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

hello-my-name-is-1244204-300x214By: Janette Jordan

There are two types of name changes that occur in a family law case: the restoration of the Wife’s name to her maiden name or other previous name and the changing of the name of a minor child in a divorce or custody case.

In a divorce case, if you are the party seeking to have your maiden or other name restored you should indicate such in either the divorce petition or the response, depending on your status in the case. That being said, you do not have to make the decision right away, but it helps to indicate from the beginning that this is something you are considering.  So long as you raise the issue with the court prior to the decree of dissolution entering you can change your name as part of the proceedings.  It should be noted that the other side has no say or control in terms of your requested name change.  Fortunately, statute (C.R.S. 14-10-120.2) also authorizes the filing of a request to restore a maiden name after the decree enters, should someone change their mind later on. Continue reading

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racing-2-1514432-300x226By: W. Curtis Wiberg

In a divorce case, a higher income earning spouse may be “on the hook”  to pay maintenance (alimony) and child support. There are divorces, however, in which this higher income earning spouse is in his or her sixties and nearing retirement age. Some dads have children when they are in their fifties, or later. In other cases, a divorcing couple, after a longer term marriage, splits up after their children are adults, thereby leaving spousal maintenance as the sole support issue to be determined.  The question arises in these cases as to whether that higher income earning spouse is going to be able to retire when reaching retirement age or whether the law requires that spouse to keep the income rolling in regardless of that his or her age.  Prior to changes in statute, there was already case law supporting the notion that there was a valid correlation between retirement and modifying support obligations. Statute now codifies such notions.

The Colorado Legislature has addressed this issue in C.R.S. 14-10-122, which states:

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unique-1-1209075By: Michelle L. Searcy

In Colorado, everything acquired by either party during a marriage is presumed to be marital property regardless of title or possession, with a few limited exceptions.  Section 14-10-113(2), C.R.S. lists those exceptions as:

 

 

 

  1. Property acquired by gift, bequest, devise or descent;
  2. Property acquired in exchange for property acquired in exchange for property acquired by gift, bequest, devise or descent;
  3. Property acquired by a spouse after a decree of legal separation; and 
  4. Property excluded by valid agreement of the parties.

Therefore, if your Great Aunt died and left you her car, it is your separate property.  If you trade that car in for another car of equal or lesser value, the replacement car is separate property.  A legal separation likewise protects your interest in property you obtained after the decree of separation is entered.  The final exception requires that the parties voluntarily entered into a marital agreement (post-nuptial agreement) that complies with all of the requirements of section 14-2-309 that was made at a time when the parties intended to remain married.  Regardless of exceptions, your actions can potentially lead to your separate property in a divorce being considered marital.  Continue reading

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blank-survey-template-1-1236429-300x200By: Stephen J. Plog

In many Colorado divorce and child custody cases, it’s not uncommon to see situations in which one party or the other fails to follow the court’s orders, whether financial or child related in nature.   When orders are not followed, the aggrieved party is left with various remedies to consider, one of which is filing a motion and affidavit for contempt of court pursuant to Colorado Rules of Civil Procedure Rule 107.

The filing of a motion for contempt of court essentially entails setting forth allegations within the motion alleging that there are court orders in place, that the other party is aware of the court orders, that the other party has failed to follow those court orders, and that that party had/has the ability to follow the relevant, violated court orders.   Once filed, the court will give the contempt motion a prima facia review, after which it will normally issue a citation instructing the violating party to appear in court, at a certain time, to answer as to the allegations.   The initial hearing is generally for advisement purposes, at which time the accused will plead guilty or not guilty.  If “not guilty” is the plea then an evidentiary hearing will be set, to take place a few weeks, or months, down the road. Continue reading

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license-wall-5-1445048-300x222By: Curtis Wiberg

In our mobile society, it is not an uncommon occurrence for parents to obtain custody orders in one state, and for both parents and the children to later reside in other states, soon after.  This can make resolution of subsequent conflicts involving parenting time (visitation) complicated.

Every state in the country has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address these parenting time or custody issues that involve multiple states, which gives parents and courts predictability as these multi-state issues arise.

Generally speaking, the UCCJEA provides a series of guidelines such that only one state can have subject matter jurisdiction or authority to determine custody orders at a time.  This is known as the “home state”, and it is usually determined by the state where a minor child has resided for the most recent six continuous months prior to the initial court custody filing.  Once a state assumes home state jurisdiction, that home state has exclusive home state jurisdiction to modify custody orders until such time as both parents and the children no longer reside in the home state, or because the home state becomes an inconvenient forum and gives up it’s exclusive jurisdiction.   Interstate jurisdictional authorization for a court to establish, modify, or enforce a child custody order differs, depending on the circumstances. Continue reading

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denver-capitol-hill-1620432-300x199By:  Jessica A. Saldin

Starting August 8, 2018, there will some statutory changes being made to the Colorado Uniform Dissolution of Marriage Act (the main statute/law that governs Colorado divorce and custody cases).  As these changes may have major impacts on your divorce or custody case, it is important to know what they are.  A few of the statutes are undergoing minor word changes, which are not being discussed in this article.  The major changes, which will be the primary focus of this article, affect the statutes governing spousal maintenance and child support.

C.R.S. 14-10-114 is the statute that governs maintenance (often called spousal support or alimony).  As discussed in a prior blog post, the federal tax code is changing in 2019, with an impact on how maintenance payments are treated for tax purposes.  It used to be that a payor’s maintenance payments were tax deductible to the payor and a recipient’s maintenance payments had to be claimed on the recipient’s taxes as income.  Starting in 2019, the recipient will not have to declare maintenance payments as income; however, the paying party will not get a deduction for maintenance paid.  As mentioned in the prior post, such was anticipated to have an effect on Colorado’s maintenance law because the formula was created with the understanding that maintenance would be tax deductible and taxable, respectively.  As anticipated, the Colorado legislature has made changes to Colorado’s maintenance law to account for these federal tax changes. Continue reading

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ofcomm-series-collapsed-1533808-300x205By:  Michelle L. Searcy

Divorce can often create stress, anxiety, and even depression.   If you are going through a divorce or are even contemplating it, uncertainty about the future is bound to affect your mental health.  You may experience fear and anxiety about your income, your property, and your children.  Different people react differently to all of this stress.  The range of coping mechanisms spans healthier tactics, such as healthy eating and exercising to more risky behaviors, like excessive drinking or spending.   Regardless of your personal style of coping, you will need to make crucial, potentially life-altering decisions in the process of a divorce.  

You will need to be able to evaluate offers, determine whether and on what terms to counter-offer, or whether to present issues for the court to decide.  Stress, depression and anxiety do not only affect the way you feel, but also the way you think.  They can cloud your judgment, making it more difficult to make the best decisions possible.  Poor decisions may not only affect the outcome of your case, but increase your legal costs.  Thus, you may find it helpful to identify your level of stress, and then, determine how best to address it.  

Psychology Today published an excellent article in 2012 titled “Where are You on the Divorce Stress Scale?”   An honest assessment of the effects of divorce-related stress will help you determine how best to cope  to allow you to make forward thinking, productive decisions.  The Psychology Today article included excellent suggestions for coping with stress.  Other resources are also available, such as the Jane Collingwood article on Psychcentral.com, Reducing the Stress of a Divorce. Continue reading

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balance-1172800-300x204By: Curtis Wiberg

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. Continue reading

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running-girl-and-endless-green-meadows-1430721-300x200By: Jessica A. Bryant

There has been a recent push in Colorado by parents requesting a free range parenting law.  This type of law was recently passed in Utah (the first state to pass such a law).  The reasoning for such type of law is to provide some sort of clarity for parents that want to teach their children more independence without the risk of being charged with child abuse or neglect.  In Colorado, the child abuse/neglect laws are vague, which allows the Department of Human Services to exercise discretion in an investigation when deciding if something should be pursued as child abuse or neglect, or not.  For example, Colorado does not have a specific age as to when a child can be left home alone- it is simply judged on a reasonableness standard.  However, that same vagueness creates uncertainty for parents that want to allow their children freedom to exercise independence by walking home from school or riding their bike to the park, for example.  If passed, this type of law would have obvious effects on child abuse and neglect cases.  However, it could also have effects on Colorado divorce and custody cases.  Continue reading

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a-helping-hand-2-1439048By: Janette Jordan

This blog post will focus primarily on C.R.S. 19-5-105(3.1) which lays out the ways in which the court may find grounds for the termination of parental rights of a parent and a minor child.  If you are remarried and find yourself considering a step-parent adoption, it is important to be familiar with the ways in which your new spouse could legally adopt your minor child(ren).  In an adoption case, it is possible to seek for a step-parent adoption by first terminating the parental rights of the other parent.  Termination occurs when the court severs the legal relationship between a parent and their child.  Relinquishment occurs when one parent voluntarily gives up their legal relationship between themself and their child.  

Pursuant to C.R.S. 19-5-105(3.1), the court may terminate a birth parent’s parental rights when it finds that (1) it is in the best interests of the child; and (2) there is clear and convincing evidence of one of the following: Continue reading