is calculated according to the Colorado Child Support Guideline found at C.R.S. 14-10-115, revised in January 2014. In Denver and the surrounding areas, divorced parents must meet their child support obligations until the child is emancipated. This happens when the child graduates from high school, turns 19, joins the military, marries,…
Continue reading ›A motion to modify child support did not go the way a father and ex-husband probably hoped. The father sought to reduce his monthly child support obligation, but the trial court raised it instead. The Colorado Court of Appeals denied the father’s appeal, holding in part that alleged misconduct by the wife did not entitle…
Continue reading ›Pursuant to C.R.S. 14-10-115, the statutory section regarding establishment of Colorado child support, the primary financial factor leading to a calculation of support is a litigant’s incomes. As discussed in prior postings, there are basic figures, such as income, number of children, and number of overnight visits per year the payor has with the children,…
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