Section 1031 Exchange Not Capital Gains in Colorado Divorce
Capital gains normally count as income, but are excluded when a parent sells rental property, then does a Section 1031 Exchange and buys new rental property.
Avoid Contempt: Pay What One Can Afford, Sell Assets
The Court of Appeals issues a new contempt decision discussing several contempt rules, and holding that inability to pay includes having assets one could sell.
Must Order Specific Parenting Time, Cannot Delegate to Child
The Colorado Court of Appeals has ruled that a trial judge must order enforceable specific parenting time, and cannot delegate veto authority to a child.
No Order to Refinance the Mortgage After Court Enters Decree
The Colorado Court of Appeals reversed as an improper property modification, a court which, months after a divorce, ordered a spouse to refinance the mortgage.
Not Dissipation of Assets When Funds Spent on Family
The Colorado Court of Appeals upheld a finding of no dissipation of marital funds when the funds were deposited into a shared account and spent by both spouses.
Coronavirus – Colorado Family Law Safety Under COVID-19
Colorado courts & Graham.Law are open during Covid-19, but to keep safe from coronavirus, we are primarily conducting business telephonically & via email.
Appeal Not Deprive Trial Court of Family Law Jurisdiction
Per the newly-enacted HB 21-1031, Colorado trial courts will keep jurisdiction to modify parenting & support issues while a case is on appeal.
Parent Risks Child Custody Over Confederate Flag
A New York appellate court has ruled that a Confederate flag-painted rock is contrary to the best interests of a parent's mixed-race child.
Court Has Jurisdiction Over Attorney’s Fees After Dismissal
The Colorado Court of Appeals held that dismissal of a divorce case did not terminate the spouse's obligation to pay attorney's fees already awarded.
Endangerment Needed to Change Child Custody After Violation
The Colorado Court of Appeals has held that modifying the primary parent as a remedy for a custody violation still requires meeting the endangerment standard.
American Rescue Plan Covid Stimulus Checks & Divorce
The 2020 American Rescue Plan has resulted in even larger checks for families, which means even more disputes on who should receive the children's payments.
Same-Sex Adultery is Grounds for Fault Divorce (in N.H.)
The New Hampshire Supreme court has ruled that same-sex adultery is grounds for a fault-divorce, the same as heterosexual adultery.
Uniform Parentage Act Limits Child to Only 2 Parents
While recognizing possible reasons for more than two parents, the Colorado Court of Appeals held that the Uniform Parentage Act allows only 2 legal parents.
Oral Agreement Not Valid Prenuptial or Postnuptial Agreement
The Supreme Court rejected an oral agreement exclude retirements and inheritances from marital property, holding an agreement must be in writing and signed.
Spousal Deed Not Create Separate Property in Divorce
The Supreme Court held that a property deed between spouses does not create a new way to create separate property; it must meet a statutory exception.
Vaccines vs. Religion in a Colorado Child Custody Case
The Colorado Court of Appeals held that one parent's religious objection to vaccines does not require proving "substantial harm" in addition to endangerment.
Business “Phantom Income” & Child Support
The Court of Appeals has held that a court must address whether to consider undistributed business earnings, or "phantom income" for purposes of support.
Massive Retroactive Temporary Maintenance Award Okay
The Colorado Court of Appeals held that trial courts have broad discretion to award temporary alimony, including pre-hearing retroactive temporary maintenance.
Common Law Marriage Must Consider Intent, Not Just Conduct
The Colorado Supreme Court holds that couples may not all have the same intent behind their conduct when determining whether a common law marriage exists.
Common Law Marriage New Framework from CO Supreme Court
In a major decision, our Supreme Court held that objective factors are not evidence of common law marriage, just evidence of the parties' intent to be married.