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…
Adultery – Infidelity Clause in Prenup or Postnup Agreements
It is questionable whether an infidelity clause in prenup or postnup agreements which penalizes adultery would be enforceable in Colorado.
Omitted Asset? Cannot Reopen Colorado Divorce if Knew of It
An omitted asset may be ground to reopen a property division in a Colorado divorce, but not when the complaining spouse actually knew of it.
Tax and Divorce in Colorado – What You Need to Know
Discusses tax and divorce issues, including using tax documents to establish residence, and how to file after divorce, legal separation or annulment.
Pension and Divorce Miscalculation By Other Side? Tough Luck
Courts will divide a pension and divorce disclosures include pension documents. But a pension miscalculation did not justify reopening the case.
How is Child Support Jurisdiction Determined in Colorado?
The Uniform Interstate Family Support Act (UIFSA) has requirements for states to exercise initial child support jurisdiction, as well to modify orders.
Emergency Child Custody Motion Fails, Then Modify Parenting
Court rules that if an emergency child custody motion is not granted, the same allegations can support a later motion to modify parenting time.
Colorado Child Support Payments for Disabled Child Over 19
Colorado Court orders child support payments for disabled child who could not care for herself without help, despite finding only "partial disability,"
Welcome to Family Law Attorney John Nalley
John Nalley, a veteran family law attorney with more than 10 years of experience as a domestic relations attorney, has joined the Graham.Law team.
Payee’s Voluntary Unemployment Off-Limits for Alimony
When husband's income reduction insufficient to trigger alimony modification, court may not consider wife's potential voluntary unemployment.
Future Commissions Approved as Income for Alimony
Colorado Court of Appeals affirms trial court adding husband's anticipated future commissions to his income for purposes of determining alimony.
Private School, Child Support, And Who Chooses the School
When parents disagree on major decisions, including school choice, the court may choose. And private school fees may be included in child support.
Discounted Attorney Fees Are Financial Resources in Divorce
A spouse receiving discounted attorney fees may be treated as a financial resource the court considers when awarding the other spouse legal fees.
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.