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We have written about cases where Colorado’s appellate courts have reversed alimony awards from trial courts which simply applied the maintenance guidelines without evidence or specific findings on the need for maintenance. Now, the Colorado Court of Appeals has held, in a case of first impression, that courts are permitted…
On June 7, 2021, Governor Polis signed into law House Bill 21-1220, which contains the 2021 changes to the Colorado Child Support statute, as recommended by the Colorado Child Support Commission. The child support changes, which are the first since the 2019 changes to reflect the change in maintenance taxation,…
With Covid in abeyance, the 4th Judicial District Courthouses will be open for business effective Tuesday, July 6, 2021. After more than 15 months of Coronavirus-related closures, and 14 different Chief Judge Orders setting forth rules and exceptions, all restrictions are finally being lifted in the El Paso County &…
Courthouse Covid Update – July 6, 2021 At long last, the 4th Judicial District Courthouses are reopening to the public. Masks and social distancing not required, but encouraged for the unvaccinated. See our blog post for the full details. Courthouse Covid Update – May 19, 2021 Hot on the heels…
Capital gains counts as income for purposes of both child support, (5)(a)(I)(N), and maintenance, (8)(C)(I)(N). We even have a full article on capital gains and other investment income in the Colorado Family Law Guide discussing the various ways courts have interpreted this provision, and how they calculate capital gains. But…
The Colorado Court of Appeals recently issued a new contempt decision which somewhat wraps up the law already set forth in prior cases, but also includes a new twist – ability to pay means taking into consideration that the payor has assets he could sell to generate revenue. In Evans,…
You Have a Specific Parenting Time Order, Now What? Judges are reluctant to enter orders they know they lack the ability to enforce. And nowhere in family law is this more complicated than trying to issue specific parenting time orders over a teenager, who may well have his own ideas…
Court Cannot Issue Post-Decree Order to Modify Property Settlement After a divorce, can the court later issue an order for a spouse to refinance the mortgage on a residence awarded to her? Some orders can be modified after a divorce – we have a whole section of the Colorado Family…
Colorado law requires a court to divide the “marital estate” (i.e. all assets & debts) as of the date of the divorce itself, not the date of separation. (5). But what happens when a spouse engages in the dissipation of assets? But what happens when one spouse causes funds to…
On May 7, 2021, Governor Polis signed into law HB 21-1031, which modifies several statutes to clarify that trial courts still have jurisdiction to modify certain types of family law orders while a case is up on appeal. Normally, once a party has appealed a case, the trial court is…
