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Normally when child support is modified in Colorado, retroactive child support may be awarded back to the date one of the parents filed a motion to modify child support in Colorado. (1). However, the modification statute provides for up to 5 years of retroactive child support back to the date…
When are two $10,000 assets not worth the same as each other? When the spouses are not considering the “divorce tax” on the assets awarded to them. We have a whole article in the Colorado Family Law Guide on the effects of this “divorce tax” on your property settlement, but…
The Colorado Supreme Court rarely issues decisions pertaining to ICWA, or the Indian Child Welfare Act requirements, and as a result, this is only our second blog post on ICWA (the first was back in 2020, pertaining to the applicability of ICWA to adoption cases). A brand new decision, E.A.M.,…
Once a family law judge determines parenting time, it is not easy to change the majority residential parent. A permanent custody change requires either the other parent’s agreement, consent to the child being integrated into the parent’s home, or endangerment. It is this middle factor which was at issue in…
This was unexpected. It’s not often that an attempt to get around child hearsay rules through child testimony resulted in a dispute over a child being a witness in a divorce case making national headlines! Yet again, the tortured divorce proceedings between Hollywood superstars Angelina Jolie and Brad Pitt provide…
Remedial Contempt of Court – Pay Up or Go to Jail Remedial contempt of court is a process by which a court will give a party who violated a court order an ultimatum – comply with the order, or else. And the “or else” typically means a deadline for compliance,…
Can Adultery Be Punished in a Prenuptial or Postnuptial Agreement? For more than 50 years since adopting the Uniform Dissolution of Marriage Act (UDMA) in 1971, we have had no-fault divorces in Colorado, and that means the traditional grounds for divorce, including adultery, are abolished. Does that mean an infidelity…
There is no playing “hide the ball” in Colorado family law cases, and that means don’t have hidden assets, or even an accidentally omitted asset. The ethical obligations of family law attorneys, combined with court rules, require the parties to provide one-another with exhaustive disclosures. And when a party fails…
Tax and divorce – probably most people’s two least favorite words, and putting them together makes for an especially lethal combination. However, at least knowing the basics about tax and divorce is a necessary evil, so we have a new article in the Colorado Family Law Guide entitled Tax and…
Dividing a pension and divorce – often a retirement is one of the most valuable assets at divorce, and under Colorado’s marital property laws, a pension is subject to division at divorce. But what happens if there is a miscalculation in the pension at divorce? Normally, retirement account misstatements would…
