Category: Family Law

When Do Children Become Emancipated?

In Colorado, child support goes until the child turns 19. So for at least for child support purposes, a child is emancipated when the child turns 19. In many instances, a child would have graduated from high school and might even attending college, but still, there will be a child support order. Child support can […]

Visitation and Child Support

If child support payments are not being made, should child visitation continue? Actually these are two separate issues. Whether or not you’re paying child support or receiving child support is a separate issue from parenting time. This is a mistake that a lot of parents make. They think that because one parent is not paying […]

What To Expect Post Divorce?

We have to look and see are there any assets that we need to complete their division. After the divorce decree is entered, a lot of times we are dividing up a retirement account. The issue then becomes is this a 401(k) account that requires a qualified domestic relations order? Is this a para or […]

What Is A Child and Family Investigator v. Parental Responsibilities Evaluation?

What is a Child and Family Investigator (CFI) as compared to a Parental Responsibilities Evaluation (PRE)?  So when do you need one of these experts? The court can appoint a CFI or a PRE if there are disputes regarding parenting time, decision making, what is in the best interests of the child. A Child and […]

What Is Mediation & What Are The Advantages?

Mediation is a process where the parties try to reach an agreed-upon resolution of their situation with the assistance of a mediator. A mediator is a neutral third party who has been trained in the mediation process. There are a lot of different mediators out there. There are mediators that have been approved by the […]

What To Do If Your Ex Is In Violation Of The Parenting Plan

The first question to ask yourself is why is your ex is in violation of the parenting plan? Is there a specific reason why? Is it something that you could fix by having a dialogue with your ex? Does your parenting plan have a mediation provision? If it does, you might want to look and […]

Can I Request Back Child Support During An Initial Hearing?

It depends on what your situation is and whether or not there is a paternity case, an allocation of parental responsibility’s case, or a dissolution of marriage case. Basically, what we look at is the date that the case was filed. So for example, in a dissolution of marriage case, we look at the date […]

Can A Child Decide Which Parent They Want To Live With?

Well, the answer to that is yes and no. First off, it depends on the age of the child. If the child is under 13 years of age, generally we feel like the child is too young to decide which parent they want to live with. If the child is reasonably mature and generally a […]

What Are Parenting Classes and Will I Need To Take Them?

In Colorado, a parenting class is required in all dissolution of marriage or allocation of parental responsibility cases. Upon the commencement of the case, the court will issue a case management order, and one of the aspects of that case management order is the requirement for both parties to take a parenting class. The focus […]

When Can A Child Support Order be Modified?

I get asked this question quite a bit. The applicable statue is 14-10-122. Essentially modification can occur under several circumstances. The most common circumstance is a change in income or number of overnight visits with the other parent that results in more than a 10% change in the support obligations that’s due. A change of […]