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Last month the Colorado Court of Appeals considered the appropriateness of a trial court including in a party’s income undistributed business earnings never actually paid to him, or “phantom income.” In Hills, the husband had a 2% partnership interest in a company. but as an “economic unit partner”, he was…
The Colorado Court of Appeals has just issued a decision holding that domestic relations judge may award retroactive temporary maintenance at a hearing, even when the spouses were still living in the same house. Facts Supporting Retroactive Temporary Maintenance In Herold, the parties had a common law marriage for over…
Almost two years ago, we wrote about a Colorado Court of Appeals decision where the Court found that all of the evidence of common law marriage had to be considered, and the fact that the parties filed separate tax returns could not be the controlling factor in the face of…
January 11, 2021 was a big day for common law marriage in Colorado. The first three decisions issued this year by our Supreme Court were all on the issue of common law marriage. This article focuses on the first of those decisions, Hogsett, where the Court significantly revised its 33…
This big common law marriage case (one of three common law marriage decisions issued by the Colorado Supreme Court on January 11, 2021) is another legal victory for the LGBTQ community, in that it found a couple could be found to have been in a same-sex common law marriage even…
We’ve all seen it – you testify in court as to your ex-husband’s abusive conduct, but it’s a he-said, she-said, with no corroborating evidence. If only you were recording conversations… It’s legal to record your own conversations in Colorado, but that does not necessarily mean you should, nor that the…
The American Dream – Remotely Practice Law Can lawyers remotely practice law? It’s something all of us dream of – living on the beach or in the mountains, while remotely practicing law in a court located in a much glamorous place. Work in the city, but instead of just living…
Was there any doubt? Since the onset of the Coronavirus pandemic, courts have taken a crash course in conducting video hearings. With the El Paso and Teller County Courthouses closed to routine business for most of the past year, short of seeing justice delayed the only alternative has been to…
Ohio Trial Court Ordered Procreation Ban for Child Support Arrears When browsing my typical news sites, this headline from a Courthouse News article about a child support arrears case literally jumped off the page at me: “Ohio Supreme Court Rules Man Can’t Be Ordered to Abstain From Procreation.” It kind…
What is a High Income or High Asset Divorce? High-asset, high-income divorces present issues that attorneys and clients alike may not necessarily consider in a “normal” divorce case. And as we explain below, cases involving affluent clients differ from other cases from the very start, in how the process is…
