Strategically helping Colorado clients through divorce & custody cases
Published on:

By: Stephen J. Plog

Family law attorneys deal with a wide array of issues, both financial and child related. One of the three main areas of family law, often subsumed into a divorce or custody case, is child support. In Colorado, establishment of child support is governed by Colorado Revised Statutes (C.R.S.) 14-10-115 and modifications of child support are done pursuant to C.R.S. 14-10-122.
Continue reading

Published on:

By: Stephen J. Plog

We’ve all seen movies or TV shows in which “the new kid” comes to school, having moved from somewhere far away. He might be the child of a military officer or she might have that country twang in her accent as she navigates her way through the new school in the big city. In the end, of course, the child ends up making friends and amity rules the day. What we often don’t see in these cinematic, fictional works is the back story on how the new kid came to town, from a legal standpoint. Were her parents divorced? Was there a custody battle? Which state will have jurisdiction to deal with new visitation or custody issues?
Continue reading

Published on:

By: Stephen Plog

In any Denver area divorce case, there are many issues which need to be resolved, whether through settlement or ultimately a contested hearing in front of a judge. Those issues will generally either be related to finances or child custody. Two of the core issues that can arise in any case, depending on the facts and circumstances, are division of property and alimony, properly called “maintenance” under Colorado statute.
Continue reading

Published on:

By: Stephen Plog

A couple of weeks ago, while browsing the news on the internet I happened upon a story regarding a Michigan custody case which left me speechless. My jaw dropped, I spilled my coffee, and instantly started pondering the ramifications the story would have if this kind of judicial nonsense existed in Colorado family law cases. Fortunately it does not. The specific news story related to a case in which a judge decided to put three Michigan children in a youth detention center (jail) for refusing to spend time with their father as per court orders. In all my years’ experience I have never seen this type of action taken in Colorado regarding visitation (parenting time).
Continue reading

Published on:

If you are considering a divorce, things could happen in one of two ways. If possible, it is usually preferable if you and your spouse can come to agreements on things like property division and child care arrangements outside of court with the assistance of a mediator or an attorney. In the event that you absolutely cannot reach an agreement, however, you may have to present your case before a judge in court.
Continue reading

Published on:

Attorneys know the importance of financial disclosures in any divorce case. Colorado Rules of Civil Procedure rule 16.2 sets forth the procedural aspects, or rules, a court expects parties, with or without attorneys, to follow related to case management. This includes rules regarding disclosure of documents and information related to the financial issues of a divorce case, which can include property division, debt division, maintenance (alimony), and child support.
Continue reading

Published on:

Going to see a lawyer is like going to the doctor. None of us want to do it. Just like we don’t ask to be sick, we don’t ask to have legal problems. In reality, we will all need the assistance of a doctor at some point over the course of our lives. Likewise, may of us will need the services of an attorney at some point in our lives. For a large portion of the population that need will arise within the setting of a divorce or custody case. Just like going to the doctor, no one relishes the notion of paying an attorney to help fix their legal problems. Contrary to common belief, there is no statute indicating that the “loser pays.” However, fortunately there are some instances in which statute provides litigants an opportunity to recoup attorney fees in a Denver divorce, custody, or child support case, depending on the facts and circumstances.
Continue reading

Published on:

In the first two parts of this article, I focused on the significance of a contested Denver area divorce or custody hearing and the first procedure steps in terms of sequence and timing. In those posts, I discussed opening arguments, testimony, and what can be expected at each of those phases. This final segment will address the wrapping up of testimony, into closing arguments, and the potential for the court to rule from the bench. As indicated at the end of part two, I will also briefly address the rules of evidence as relates to testimony.
Continue reading

Published on:

In Colorado, both parents must contribute to child support, though the amount paid and who pays it is based on the parents’ income and time spent with the child. The parent that cares for the children less than 50% of the time usually must pay child support to the other parent for the benefit of the children. Unfortunately, there are many cases when a parent ordered to pay child support fails to comply, leaving the burden of enforcing the child support order to the other parent. This can lead to bitterness and hostility between parents who may have other issues between them as well. Like other court orders, child support orders can be enforced.
Continue reading

Published on:

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, in which witnesses, including the parties, will be called to give testimony. Documentary or other evidence may also be submitted to the court for consideration. At the end of such a hearing, the judge or magistrate will render a decision. The conclusion of Part 1 of this post touched on opening arguments, followed by brief discussion of testimony and who goes first. To correct, or clarify, a prior statement, in a pre-decree divorce, custody, or child support case, the “petitioner” goes first. In post-decree hearings, such as might relate to a motion to modify child custody, the “movant, meaning the party who filed the underlying motion, gets to go first, regardless of whether they are designated as the “petitioner.
Continue reading