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Potential Bonus Not Divisible Property in Colorado Divorce
The Court of Appeals has ruled that a potential bonus, without a contractually enforceable right, is too speculative to be a divisible marital asset.
Cannot Modify Maintenance Because “I’ve Paid Enough”
The Colorado Court of Appeals has held that a trial court cannot consider that the obligor has "paid enough" when considering whether to modify maintenance.
Psychological Parent’s Rights Not Terminated by Adoption
The Colorado Court of Appeals recently held that a psychological parent's visitation rights over a child were not terminated by a stepparent adoption.
Court May Order PERA Co-Beneficiary in Colorado Divorce
The Colorado Supreme Court held that the plain language of the statute provides the family law judge with authority to order PERA co-beneficiary benefits.
Court Can Order Child Vaccines When Parents Disagree
The Kentucky Court of Appeals recently upheld a trial court decision ordering child vaccines, overriding one parents' religious objections.
Stock Appreciation Rights (SARs) are Property in Divorce
The Colorado Court of Appeals has held that Stock Appreciation Rights (SARs) are divisible property in a divorce, like stock options or restricted stock grants.
Bogus Lawyer Vanity Awards – Federal Government Warning
The federal government has warned the public of bogus lawyer vanity awards - nothing more than paid advertising masquerading as awards.
Voluntary Unemployment vs Ability to Pay in a Contempt Case
The Colorado Court of Appeals just held that finding of voluntary unemployment is not sufficient to prove ability to pay in a remedial contempt case.
VA Disability and Divorce: Indemnity Voided Retroactively
VA disability and divorce creates even more chaos, this time as a Colorado court retroactively voided a years-old order to indemnify for a VA waiver.
Colorado Minimum Wage Increase for 2022
On January 1, 2022, Colorado's minimum wage will increase to $12.54/hr, or $2177/mo. Minimum wage is often used to impute income to a non-working parent.
New Colorado Parental Responsibility Evaluator Directive
Colorado's Chief Justice has issued a directive governing appointments of a Parental Responsibility Evaluator (aka "custody evaluator") in parenting cases.
Fraudulent Irretrievable Breakdown Claim Voids Decree
The Colorado Court of Appeals set aside the agreement where a couple falsely an irretrievable breakdown in the marriage to obtain a decree of legal separation.
Covid-19 Vaccine: Another Parent Loses Child Custody
NY Court slams a parent who had not received the Covid-19 vaccine for listening to "conspiracy theories" and restricted his parenting time.
Unvaccinated Parent (Briefly) Loses Child Custody
In what appears to be a family law first, a judge briefly restricted an unvaccinated parent's time with her child until she received the Covid-19 vaccines.
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.
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