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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…
Military Spouse Divorce Retirement Pay vs Separation Pay Separation pay is what a member may receive when separated from the military prior to retirement – these alternatives to retirement are often divisible at divorce, especially in Colorado thanks to the Heupel decision. And when a share of that separation pay…
Colorado Maintenance Guidelines Not Written in Stone Colorado’s maintenance statute has an alimony formula applicable at divorce, but as the Colorado Court of Appeals constantly reminds the family law bar – and bench – the statutory maintenance guidelines contained in are not presumptive, only advisory (i.e. almost like a suggestion, and…
“Adequate Financial Support” No Longer Adequate Per AFI 36-2906 While all of the branches of the U.S. Armed Forces require their personnel to provide temporary family support to family members during separation, the Air Force family support standards in AFI 36 2906 were, for a long time, the only ones…
As the nation gradually reopens, even while the Coronavirus pandemic still rages, Colorado is no exception. Last Sunday, Governor Polis signed an executive order relaxing the state’s stay-at-home order. (For full coverage of the Covid-19 stay-at-home order and up-to-date analysis of judicial orders & openings, see our blog post Colorado Family Law Services…
