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Retirement is Both Income & Property in a Colorado Divorce
When retirement benefits are being paid, the Colorado Court of Appeals reminds us that the monthly payments are both income, and divisible property.
Are Financial Disclosures Required in a Colorado Divorce?
The Colorado Rules of Civil Procedure require both parties in a domestic relations case to provide financial disclosures, even if there is an agreement.
Child Abuse Against Other Children Relevant to Child Custody
The Court of Appeals held a court must consider child abuse against children other than the child in the custody case, but no specific findings were needed.
International Child Custody Dispute at U.S. Supreme Court
In a rare international child custody dispute, the Supreme Court ruled the parents need not agree on a child's habitual residence under the Hague Convention.
FERS and Military Retirement – No Credit for Vesting Period
FERS and military retirement have some overlap with the ability to buy credit, but military service does not count towards the FERS vesting period.
Determine Property Before Alimony in a Colorado Divorce
The Court of Appeals reversed a trial court which first accepted the maintenance agreement, then based the property division upon the alimony waiver.
Promissory Note Needed for Family Loan at Divorce
Without actual evidence of a loan from family, such as a promissory note, a spouse in a divorce risks the trial court finding no such loan exists.
Child Support Agreement Cannot Restrict Modification
Court rules that parents that they cannot sign a child support agreement which prevents future courts from modifying support, even as part of a grand bargain.
Separate Property Increase is Marital in Colorado Divorce
The Colorado Court of Appeals recently reminded trial courts that a separate property increase in value is marital property, to be divided equitably.
Retroactive Child Support Modification – 5-Year Limit
The 2017 retroactive child support changes to the Colorado statute apply apply to all motions to modify support, even if the change in custody occurred earlier.
Veterans Benefits for Divorced Spouses – Not Divisible
Colorado court upholds denial of veterans benefits for divorced spouses when spouse sought additional property as offset for VA disability.
Colorado Maintenance Guidelines Not Automatic, Need Evidence
Colorado’s statutory maintenance guidelines do not relieve a court from the requirement to apply the statutory factors before awarding alimony.
Move Children? Angelina Jolie Can’t Relocate Kids Either
Relocation? No. Superstar actress Angelina Jolie faces the same problem as “normal” divorced parents when it comes to trying to move children out of state.
Dispute Resolution? Trial By Combat Fail in Divorce Case
Colorado encourages parties to resolve their family law cases outside of court, but trial by combat is not an approved means of dispute resolution.
Interspousal Transfer Deed Creates Separate Property
A spouse who voluntarily conveyed property to his spouse by interspousal transfer deed did in fact create separate property for the spouse.
Deferred Compensation Not Income for Child Support
The Colorado Court of Appeals ruled that deferred compensation which the employee cannot access does not count for child support or maintenance.
Teaching Family Law to Colorado Judges
Our managing partner, Carl Graham, was honored recently to be part of an AAML panel teaching family law to judges from southern Colorado.
Colorado Marital Agreement Must be in Writing
The Colorado Court of Appeals just held that a marital agreement (prenup or postnup) must be in writing to be legally binding; a verbal agreement is not valid.
Another State Abolishes Common Law Marriage
Now that South Carolina has abolished common law marriage, Colorado is one of a small fraction of states still recognizing it.
Imputed Rental Income & Colorado Divorce
Rent is income for purposes of support, but the Court of Appeals held that a judge cannot impute rental income for a rent-free roommate in a primary residence.
Award Winning
