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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.
Nonparent With Custody in D&N Case Not Owe Child Support
A third party nonparent who assumed parental responsibilities in a dependency & neglect case where the parents were found unfit does not owe child support.
Parenting Decision-Maker Cannot Modify Child Support
Courts can appoint a decision-maker to help parents in contentious cases to help implement the parenting plan, but not to modify parenting or child support.
Remedial Contempt: No Attorney’s Fees Without Purge Clause
In order to order attorney's fees as a sanction for remedial contempt of court, the court must order a "purge clause" to bring the violator into compliance.
Contempt of Court in Colorado Not Always Have Remedy
A Colorado judge can find a party in contempt of court, and still have the discretion to decline to impose remedial or punitive contempt sanctions against him.
Commingled Assets Not Defeat Separate Property in Prenup
Agreeing in a prenup to use the "net appreciation" method means that commingled assets in a separate account did not make the account marital property.
Grossly Unequal Property Division Needs Specific Findings
The Court of Appeals reversed a grossly unequal property division where one spouse received 98% of the assets without any specific findings by the judge.
Imputing Income to Student Requires Voluntary Unemployment
Prior to imputing income to a party, the court must make findings supporting that the parent is voluntarily underemployed or unemployed (i.e. "shirking")
Biological Father Paternity Void if Exclude Presumptive Dad
Court order voids finding that biological father was child's parent when presumptive father was not made a party to the original case, and was only added later.
Financial Resource Includes Savings & New Spouse Assets
Recent Colorado court ruling includes as financial resource for contempt and maintenance the payor's savings, and, to some degree, new spouse's assets
Any Nonparent May Seek Parenting If Child Not With Parent
The Colorado Court of Appeals has held that any third party nonparent may seek parenting time when the child is not living with a parent.
Award Winning
