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Maybe not. Seriously – a prenup is not for everyone, so before spending money, consider whether you really need a Colorado prenuptial agreement. They cost money to prepare (including possibly having a pay the other party’s legal fees when your fiancé cannot afford a lawyer), and the message a pre…
Every so often a court decision can still somewhat surprise me, and a recent unpublished decision from the Colorado Court of Appeals did just that by holding that a spouse who worked a 30 hour/week part-time job was not voluntarily underemployed for purposes of calculating child support or maintenance. In…
Yet again, a spouse at divorce who merely asserted a claim for separate property in a divorce lost because he did not actually submit evidence to prove the separate property claim based upon premarital employment. Colorado law provides that upon dissolution of marriage, the court “shall set apart to each…
A former stepparent with minimal parenting time does not owe a duty of child support, per the Colorado Court of Appeals. Back in 2019, the court of appeals issued a ground-breaking decision, A.C.H., which held that a psychological parent who sought court-ordered parenting time also had a duty to pay…
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,…
