Graham.Law Blog

Last month the Colorado Court of Appeals considered the appropriateness of a trial court including in a party’s income undistributed business earnings never actually paid to him, or “phantom income.” In Hills, the husband had a 2% partnership interest in a company. but as an “economic unit partner”, he was…

Ohio Trial Court Ordered Procreation Ban for Child Support Arrears When browsing my typical news sites, this headline from a Courthouse News article about a child support arrears case literally jumped off the page at me: “Ohio Supreme Court Rules Man Can’t Be Ordered to Abstain From Procreation.” It kind…

VA Disability Payments are Income The Colorado Court of Appeals just issued a new VA disability and child support decision in what the court itself regarded as an unsettled issue: “As a matter of first impression in Colorado, whether a provision of the Uniformed Services Former Spouses’ Protection Act (USFSPA)……

Suspend License to Enforce Child Support State Child Support Agencies have a lot of arrows in their quivers to enforce child support arrears – contempt of court proceedings, as well as a variety of civil measures such as garnishing wages, seizing tax returns or bank accounts, suspending professional licenses, triggering a passport…

In a case of first impression in Colorado, the Court of Appeals addressed the issue of whether a trial court can order a parent to designate the other parent as representative payee of his Social Security benefits (specifically, SSDI), as part of a court order. Colorado law on treatment of…

A new Colorado Court of Appeals decision overturned the trial court’s dismissal of a child support case after the judge failed to allow a witness to testify by telephone. S.C. concerned remote testimony, or a telephonic court appearance, in an interstate child support case. Family support cases are governed by…

“Adequate Financial Support” No Longer Adequate Per AFI 36-2906 While all of the branches of the U.S. Armed Forces require their personnel to provide temporary family support to family members during separation, the Air Force family support standards in AFI 36 2906 were, for a long time, the only ones…

When the parents of a child separate, Colorado law provides for the payment of child support. Child support is directed by a mathematical formula set forth in . While the amount of support is affected by almost a dozen factors, by far the most important are the incomes of mother…

Your Family Support Obligation & Covid-19 Even before Gov. Polis issued a statewide stay-at-home order, many families were already struggling with how to handle child custody orders and Covid-19. The updated stay-at-home order makes it clear that parenting exchanges are not suspended, and that parents should be compliant with any court…

Deviation From Child Support Guidelines Cannot Be Permanent With limited exceptions, courts are required to apply Colorado’s Child Support Guidelines when determining an appropriate amount of child support. And that means when parents sign a child support agreement, they too must generally adhere to the guidelines. And while parents may agree to…