Graham.Law Blog

Hidden Assets and the Duty to Disclose in a Divorce The Colorado Rules of Civil Procedure require spouses in a divorce case to be fair with each other, and that includes providing exhaustive financial disclosures. And there is no hiding things – not only do the disclosures make this difficult…

Typically, courts have considered whether to award a spouse retroactive alimony back to the date of service of the summons, as that is the date the court acquires jurisdiction over the parties. But is that date written in stone, or can a court go back further? The issue of retroactive…

Per the Colorado child support statute, gross income includes “rents”, i.e. rental income. (5)(a)(I)(J). But surprisingly, there is little judicial guidance as to how exactly rental income should be calculated for purposes of child support or alimony. We last wrote about rent and family support exactly 3 years ago, when…

Limited Authority to Deviate from Colorado Child Support Statute In an unpublished decision, the Court of Appeals reversed a trial court which deviated downward from the Colorado Child Support Guidelines without making specific findings as to the reasons. While Colorado’s child support guidelines are not written in stone, the statute…

The Colorado Court of Appeals recently issued an unpublished decision where a successful surgeon testified he planned to pack it all in, sell his medical practice to his partner for $40K (the trial court found it was worth 44 times that value, or $1.76m), and forsake his compensation of $720K/yr…

Business Valuations in a Divorce When a spouse in a divorce owns a business, that business is a marital asset which is divided at divorce as part of the marital estate. And that means determining the value of the business. But unlike publicly traded companies, where the stock price can…

An interesting brand new unpublished decision from the Colorado Court of Appeals reversed a trial judge who found that the marital residence allegedly gifted to the wife during the marriage by her parents was the wife’s separate property. Under Colorado law, property acquired during the marriage is presumptively a marital…

Can a father file a case to establish Colorado paternity before the child is actually born? The Colorado Court of Appeals recently approved of that practice, however to the extent the father’s goal is to try to get parenting set up before birth, that is not a realistic goal. And…

Any family law attorney will at some stage have initiated or defended against a motion to restrict parenting time, which is what Colorado calls an emergency custody proceeding. While most child custody motions move at a normal judicial pace, a motion to restrict is addressed almost immediately, with a same-day…

Divorcing couple battles over frozen embryos. This is a legal headline family law attorneys have seen repeatedly throughout the years, and with the expansion of IVF technology, courts are trying to lay out coherent rules to follow for disposition of frozen embryos in a divorce. Three years ago we wrote…