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Helpful Family Law Resources

Colorado State Judicial Branch

Fourth Judicial District 
Parental Alienation Support

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

4Questions and Answers from Bridgette

  • What do i do if my lawyer tells me that he does not know how to fight my case and tells me i should just give up

    My children were taken into DHS custody in Colorado Springs Colorado, over hearsay that came from a totally different state (Oregon) where my Ex BF was abusive to me and my children so i left and came to Colorado, the DHS took my kids because they...


    Bridgette’s Answer

  • I would shave to agree with the other attorneys who have responded to your inquiry - get a second opinion. When you call or meet with this sec on opinion attorney, make sure to take as much documentation with you as you can. Take your Petition for Dependency and Neglect and take the "Treatment Plan" - all treatment plans and staffing summaries. I cannot say why your attorney is changing his opinion but something must have come up in the Treatment Plan or staffing summary for the attorney to change his mind.
     

  • I make more than my husband, but he has the assets, Will I have to pay Spousal Support?

    We've been married 3 years and as of last year, I make much more money than my husband. He is much older than me and used to make lots more money. He has the assets (cars, toys, camper, quads, rental unit.) We refinanced our house a couple yrs ...
     

    Bridgette’s Answer

    There are two types of maintenance in Colorado - temporary and permanent. Temporary maintenance is awarded on a showing of financial need and an ability to pay and is during the period of time between the date the petition for dissolution is filed and the date of entry of the final decree granting divorce. All he would need to show is that he is in financial need of support and you have an ability to pay him.


    Permanent maintenance is trickier. It is awarded after the date of decree and there are a lot more factors that go into it other than a financial need. Your ex would have to show that he is not capable of working, you are capable of paying maintenance and he has not received enough property from the marriage to care for his financial needs. In addition to these factors, the court considers the length of the marriage. If you have a short term marriage, i.e. less than 10 years, it is doubtful the court would award permanent maintenance, but not impossible. He would have to show that he is not capable of working, he has no property to support his financial needs and you are capable of paying his maintenance. It is doubtful you would have an award for permanent maintenance but it depends on the property division, amount he earns through pension or retirement and your income.

  • Veteran needs help getting property settlement award.

    We are both veterans. He is a retired Captain in the Navy 0-6. We divorced 27 years ago in CO. My attorney and my husband collaborated giving me a phony copy of the property settlement awarding me nothing. ONLY two months ago I discovered the ...

    Bridgette’s Answer

    So you originally had a copy of the property settlement that was incorrect and then later discovered the true copy awarding you over $150,000 plus interest? If you have the actual, true order that awards you a settlement, you should have no problem enforcing the Order and filing Contempt charges to enforce the prior agreement/order. While the statute of limitations has expired prohibiting you from appealing or reviewing the court's decision, if there is an actual order that awards you a sum of money that you have not yet received but should have, you can enforce the payment of that award.

  • If the father was just released from prison and is a halfway house does he have any rights to his two year old daughter

    The mother of the child has had the child for the last two years while i was in prison.She is a drug addict and she has left the child with different people off and on for the two years.Can I sign temporary custody for a friend till i get out in t...


    Bridgette’s Answer

    You would have rights to your daughter. Do you have an order in place for parenting time? If not, you would need to file an Allocation of Parental Responsibilities to get everything started. You can't get very far without the filing. If you have an Order already in place, what does it say in regards to parenting time? If you have an order, you will have to file a motion to modify the order so you canhave more parenting time. The mother's drug addiction would be relevant once you get into court and argue for increased parenting time. Unfortunately, you cannot ask a third party be granted custody. They are not a party to the action and unless they are grandparents (or step-parent), will have little rights to watch your daughter. Besides, by the time you file on their behalf and get a hearing, you will be getting out. You are better off filing for yourself now and by the time you get out, we will be going to hearing anyway.

    So file the Allocation of Parental Responsibilities if nothing has been filed before, or file the motion to modify parenting time as soon as possible. Those are your best bets.

  • My child's mother is denying any visitation.

    My child's mother is deny me any type of visitations. I am to have supervised visitations with my son but his mother refuses to allow anyone but herself supervise the visits. She is using my son as a pawn in our relationship. What can i do in orde...


    Bridgette’s Answer

    So you have supervised parenting time through a court order and it has to be supervised by the child's mother? That is a little odd. Usually, court's will not allow a parent to supervise the other parent during parenting time. Usually, the court will send the child and all parties to CASA or some other neutral, third party, supervisor. The reason is apparent (as you have probably noticed). You get a parent who refuses to cooperate and makes the parenting time more uncomfortable than it has ot be.


    I do not have your prior decree in front of me so it is a little hard for me to guide you through this. I can say that you should go back into court to modify parenting time (so long as you have never filed a motion to modify parenting time before or it has been more than 2 years since you last filed a motion to modify). Once in court, see whether the court is correct that you should continue to have your parenting time supervised. It may be that the reason you were under supervised parenting time before is no longer an issue.


    During the interim, ask that you guys go to supervised parenting time through CASA. They are located downtown and you can look them up online or in the phone book. They may require a court order and it sounds like you have one. If they cannot get you into CASA and if your ex continues to deny parenting time, it may be a good thing. Just show the court that she is refusing to allow you parenting time although you keep requesting it. Keep a log book or journal of the times you request and she denies. It will be very helpful.

  • Should I file on my own for visitation rights although I already have a pending child support case?

    The mother of my child lives in GA and I am stationed in CO. She does not let me see my daughter because she dislikes my wife. We currently have a child support case scheduled but I also want visitation rights. I am aware that I can petition the...


    Bridgette’s Answer

    I guess my first question would be whether your child support case is here or in Georgia. If it is in Georgia, I cannot give you any advice as I do not know Georgia law. if the case is in Colorado, however, you can file a Motion to Modify Parenting Time, which would be heard with the child support motion. You can only file the motion to modify so long as a motion had not been filed in the last two years. You can also file a motion to modify at any time after the entry of the first deree and so long as it is the first time you are filing a motion to modify parenting time, whether it is 10 days after entry or 2 years. So you can file and both motions would be heard together at the same time by the court.


    I can't say you will not need an attorney. Both issues may require an attorney but I cannot say with the limited information. You should not need an attorney to file the paperwork and go to mediation (which the court will require). If you cannot come to an agreement at mediation and proceed to hearing, you may need an attorney but I really can't say one way or another.

  • The other parent is refusing my parenting time..what do i do

    yes I owe support. he used my drinking problem to gain custody. been sober for over one year and he will not allow her to visit me. what do i do to enforce he comply?


    Bridgette’s Answer

    It sounds like you already have a parenting time plan in place. If you do, he has to comply with the court ordered parenting plan. If it calls for CASA supervision or weekend time, then he has to comply with the order or you can file a contempt citation against him (available in the clerk of court's office on the first floor of the courthouse). They can help you fill it out and file it.


    You should try to make your support payments as best you can. trust me, it would look very good if you at least made an attempt.


    Even if you go after the contempt of court, it sounds like you may need to modify your parenting time. If you have never modified your parenting time since the decree, you can file a motion to modify parenting time. If you have filed a motion to modify parenting time since the decree, you have to make sure it has been more than 2 years since that last decree (on the motion to modify) in order to go back into court to modify again (I know it's a little confusing). Once you file the motion to modify, you can seek the court to change your current parenting plan so you get additional parenting time with your child.


    I would seek the advice of a lawyer. i try not to refer people to lawyers but I think, in your case, you really should consult with one. If you do not seek advice of counsel, file the contempt and file the motion to modify (unless the last motion to modify decree was filed within the past 2 years).

    Good luck.

  • Ex owes around $15,000+ in back child support. current payments are rare. What can I do?

    My ex owes a great deal in back support. Currently he does pay a little but that never lasts. HE's never had insurance despite the court order. And I hear he may be required to pay interest on the back support? Any way to collect more money? ...


    Bridgette’s Answer

    I see that you are here in colorado springs. So are your payments going through the Family Support Registry (FSR)? FSR should be working with you to get those payments. He has to make his minimum payments or El Paso County Child Support Enforcement Unit (CSE) would go after him. CSE works with you to get your child support payments. You have a caseworker assigned and should call her to find out why he is not paying his full amount. CSE will then go after him on your child's behalf.


    I say your child's behalf because CSE does not represent you and you may need an attorney to represent your interest but it is not necessary. If CSE goes after him, they will set a hearing to determine if his current support payments are reasonable with his income. The arrears are calculated and spread out over 24 months to give him time to repay. If his support goes up to, say, $300.00 per month, and he owes $15,000. then applying the 24 months, he would have to pay you $924.00 per month ($624 per month for 24 months in arrears). they would garnish his paycheck for the money and intercept his tax return refunds to repay you. Failure to pay would result in his drivers license being suspended or he could go to jail for up to 6 months.
     

    So contact your caseworker and get them to go after him. If you are not going through FSR, contact them to find out how to get your support payments registered. It usually takes a court order and then the wage assignment takes effect.

    hope this helps.

  • If I just recently got married & am considering an annulment/divorce, would my now husband have any rights to my children?

    I have 2 sm children from a previous relationship & in my new marriage, I am considering an annulment/divorce. I'm just wondering if my husband of now would have any rights to try & take my kids from me or would he be granted visitation rights to ...


    Bridgette’s Answer

    It really depends. I know you and your husband have only been married three month but I don't know how long you have been together and how long he has been in your children's lives. The reason why it depends is because, technically, he has no rights to your children. But if he has been the only father they have known and the biological father is not very involved, your husband could claim he is their father since they have known no other. If he makes this argument, he would have to prove that he is their "psychological father" and has been the primary father to these children. I don't know the children's ages but if they are under 5 (just an example) and he has been in their lives for 3 years (again an example) then he could argue he is the psychological parent.


    The statute requires that he had physical custody for the children for the past 6 months (from the date he files). This is a guidepost. If he says he has been in their lives for a good deal of time and taken care of the children and they look at him as a father, then he may be able to get parenting time. Naturally, he may also be responsible for child support, unless you are receiving support from the biological father.


    So this is a short answer but I can't say a whole lot more without further information (ages of children and years dad has been in their lives). If you file for divorce, see if he includes the children. If you file, there are two type of divorce documents - one is "with children" and the other is "without." If I were you, i would file "without children" and see if he responds to the divorce petition arguing he is entitled to parenting time. If he does, then you need to consult with a layer and provide them with the information I needed to answer fully.

    Good luck to you.

  • Can my ex-wife use the non-joint child deduction on her financial affidavit ?

    There is already an existing court order for child support on this non-joint child that lives with her full time. however she is claiming the deduction on her financial affidavit in our case for child support. Which lowers her income and increas...


    Bridgette’s Answer

    Financial affidavits are tricky. The section on "child support and maintenance received from others" requires the party to answer truthfully about income received from a prior relationship for maintenance and child support - not the current relationship. People are always including current payments into that section for the current relationship, but that is not what that section is for. It is only for payment received from OTHERS not the other party in the litigation.


    If she is NOT receiving payments but there is an order, then leaving that section blank is proper. The money to be included is only money currently received. so what do you do to ensure you are not getting stuck paying extra because a dead beat dad does nothing? Make the court aware. When you go into court, ask her questions about her ordered child support payments for this child. How much does she receive? why does she not receive it? why has she done nothing to retrieve those funds? Things like that. make the court aware that her income should be higher based on her ordered child support payments. Once the court hears this testimony, they should factor the ordered payments into her gross monthly income. That would help to decrease your support.


    In addition, the child support worksheets the court uses takes these factors into consideration, even if there are no payments received from a court order. The child support worksheets have several sections where it asks things like, "how many other children are you responsible for that you receive NO support,' "other court ordered child support payments" things like that. So even if she is not receiving the payments ordered, you still get credit for her inaction.


    I would make sure you make the court aware of these issues. If you go to mediation, make the mediator aware as well. This should help you establish what the proper calculation of child support should be.

    Good luck and use the court resources. Mediation, hearing... If the court and mediator are aware, they will not count it against you.

  • Claim boyfriend on taxes? Can my income be taken for child support?

    Can I claim my boyfriend as a dependant on my taxes (with out filing as married) if he has no income for the year? If so, can his child's mother come after my income for child support payments? We are in Colorado his child support is out of Texas.


    Bridgette’s Answer

    "Can his child's mother come after my income for child support payment?" No. First of all, can you claim your boyfriend? I do not know the answer to that question. If you two are filing as married (even though you are not married) then you can claim him. Colorado is a common law marriage state and you can file jointly and married in Colorado even if you are not married. Just understand that if you do this, the arguments are greater, later on down the road if you split up, that you are common law married. So yes you can claim him if you file married, filing jointly, but there could be consequences in the future. So be careful. If you two are not looking to file married, I cannot answer whether you can claim him as a dependent. you should ask a tax attorney or accountant.


    Now to whether his ex can claim your income. The answer is no. The only income child support considers is his income. Spouses are not factored into the computation of child support - EVER. so you could be the heir to the Bill Gates fortune, currently receiving a trust fund dividend payment of $1m annually and your boyfriend does nothing and sits on his butt pampering himself all day, and the child support enforcement cannot consider your income at all (unless you pay him a salary to do nothing).


    Naturally this gets into the impute arguments as to what your boyfriend's earning capacity is for calculation of income. He can sit on his butt but if he voluntarily chooses to do nothing and he is capable of earning a living making $50k a year, his income will be imputed at 50k a year. If he is unemployed through no fault of his own and actively seeks employment, then he will be imputed at minimum wage or what he receives in unemployment benefits.


    So long and short, she cannot factor your income into the equation.

  • Can a father go to jail at an advisement hearing?

    My ex (and father of my child) owes around $15K in arrears for his first child. He has an advisement hearing today and I know the last time he saw the judge in July of '08 she said she wanted to put him in jail for contempt of court. Is that somet...


    Bridgette’s Answer

    First, I know you already know the answer to the question since you posted 8 months ago and the hearing was the day after the post, but for others who are curious, the answer is, maybe. Normally, the courts do not place people under arrest at an advisement hearing. The advisement hearing is just to advise the party of the contempt violation. At that hearing, the party pleads either guilty or not guilty. Then the court sets the matter for a hearing on the contempt violations.

    The reason I say, "maybe" is because the court could place that individuals under arrest if the attorney for child support enforcement (CSE) argues they are a flight risk and will likely fail to appear at the hearing date. Even when CSE makes that motion, it is up to the court to determine whether to place that person in custody immediately. In my experience, I have never seen that happen. But like I tell clients - anything can happen.

    The penalties for violation of a generic contempt citation are up to 6 months in jail and/or repayment of attorney fees and costs. There are 2 types of contempt - punitive, which includes jail time or remedial, which is repayment of the ordered amount (in your case $15k in child support) and repayment of attorney fees and cost. A party may also seek both types of contempt in their motion.

    Usually, courts do not impose jail time on a first offense (or at least not much depending on the severity of the offense). Multiple offenses carry heavier jail sentences. Of course, all of these factors are contingent on each individual experience.

    You can also request (as the victim) a lighter sentence based on whatever circumstances you advise the court. You are also free to negotiate a lesser amount owed by your ex. This would result in a stipulation between you and your ex which lowers the amount of arrears he owes. I do that all the time, lowering amount of child support and arrears owed. So it can be done. You do not need an attorney and can make CSE aware of your agreement on amount of child support and arrears owed. That gets into a whole other topic about voluntary stipulations to reduction of child support and arrears. But it can be done by the agreement of the parties.

  • Can unmarried mother of newborn deliver baby in one state and move to another state if the father of baby is not n agreement?

    unwed parents are both adults in late 20's...no plan to marry. mother may have job offer in Kansas or Nebraska and would like to move with child once born...can see do this without legal ramification?


    Bridgette’s Answer

    Either parent can move with the child, over the other party's objection, so long as nothing has been filed. If an action has been filed in the court system in this state (or any other really), there is usually an injunction that prohibits the party's from taking the child out of state without approval. The injunction is usually part of a divorce proceeding. If the party's were never married, then the action would be an allocation of parental responsiblities. There is, usually, no injunction in this proceeding.


    That said, even if nothing has been filed and mother takes baby out of state, dad can start an allocation of parental responsibilties (APR) action here. If he files before the child has lived in Kansas for more than six months, then mom would be forced to return to Colorado to fight the action. Filing of the action, after the move, cannot force mom to return with child but she will have to defend against the action. If it is filed before the move, it MAY (and I stress MAY) force her to return. If filed after 6 months, then Kansas would take jurisdiction under the UCCJEA (uniform child custody enforcement act)


    Short answer, if nothing filed, move quickly. If something filed, then that will be a whole other story.

  • My daughter let my grand daughter go to Ohio to visit her father and he will not return her and filed residential custody.

    he has only made a couple child support payments and his actions are soley motivated to get the child support squashed. she has texts pertaining to this fact. she has no way to get to Ohio by the 26th of January to attend the court appearance. How...


    Bridgette’s Answer

    Wow! IF your granddaughter has lived in Colorado for at least 6 months prior to dad taking her and refusing to return, and nothing has been filed in Ohio previously, then your daughter can file an emergency motion in Colorado, demanding your granddaughter be returned.

    This gets a little complicated so I will try to explain as best I can. If nothing has ever been filed in a state, and your granddaughter has lived in Colorado for more than 6 months prior to going to see dad, then Colorado has jurisdiction. If something was filed in another state pertaining to custody of your granddaughter (other than Colorado or Ohio) then Colorado takes jurisdiction if your granddaughter lived here for at least 6 months and neither parent resides int he state of the original action. If something was filed in Ohio years ago, then, unfortunately, Ohio has jurisdiction.


    Obviously you are getting into a jurisdictional issue. The question is which state controls. Like I said, if something was filed in Ohio years ago, the case stays there and your daughter would have to file an emergency hearing in Ohio and hire an Ohio lawyer. If nothing has ever been filed in Ohio (until recently obviously) but there was a pleading or case filed here, then Colorado controls.


    The first question your lawyer would have to figure out is which jurisdiction controls. Don't waste money hiring a lawyer in Ohio if jurisdiction is here. Then the next step is to file an emergency motion to return the child.


    You will HAVE to talk to an attorney and sooner rather than later. The controlling law is the UCCJEA - Uniform Child Custody Jurisdictional Enforcement Act. Ohio has adopted that act (I believe).


    Please talk to a lawyer and I wish you and your daughter luck!

  • Colorado child support termination request question.

    In Colorado I have to request for termination of child support when my daughter turns 19. My question is when do I file this request? The court and respondent have a 45 day response window. So, do I file 45 days before her 19th birthday(to all...


    Bridgette’s Answer

    You can file with a few months prior to your daughter's 19th birthday. You really should not have to file, if you are going through Family Support Registry. If you are, then you will not need to do anything as once your daughter turns 19 (well, first day of the month following her turning 19), then the Family Support Registry will automatically terminate your payments (unless you have arrears, at which point your payment will continue to be withheld until you pay off your arrears). If you don't want to take a chance and rely upon FSR to do their (I don't blame you) then you can file a Motion to terminate child support based on her attaining the age of 19. I would file about 3 months before her birthday. This way your ex can respond and the court set a date. If you go to hearing before she turns 19 (unlikely), then make the court aware of her birthday and they can enter an order terminating your benefits as of a date certain (again, unless there are arrears).

    Good Luck!

  • Question regarding Child custody in Colorado

    I have joint legal custody of my 16 year old daughter who does not wish to live with her mother and step-father any longer. Her mother is the residential custodial parent. There are reasons why my daughter wishes to live with me and not at her mot...


    Bridgette’s Answer

    You can file a Motion to Modify Parenting Time, requesting greater parenting time with your daughter. Courts usually grant 50/50 parenting time but that depends on a lot of factors. If your daughter refuses to live with mom, and depending on the judge you have, the court may listen to her desires and allow her to live with you primarily and mom on a shorter duration. If you and your ex agree to a transfer of parenting time with you daughter living with you primarily, then that is a voluntary agreement of the parties. Even though it is not in writing, it is enforceable by teh court as a modification.


    The Courts usually do not listen to the wishes of the child, but based on her age and desires, an in chamber interview can be conducted with the judge, where the judge listens to your daughter's desires out of the earshot of yourself and your ex. The court may still not consider this, but based on her age, it is likely the court will take it into consideration.

    so, motion to modify parenting time filed with the clerk's office. You can do this without counsel and ask for assistance in the clerk's office. Set for hearing and request in chamber interview between the court and your daughter.

  • How and when do i file for child support in Colorado? I am pregnant right now.

    I recently found out I was pregnant by my boyfriend who is a veteran firefighter here in Co. He left me as soon as he found out I was keeping our baby. I am unsure of when and how to file for child support here in Colorado and how to even go about...


    Bridgette’s Answer

    I have actually filed for mother's who were still pregnant. You would file an Allocation of Parental Responsibilities case in the district court where you reside (denver). when it asks you to list the name of the child ("in re the interest of ...") just insert "unborn child." I have filed before but usually when mom was about 7 months pregnant. Once the baby is born, you amend the pleading to include the name and date of birth of the child.

    It is important to file quickly because you are likely incurring cost for pregnancy and birth. The father will be required to pay up to $250.00 in reimbursable delivery expenses. So if you have a $500.00 deductible or you pay $1,000 for delivery, then he will pay $250.00 (less if a co-pay issue). Then child support can be established so it is in place when the baby is born, to assist you financially during recovery time.


    If you file prenatal, you may be required to undergo a paternity test while the baby is in the womb. That would be the only "uncomfortable" thing. Otherwise, if you file after birth, the child would be tested after birth.


    As for child support, it is based on the parties' income. If you are not working or working only part-time, the court will not impute you at a wage until the baby is 30 months old. The court will impute you at least at minimum wage regardless of whether or not you are working if the baby is more than 30 months old. The reason is the court understands some mother's remain at home for the first few months for the benefit of the baby. However, you cannot say you do not work and still have daycare expenses, so think about this. It gets a lot more complicated so if you go this route, you might need to consult with a lawyer.


    Also understand that once you file, the father may request parenting time once the child is born. Usually parenting time is for a few hours during the early part of the child's life but that also depends on your judge. Just a little FYI.


    So you have time and I would recommend waiting until the 3rd trimester before filing. Just remember, Allocation of Parental Responsibilities and unborn child.

  • Birth certificate changes?

    my x husband wants off the birth certificate of my daughter and she is not biologically his. he ison the run from the cops so he will not come in for paternity testing. he wants to sign papers and it be off. is that possible in colorado and if so ho...


    Bridgette’s Answer

    The only way the biological father can be removed from the birth certificate is to have his rights terminated. This can happen with him voluntarily terminating his rights or for the court to terminate as a result of a dependency and neglect case. You cannot terminate his rights unless you too agree to terminate your rights (which you don't).


    So what does he have to do? Bio dad would have to file a petition to terminate rights and undergo counseling so he understands the importance of his decision. once the court is satisfied he understands the consequences of the termination, his rights will be voluntarily terminated and you can seek to removed him from the birth certificate. This, however, would result in bio dad having to go into court to testify and explain to the court why he wants his rights terminated.


    If there is a dependency and neglect case, started by DHS (department of human services) then they can terminate his rights. This is more complicated and time consuming. he may not have to appear but would have to be given notice that DHS intends to terminate his rights (or he could overturn the decision), which means he would have to be served.


    If he is on the run and refuses to participate in court proceedings or accept service, it may prove impossible to terminate rights until he is caught and agrees while incarcerated.


    I apologize this may not be the answer sought but if he refuses to comply with the courts or service, there is little that can be done until he is caught.


    Good luck to you and I hope things turn out well, especially for your daughter.

  • What rights does my childs father and grandmother have to him when he is only on the birth certificate?

    My 3 year olds biological father is in prison for theft and is only on the birth certificate. we moved away from the state where his father and grandmother are. How much rights do they have when it comes to visitation? Can i be ordered back to Ind...


    Bridgette’s Answer

    Wow, this is a complicated one (well somewhat - more than a brief paragraph answer). Ok, first things first, the biological father and his parents have rights to the child. The other quick answer is that so long as nothing has been filed in Indiana before you moved and if the child has been a resident of the state of Colorado for more than 6 months, then jurisdiction vests in Colorado. So the only way they can force you back to Indiana is if there was a prior custody action in Indiana, filed before the child resided in Colorado for more than six months. I know you are probably thinking, "well are you licensed in Indiana?" and no, I am not, but that does not matter.


    The Uniform Child Custody Jurisdictional Enforcement act is recognized in Colorado and most of the other states. The rule I explained above ( 6 month rule) is recognized by these jurisdictions. If something was filed before the 6 month mark in Colorado, then you can be brought back to Indiana. If not, then jurisdiction is here.


    What about actions filed in Colorado? The bio dad could not file here since he is incarcerated. If he is released, then he can seek parenting time. But because he had no contact with the child, parenting time would be severely restricted.

    The same is true of grandparents. They can file for parenting time under the grandparents rights act (title 19 to colorado revised statutes). But again, because they have had very limited contact with the child up to the date of filing, their parenting time would be curtailed as well. When I say curtailed, I mean they would be in some type of supervised parenting time until the child is comfortable. Once the child has had extensive contact, there are other ways to get around their length of parenting time, but far too complicated to explain briefly here.


    If nothing has been filed, I would not worry. If something was filed in Indiana before the 6 month mark in colorado, you would need an attorney in Indiana. If something was filed in Indiana but after the child was here for 6 months, then you would need an attorney to file here and get the case transferred and taken care of. If something was filed here, you would need an attorney in colorado.

    I hope this was helpful and if this only created additional questions, you should consult with an attorney.

  • Can the state of Colorado take over a child support case from another state?

    Both parties to case no longer live in the state of the order


    Bridgette’s Answer

    Yes. You would have to contact the Family Support Registry (FSR) and advise of the change of residence of the parties and the child. FSR also works with the Child Support Enforcement Unit in your county (El Paso County Child Support Enforcement Unit (CSE). You can contact FSR to get the support order changed to Colorado. If they give you any problems, you may be required to register your foreign decree. In other words, get the final decree of divorce from the original court (certified copy) and file it in the court where the child resides. Then wait for the court to certify the decree and then request a support order herein Colorado. At that point FSR woudl then be involved (if they give you problems after original contact). I believe certification cost about $105 but that depends on your county and I could be wrong. The clerk's office in your county where you intend to file can give you that information.

    I hope this information has been of some help. I generally do not represent individuals in transfer of support orders but believe this would be one of two proper avenues.

  • Maintenance payments in an uncontested divorce

    Can u have an uncontested divorce and still let the courts decide the amount and duration of alimony?


    Bridgette’s Answer

    Unfortunately, you cannot have an uncontested divorce and still request the court determine maintenance (alimony in Colorado). An uncontested final orders hearing is set in cases where the parties have agreed to all provisions, i.e. division of debts and assets, child support, parenting time and maintenance. The only way you can get an uncontested hearing is if both parties agree to all provisions.


    If there is a dispute as to maintenance calculation or award, then the court cannot set the matter for an uncontested hearing, since the issue of maintenance is, well, contested. However, if you set for contested final orders and go into court to advise the court you are in agreement as to everything, save for maintenance, then the only issue the court will address is the award and calculation of spousal maintenance. So everything else would be uncontested but the issue of spousal maintenance would not.


    So the answer is yes and no, but mostly no. You can go to the clerks office and file a notice to set contested final orders hearing and the court will give you a date when you can set the matter for final orders. Then you will go to mediation (if not completed already) and try to agree to maintenance. If not, then you will go to a hearing and have the court decide.


    Maintenance is contingent upon many factors, which are set forth in Colorado revised statutes (14-10-114). This statute lists out the factors the courts consider when determining whether to award maintenance. It includes the income of the parties and property awarded to both parties as well as the length of marriage. It is hard to give further information without knowing specific facts of the case so you may want to consult with a lawyer who can give you a better idea.

  • How long do i have to pay alimony to my ex wife

    we were married for 6 years


    Bridgette’s Answer

    Unfortunately, you have to pay alimony (called spousal maintenance in Colorado) for the length of time set forth in the decree or separation agreement. The decree or separation agreement will state how long you are required to pay. If the decree or separation agreement states that the maintenance is "non-modifiable," then you are stuck for the length stated. If the decree or separation agreement does not state "non-modifiable," you can petition the court for modification of maintenance if you have had at least a 10% change in income. You can also petition to terminate maintenance if your ex wife remarries or if she begins living in a common law relationship (broadly defined as holding themselves out as married, i.e. filing taxes jointly or claiming the other as a dependent on heath insurance. There is no period of time to establish common law an can, technically, be established after a week or month - although more difficult to prove).


    If you have not had final orders at this time, the answer for length of maintenance depends on a varied number of factors. This includes the length of marriage and respective income of parties. I had a client who made $12,000 gross per month and the wife made $7,000. My client was in military and returning in a few months, which would result in a decrease of his income. Even though the parties had been married for 8 years, the court found no maintenance was required because wife made good money and had a lot of property to care for her needs. So you see, there are no hard and fast rules and whether you pay depends on a number of factors.