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Alimony Or Child Support: Self-Employed vs Salaried Determining alimony or child support when a spouse is self-employed is more complicated than for a traditional employee. With a normal, salaried employee, all employment compensation on a W-2 counts, and it typically consists of salary (or an hourly wage), with the possibility…
Lying To A Parental Responsibilities Evaluator Is Crime in Colorado Don’t lie! That means no lying to the custody evaluator (or any other court-appointed experts, for that matter). And don’t submit false or forged documents. Not only will it hurt your divorce or parenting case, but a wrongdoer may even…
A Colorado court must have jurisdiction before terminating parental rights. But a court can grant an adoption without UCCJEA jurisdiction. How do you reconcile these two conflicting rules when an adoption also involves the termination of parental rights? The Colorado Court of Appeals addressed that very issue in a new…
Prenups and Postnups May Be Modified As long as both spouses agree, a prenuptial agreement or postnuptial agreement can be modified, or even voided. Colorado has adopted the Uniform Premarital and Marital Agreements Act, which governs both prenuptial agreements (aka “prenups”) and postnuptial agreements (postnups). The Act allows people contemplating…
George Floyd’s death at the hands of Minneapolis police officer Derek Chauvin has energized the Black Lives Matter movement, and energized the world, not just the United States, with mass protests. But this post is focused on the family law consequences of Floyd’s killing. Chauvin is now charged with murder…
OK, the title doesn’t perfectly capture the essence of a brand-new ruling that the Colorado Supreme Court issued today, but web titles have limited space constraints. A proper summary of the holding would be “When a parent has filed a motion to restrict parenting time alleging with particularity its grounds,…
It’s News When NY Has Covid-19 Divorce Moratorium Funny how when New York or California does something, it becomes national news. We previously wrote about how, thanks to Covid-19, New York was allowing applicants to obtain marriage licenses by video conference. It was touted as earthshaking by the media, despite…
What is Relocation of Children? Simply put, relocation of children means that, after a divorce or other parenting decree, a parent with primary or co-equal custody “is intending to relocate with the child to a residence that substantially changes the geographical ties between the child and the other party.” (2)(c)….
Note to self – hold my tongue if I ever preside over a family law case (which is unlikely, as I have no intention of ever being a family law judge, or any other kind, for that matter). And no matter what, no matter how bad the parents may be…
Inheritance is Separate Property at Divorce While property acquired during the marriage is presumptively marital, a spouse can overcome that presumption by showing the property was “acquired by gift, bequest, devise, or descent.” (2)(a). In other words, an inheritance received by one spouse is that spouse’s separate property, unless he/she…
