Graham.Law Blog

In 2024, the Colorado Court of Appeals continued the trend of not allowing any judicial relief when a military retirement shrinks due to either VA disability or a Chapter 61 disability retirement. Before the U.S. Supreme Court’s Howell decision in 2017, Colorado was among the majority of states that required…

Remedial Contempt of Court – Pay Up or Go to Jail Remedial contempt of court is a process by which a court will give a party who violated a court order an ultimatum – comply with the order, or else. And the “or else” typically means a deadline for compliance,…

Security for Payment Ensures Compliance President Reagan once said about the Soviet missile program “trust by verify.” And in a wide variety of transactions you may see performance bonds, payment bonds, performance liens, security interests, etc. They ensure all are different measures to ensure security for payment. In Colorado family…

We’ve written about this before – simply proving that the other side failed to pay court-ordered support is not sufficient for contempt of court. The court must also find that he had the ability to pay during the time he failed to pay, and, just as important, that he has…

It seems that contempt of court has had a lot of attention from the Colorado Court of Appeals in recent months – while the right to counsel issue has not arisen recently, we have written about decisions pertaining to contempt including the requirement that remedial contempt have a “purge clause”…

Contempt is one of those areas of family law which seems easy – one party is violating the order, so is found to be in remedial contempt of court. However, the reality is far from simple, and as we just wrote about in a recent blog, not every legal right…

Ah yes – contempt of court! Your opponent violated a court order, and you, as the aggrieved party, are going to get justice at last. After all, surely it is true that every legal right has a remedy (a Latin phrase, Ubi jus, ibi remedium, which is sometimes misquoted as…

It seems the issue of what counts as a financial resource in a contempt or maintenance case still results in seemingly contradictory decisions from the courts. We recently wrote a post discussing the Sheehan case, where the Colorado Court of Appeals held that a trial judge could not find a…

The Colorado Court of Appeals last week issued a new ruling on the interplay between imputation of income and voluntary unemployment which will make bringing contempt cases for non-support more complicated. (Note that this particular case involved voluntary underemployment, not voluntary unemployment, but the analysis is the same either way)….

The Colorado Court of Appeals recently issued a new contempt decision which somewhat wraps up the law already set forth in prior cases, but also includes a new twist – ability to pay means taking into consideration that the payor has assets he could sell to generate revenue. In Evans,…