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Federal law is pretty clear – a military disability retirement (also known as a “Chapter 61” retirement) is not divisible property in a divorce, with a limited exception to the extent that the longevity method results in a higher payout than the percentage of disability method. See our article on…
The Colorado Court of Appeals just considered an issue of first impression, whether unrealized gains or dividends income in an investment account count as income for purposes of calculating child support and maintenance. And the answer to that was “no”, as mere “paper gains” are not included in a party’s…
Believe it or not, lawyers get taken too (not your humble correspondent!) – all the way from elaborate scammers who try to bilk them out of hundreds of thousands, down to actual companies who use dubious techniques many of us consider to be shady – like this SSL certificate renewal…
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Every so often a court decision can still somewhat surprise me, and a recent unpublished decision from the Colorado Court of Appeals did just that by holding that a spouse who worked a 30 hour/week part-time job was not voluntarily underemployed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.,…
