Graham.Law Blog

The Colorado Court of Appeals just held that deferred compensation payments from an employer to a non-qualified plan (i.e. it’s not a retirement account under ERISA) do not count as income for purposes of child support. N.J.C. In the N.J.C. case, the father was a cardiologist, who earned a salary of $150,000/yr, plus…

Rent is income – that’s pretty clear. The IRS requires you to declare rental income received on a Schedule E, and the Colorado child support statute’s definition of income includes “rents”. (5)(a)(I)(J). The maintenance statute has a similar provision. (8)(a)(I)(J). And Colorado courts will impute income to people who are voluntarily under-employed and…

In a Colorado divorce or parenting case, the parents owe their children a duty of support. While monthly child support payments are the most visible example of this, the Colorado child support statute includes a variety of other child expenses which the parents share. Included among these shared expenses are…

In what has become an annual tradition, Colorado’s 4th Judicial District (El Paso & Teller Counties) helps the community with a fantastic information event every May, in honor of Law Day. For the third consecutive year, dozens of attorneys & other professionals in the community volunteer their time to answer…

Does the post-9/11 GI Bill count as income to a party for the purposes of determining maintenance and child support? The answer is “partially” – the monthly housing allowance counts, but not the tuition assistance or the book/supply stipend. This is a rare “case of first impression” in Colorado, which…

Each spring, family law attorneys in Colorado hold our collective breaths waiting to see what bills emerge from the Colorado assembly that affect divorce and family law. This year, our patience was rewarded with House Bill 19-1215, signed by Governor Polis on May 23, 2019. The act makes several changes to…

Can I stop paying child support at 18? No. One of the biggest myths in (Colorado) family law is that child support ends when a child turns 18. After all, at 18 one is legally an adult –  Junior is old enough to vote, work, join the military, and in general…

In a groundbreaking new decision, the Colorado Court of Appeals has ruled for the first time that a non-parent can be ordered to pay child support to the child’s biological parent. A.C.H. In short, the court held that a person who seeks court-ordered parental rights should also be required to pay…

Does Winning the Lottery Affect Alimony or Child Support? The Huffington Post has an article this week entitled Woman Asks Ex Who Won Mega Millions Lottery: Can I Stop Paying Alimony? During the marriage, the wife had been the primary breadwinner, and was ordered to pay 5 years of alimony upon divorce last fall….

What Is Income? Social Security is a hot, complicated mess for family law attorneys. No, I don’t mean to start a political debate as to whether the program will still be around when we retire, or how to save it. Rather, it’s understandable that the largest government benefit program in…