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Contempt is one of those areas of family law which seems easy – one party is violating the order, so is found to be in remedial contempt of court. However, the reality is far from simple, and as we just wrote about in a recent blog, not every legal right…
Ah yes – contempt of court! Your opponent violated a court order, and you, as the aggrieved party, are going to get justice at last. After all, surely it is true that every legal right has a remedy (a Latin phrase, Ubi jus, ibi remedium, which is sometimes misquoted as…
The Colorado Court of Appeals issued a decision recently concerning commingled assets which reminds us of the power that spouses have in marital agreements (in this case, a “prenup”, or prenuptial agreement) to deviate from the normal statutory property division in a divorce. For a complete discussion of prenuptial agreements…
A new Colorado Court of Appeals decision is unusual in a couple of respects – it’s not often that a property division is reversed on appeal, and I don’t think I’ve ever seen an appeal in a case where the marital estate was worth so little (even though to the…
Simply being unemployed at the time of a hearing does not necessarily make imputing income to that parent appropriate. And that’s especially true when the parent is enrolled in full-time education. In Settles, both parents were full-time students at the time of divorce: the father, a former medical doctor who…
OK, it’s hard to fit the real headline into a brief title, but the actual holding of a recent Court of Appeals decision is that the trial court erred when finding the biological father to be the child’s father in a parenting case, because all presumptive fathers were not included…
It seems the issue of what counts as a financial resource in a contempt or maintenance case still results in seemingly contradictory decisions from the courts. We recently wrote a post discussing the Sheehan case, where the Colorado Court of Appeals held that a trial judge could not find a…
Colorado has a statute allowing a third party nonparent to seek visitation (i.e. “parenting time”) with a child under certain circumstances in an Allocation of Parental Responsibilities (APR) action. Typically, the nonparent will be someone who has cared for the child for at least 182 days, but a lesser-used provision…
Employment-related incentives is a complicated maze, with bonuses, stock options, deferred compensation, employer matching into retirement plans, etc. Sometimes they count as income, sometimes they don’t. And sometimes they are divisible property, while at other times they are not. The Court of Appeals, in what appears to be a case…
Although less common than it once was, with long-term marriages courts may still order maintenance for an indefinite period of time – i.e. with no expiration date. While such awards may colloquially be known as “lifetime” maintenance, that’s not strictly speaking accurate, because either former spouse could still file a…
