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In December 2016, Congress dropped a bombshell on the family law world. For the first time since the Uniformed Services Former Spouses Protection Act was enacted 33 years previously, the federal government has basically “federalized” the formula for military spouse retirement benefits. The National Defense Authorization Act, or NDAA, is…
Lottery and Divorce – Impact on Alimony & Child Support Exhibit one in for lottery and divorce issues. The Huffington Post has an article this week entitled Woman Asks Ex Who Won Mega Millions Lottery: Can I Stop Paying Alimony? During the marriage, the wife had been the primary breadwinner, and was ordered to…
Cohabitation vs Marriage – When Does a Girl/Boyfriend Become a Common Law Partner? Are we married, or just living together? Cohabitation vs marriage questions are among the most common in states like Colorado which recognize common law marriage. And there is a misconception that if a couple lives together in a…
Pet custody has been in the press again recently. In January, a new law took effect in California which empowers judges to award or joint custody over a pet, taking into consideration the care of the pet. This isn’t just the “left coast” being creative with pet custody agreements – California was actually third…
Stop Alimony After Retirement? Colorado law provides that a retirement after reaching the Social Security Retirement age (which is currently 67 for those born in 1960 or later) creates a “rebuttable presumption” that the retirement is in good faith. (2)(b). While this presumption definitely favors the payor, that is not the same as stopping…
Social Security and Divorce. There are multiple facets to this issue, and last week, we added an article to the Colorado Family Law Guide explaining how Social Security may be treated as income at divorce for the purposes of calculating alimony and child support. We also wrote a blog post on the issue of…
I had no idea this would still be an issue. You may recall the baker refusing to do same-sex wedding cakes, and a bigoted county clerk in Kentucky who refused to issue licenses to a gay couple (and lost reelection). But judges refusing a gay marriage? As a lawyer, I had thought…
What Is Income in Context of Social Security and Child Support Payments? It is probably not surprising that the largest government benefit program in history will have a bunch of different types of payments, some to parents, some to children, which test the ability of Colorado’s child support law to…
This month has not been good for the image of military base housing. Recently, the Military Family Advisory Network released a report to Congress, Living Conditions of Families in Privatized Military Housing, complete with photos and real-world examples, which depicted on-post housing as being slum-like. Military Base Housing Depicted as a Slum Based…
It seems like common knowledge that after a divorce, the former military spouse has 30 days to move out of military housing. Says who? When researching base housing for the source of this claim (which is true, by the way), I kept digging deeper & deeper into military housing, and…
