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A new Colorado Court of Appeals decision overturned the trial court’s dismissal of a child support case after the judge failed to allow a witness to testify by telephone. S.C. concerned remote testimony, or a telephonic court appearance, in an interstate child support case. Family support cases are governed by…
“Alimony is like buying oats for a dead horse” A now-retired “Father’s Rights attorney” in Colorado Springs used to have this quote from American journalist Arthur Baer in his advertising. Most of his fellow family law attorneys thought it was mildly amusing, albeit while perpetuating negative stereotypes. And ironically, while…
What Is a (Cleaned Up) Case Citation? You will notice some quotes from cases we cite here at Graham.Law contain the words (Cleaned Up) after the case citation. It means we have pledged to make legal text more user-friendly by adopting a proposal which: gives legal writers the option to…
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…
