Remedial Contempt: No Attorney’s Fees Without Purge Clause
In order to order attorney's fees as a sanction for remedial contempt of court, the court must order a "purge clause" to bring the violator into compliance.
Contempt of Court in Colorado Not Always Have Remedy
A Colorado judge can find a party in contempt of court, and still have the discretion to decline to impose remedial or punitive contempt sanctions against him.
Commingled Assets Not Defeat Separate Property in Prenup
Agreeing in a prenup to use the "net appreciation" method means that commingled assets in a separate account did not make the account marital property.
Grossly Unequal Property Division Needs Specific Findings
The Court of Appeals reversed a grossly unequal property division where one spouse received 98% of the assets without any specific findings by the judge.
Imputing Income to Student Requires Voluntary Unemployment
Prior to imputing income to a party, the court must make findings supporting that the parent is voluntarily underemployed or unemployed (i.e. "shirking")
Biological Father Paternity Void if Exclude Presumptive Dad
Court order voids finding that biological father was child's parent when presumptive father was not made a party to the original case, and was only added later.
Financial Resource Includes Savings & New Spouse Assets
Recent Colorado court ruling includes as financial resource for contempt and maintenance the payor's savings, and, to some degree, new spouse's assets
Any Nonparent May Seek Parenting If Child Not With Parent
The Colorado Court of Appeals has held that any third party nonparent may seek parenting time when the child is not living with a parent.
Potential Bonus Not Divisible Property in Colorado Divorce
The Court of Appeals has ruled that a potential bonus, without a contractually enforceable right, is too speculative to be a divisible marital asset.
Cannot Modify Maintenance Because “I’ve Paid Enough”
The Colorado Court of Appeals has held that a trial court cannot consider that the obligor has "paid enough" when considering whether to modify maintenance.
Psychological Parent’s Rights Not Terminated by Adoption
The Colorado Court of Appeals recently held that a psychological parent's visitation rights over a child were not terminated by a stepparent adoption.
Court May Order PERA Co-Beneficiary in Colorado Divorce
The Colorado Supreme Court held that the plain language of the statute provides the family law judge with authority to order PERA co-beneficiary benefits.
Court Can Order Child Vaccines When Parents Disagree
The Kentucky Court of Appeals recently upheld a trial court decision ordering child vaccines, overriding one parents' religious objections.
Stock Appreciation Rights (SARs) are Property in Divorce
The Colorado Court of Appeals has held that Stock Appreciation Rights (SARs) are divisible property in a divorce, like stock options or restricted stock grants.
Bogus Lawyer Vanity Awards – Federal Government Warning
The federal government has warned the public of bogus lawyer vanity awards - nothing more than paid advertising masquerading as awards.
Voluntary Unemployment vs Ability to Pay in a Contempt Case
The Colorado Court of Appeals just held that finding of voluntary unemployment is not sufficient to prove ability to pay in a remedial contempt case.
VA Waiver Indemnity Order is Void – Retroactively!
The Colorado Court of Appeals held that Howell's prohibition on indemnity for a VA waiver applies retroactively, putting at risk thousands of indemnity orders.
Colorado Minimum Wage Increase for 2022
On January 1, 2022, Colorado's minimum wage will increase to $12.54/hr, or $2177/mo. Minimum wage is often used to impute income to a non-working parent.
New Colorado Parental Responsibility Evaluator Directive
Colorado's Chief Justice has issued a directive governing appointments of a Parental Responsibility Evaluator (aka "custody evaluator") in parenting cases.
Fraudulent Irretrievable Breakdown Claim Voids Decree
The Colorado Court of Appeals set aside the agreement where a couple falsely an irretrievable breakdown in the marriage to obtain a decree of legal separation.