Joint Decision-Making Impasse Means Judge Decides
Court holds when parents with joint decision-making cannot agree on a major decision (in this case, school choice), the trial court may make the decision.
Child’s School Choice Disagreement & Joint Decision-Making
The Colorado Supreme Court will soon decide on the powers of a court over a child's school choice when parents with joint decision-making disagree.
Covid-19: Masks Mandatory in 4th Judicial District Courts
Thanks to rising Covid-19 cases, Chief Judge Bain has imposed a mask mandate on the El Paso & Teller County Courthouses in Colorado's 4th Judicial District.
Non-Modifiable Maintenance Still Terminates Upon Remarriage
The Colorado Court of Appeals held that a generic non-modifiable maintenance clause did not override the statute ending maintenance upon the payee's remarriage.
Maintenance Modification Not Need Full Findings by Court
The Colorado Court of Appeals has held that the a trial court may make statutory findings for a maintenance modification, but is not required to do so.
2021 Colorado Child Support Changes – Interest Rate Lowered
A new law changes Colorado's child support statute to reduce the interest on arrears to 8%, and allow courts to waive interest on arrears.
Covid Conquered? 4th Judicial District Courthouses Reopen
After more than a year of Covid-19 closures, the 4th Judicial District (El Paso & Teller Counties) will reopen to the public on July 6, 2021.
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.
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.
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.