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Divorcing couple battles over frozen embryos. This is a legal headline family law attorneys have seen repeatedly throughout the years, and with the expansion of IVF technology, courts are trying to lay out coherent rules to follow for disposition of frozen embryos in a divorce. Three years ago we wrote…
Colorado is one of a shrinking minority of states which recognizes common law marriages. But going into the marriage is easier than dissolving it – there is no such thing as a common law divorce in Colorado. People may figure that they entered into a common law marriage without going…
If you have to litigate a case involving child support arrears, you are going to wish the payments went through the Colorado Family Support Registry, or FSR for short. The registry is a state agency which receives child support and alimony payments from the obligor (that’s the parent or spouse…
Family law decisions at the U.S. Supreme Court are rare, since domestic relations law is almost entirely governed by state law, not federal law. But there are enough areas of federal interest (military retirement, Hague Convention international child custody issues, and ICWA, or the Indian Child Welfare Act) that we…
We’ve written about this before – simply proving that the other side failed to pay court-ordered support is not sufficient for contempt of court. The court must also find that he had the ability to pay during the time he failed to pay, and, just as important, that he has…
The parents leave their divorce or parenting hearing with joint decision-making. Then the arguments start – when is joint decision-making truly required, and when is a decision a day-to-day decision made by the parent then-exercising parenting time? This blog post was precipitated by a real-world dispute which just arose in…
After a divorce in Colorado, one spouse may be ordered to pay the other periodic payments – with child support or spousal maintenance (i.e. alimony). And when there is a disparity in assets awarded to the spouses, the court will typically order a property equalization payment from the spouse with…
It seems that contempt of court has had a lot of attention from the Colorado Court of Appeals in recent months – while the right to counsel issue has not arisen recently, we have written about decisions pertaining to contempt including the requirement that remedial contempt have a “purge clause”…
Parents owe their children a duty of support – this has long been recognized in Colorado’s child support statute (), and in every family law case imaginable. But can psychological parents, or other third party nonparents owe child support? Three years ago, in a groundbreaking decision, the Colorado Court of…
Colorado law authorizes judges to appoint, with the consent of both parties, a decision-maker to assist the parents in making parental decisions when they are unable to agree. But unlike with a judge or an arbitrator, the decision-maker does not have unlimited authority, but instead has a very narrow statutory…
