Typically, courts have considered whether to award a spouse retroactive alimony back to the date of service of the summons, as that is the date the court acquires jurisdiction over the parties. But is that date written in stone, or can a court go back further? The issue of retroactive…
Imposing Security for Payment Needs Specific Findings
Colorado law authorizes family law courts to order security for payment or other performance, such as a lien on the payor's assets.
Hidden Assets in a Divorce – Reopen the Case
Hidden assets, or even ones which a spouse inadvertently failed to disclose, which are "material" will result in the property division being reopened.
Retroactive Alimony in Colorado Prior to Divorce Filing
Rental Income & Child Support – Deduct Mortgage Principal?
Colorado Court upholds as withing trial court discretion a refusal to deduct principal repayment from rental income for purposes of child support.
Colorado Child Support Guidelines: Need Findings to Deviate
Courts must follow the Colorado child support guidelines unless the judge makes specific findings on the grounds to support a deviation.
Alimony in Colorado vs Early Retirement and 95% Pay Cut
Colorado Court upholds alimony in Colorado award against physician who said he planned to take a 95% pay cut and move to Cambodia.
Divorce Business Valuation – Excess Earnings vs Sale Price
A closely held business will often require a divorce business valuation, typically using the income approach, to determine its value.
House “Gift” Not Separate Property in Colorado Divorce
A spouse's parents who were never on the title cannot "gift" the house to the spouse and create separate property.
Colorado Paternity Case Before Birth, Not Child Custody
A Colorado paternity case can be commenced before birth, but the court lacks custody jurisdiction if the pregnant mother leaves before giving birth.
Military Disability Retirement in a Colorado Divorce
There are a wide variety of military disability retirement and benefit programs available to veterans, each treated differently in family law cases.
Late to Court, Colorado Judge Denies Right to Jury
Proper court decorum also means you are not late to court. If you are, not only could you upset the judge, but you may lose valuable rights.
Emergency Custody in Colorado Not Need Imminent Harm
Court holds that emergency custody requires a parent to simply allege imminent harm in a motion to restrict parenting, not to prove it at the hearing.
Destroy Frozen Embryos After Divorce, Per Colorado Court
Colorado court holds that a husband's interest against forced procreation after divorce outweighs the wife's desire to donate frozen embryos.
Common Law Divorce in Colorado? Absurd!
There is no shortcut common law divorce in Colorado - the procedure to dissolve a common law marriage is the same as for a ceremonial marriage.
Colorado Family Support Registry (FSR): What You Should Know
The Colorado Family Support Registry, or FSR, is a state agency which receives and disburses child support & maintenance payments.
Hague Convention Grave Risk to Child Case hits Supreme Court
The U.S. Supreme Court issued a Hague Convention decision on the interplay between grave risk of harm to a child vs ameliorative measures to protect the child.
Present Ability to Pay Arrears Required for Contempt
Before imposing a sanction for remedial contempt of court for nonsupport, the judge must find that the contemptor has the present ability to pay the arrears.
Joint Decision-Making for Extracurricular Activities & Camp?
Joint decision-making typically applies to major decisions, while minor, or day-to-day decisions are up to the parent who has that day. The line can be blurred.
Property Equalization Payment Not Substitute for Alimony
Yet again, the Colorado Court of Appeals reversed a trial court which conflated property with support, and used an equalization payment in lieu of maintenance.
Right to Counsel in Contempt Cases Before Sentence of Jail
Colorado court holds that indigent person has the right to counsel at state expense in a state-initiated contempt proceeding where jail is a possible sanction.