Colorado Questions & Answers by Practice Area
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Colorado Questions & Answers
Q: Can my ex allow her boyfriend to sleep over w/ our two small children if she co-sleeps w/them in a 1 bed. Apoartment?
Tristan Kenyon Schultz's answer
Sharing a bed is legal and having guests/boyfriends is legal. If you are legitimately concerned about the health and safety of the children you can seek outside review, but be aware that if CPS or the courts feel the allegation is without merit you will be penalized (and likely pay court costs/attorney's fees for the other side).
Sharing a bed is legal and having guests/boyfriends is legal. If you are legitimately concerned about the health and safety of the children you can seek outside review, but be aware that if CPS or the courts feel the allegation is without merit you will be penalized (and likely pay court costs/attorney's fees for the other side).
Q: MY MOM GAVE ME AND MYHUSBAND SOME PROPERTY IN NE MEXICO IF I DIVORCE HUSBAND IS HE ENTITLED TO PROPERTY?
Tristan Kenyon Schultz's answer
Without reviewing your case I cannot say for certain, but if you will be filing in Colorado property gained by inheritance is excluded from the marital estate in the overwhelming number of cases (the exceptions are relate to the inherited property being sold and the proceeds going to the purchase of jointly owned property). I recommend that you speak to a lawyer about this and the rest of the divorce (many attorneys offer unbundled services for $800-$1000).
Without reviewing your case I cannot say for certain, but if you will be filing in Colorado property gained by inheritance is excluded from the marital estate in the overwhelming number of cases (the exceptions are relate to the inherited property being sold and the proceeds going to the purchase of jointly owned property). I recommend that you speak to a lawyer about this and the rest of the divorce (many attorneys offer unbundled services for $800-$1000).
Q: tax deduction on home rental in two places
Tristan Kenyon Schultz's answer
Rent is not a tax deduction at the federal level. Some states (e.g. Massachusetts provides a deduction in certain limited circumstances), but most do not (Colorado does not). If any portion of the rent was for the payment of property taxes, that portion can be claimed on a Schedule A of a federal 1040 (rare for most rentals).
Rent is not a tax deduction at the federal level. Some states (e.g. Massachusetts provides a deduction in certain limited circumstances), but most do not (Colorado does not). If any portion of the rent was for the payment of property taxes, that portion can be claimed on a Schedule A of a federal 1040 (rare for most rentals).
Q: My Daughter is on probation from a DUI, consequences not passing urine test?
Tristan Kenyon Schultz's answer
If she fails at minimum it will be reported to the DA and judge. There is a certain amount of discretion that the DA and judge have on the matter (too many factors to list), but at worst her probation will be revoked and her original sentence will be reinstated. The more likely outcome will be an extension of probation, a fine, more frequent testing, and/or a few days in jail and then rerelease on probation. Two of the biggest factors will be (1) the degree of the violation and (2) the number...
If she fails at minimum it will be reported to the DA and judge. There is a certain amount of discretion that the DA and judge have on the matter (too many factors to list), but at worst her probation will be revoked and her original sentence will be reinstated. The more likely outcome will be an extension of probation, a fine, more frequent testing, and/or a few days in jail and then rerelease on probation. Two of the biggest factors will be (1) the degree of the violation and (2) the number...
Q: How do I find a sliding scale or pro bono lawyer?
Stephen J. Plog's answer
Look on the internet for someone who might offer pro-bono services or call Colorado Legal Services.
Look on the internet for someone who might offer pro-bono services or call Colorado Legal Services.
Q: Filed Motion to Compel under CRCP 16.2, waited for documents to be provided and still have not. Next step?
Stephen J. Plog's answer
If court entered an order regarding your motion it would have set forth what would happen if not complied with. If court did not respond to motion you should contact court.
If court entered an order regarding your motion it would have set forth what would happen if not complied with. If court did not respond to motion you should contact court.
Q: What do I do if I the non-custodial parent isn't fostering a healthy relationship with the custodial parent?
Stephen J. Plog's answer
You have the right to file a motion to modify the parenting time, which can include the court entering orders prohibiting your ex from bringing up these issues. The problem becomes how do you really know. Additionally, it can be difficult to prove what the ex is saying in that your child's statements to you will not be admissible in court, as they are 'hearsay.' The way to get around this may be to get a child and family investigator on board. Your son's statements to that person would...
You have the right to file a motion to modify the parenting time, which can include the court entering orders prohibiting your ex from bringing up these issues. The problem becomes how do you really know. Additionally, it can be difficult to prove what the ex is saying in that your child's statements to you will not be admissible in court, as they are 'hearsay.' The way to get around this may be to get a child and family investigator on board. Your son's statements to that person would...
Q: Can you tell me if something needs to be served 14 days prior to a divorce trial?
Stephen J. Plog's answer
It is difficult to answer your question without knowing more facts. Based on the limited information, I am going to presume you might be referring to a subpoena. A subpoena to produce something at trial, such as documents, must be served on the subpoenaed party at least 14 days prior to hearing. Beyond that, I cannot think of a deadline that tolls 14 days prior to hearing. Perhaps your exhibits, though generally attorneys exchange 7 days prior and sometimes 10. You may want to look at...
It is difficult to answer your question without knowing more facts. Based on the limited information, I am going to presume you might be referring to a subpoena. A subpoena to produce something at trial, such as documents, must be served on the subpoenaed party at least 14 days prior to hearing. Beyond that, I cannot think of a deadline that tolls 14 days prior to hearing. Perhaps your exhibits, though generally attorneys exchange 7 days prior and sometimes 10. You may want to look at...
Q: Can you tell me if something needs to be served 14 days prior to a divorce trial?
Tristan Kenyon Schultz's answer
Which documents do you need to file (some require personal service and others can be mailed/efiled/etc)? Contact the Family Court Facilitator (found on the notification of the initial status conference form that you should have from the court) for guidance.
Which documents do you need to file (some require personal service and others can be mailed/efiled/etc)? Contact the Family Court Facilitator (found on the notification of the initial status conference form that you should have from the court) for guidance.
Q: what kind of lawyer do I need to talk to about answering a judgement summons? It is a medical debt.
Tristan Kenyon Schultz's answer
I would recommend that you contact a general practice attorney. Any attorney can handle this type of work, but some specialists may not because they limit the scope of law they cover. Lastly, you can file a reply pro se (w/o a lawyer) and have an attorney appear after the filing (do not wait for too long to find an attorney though...).
Turning to the substance of your case. The doctor's office has simply filed a claim for repayment related to your outstanding medical bill. If you feel...
I would recommend that you contact a general practice attorney. Any attorney can handle this type of work, but some specialists may not because they limit the scope of law they cover. Lastly, you can file a reply pro se (w/o a lawyer) and have an attorney appear after the filing (do not wait for too long to find an attorney though...).
Turning to the substance of your case. The doctor's office has simply filed a claim for repayment related to your outstanding medical bill. If you feel...
Q: Can I still get a motion to modify child support if my daughter is staying with family?
Tristan Kenyon Schultz's answer
If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).
If your daughter is not living with you for a significant period of time, you will not qualify for modification unless your ex agrees to the modification (i.e. you likely will not qualify for a contested modification).
Q: Retroactive child support when we do no mutually agree to a change in physical care occurred?
Tristan Kenyon Schultz's answer
(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test (here:http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ) - if you meet the test you can claim the child(ren). Turning to your chances, it is hard to say without reviewing your case - you will be...
(1) you can challenge the support payments for your daughter if she lived with you, but must also petition (and receive) a custody modification for the time you increased custody with your daughter. (2) claiming a dependent is not based on child support, it is based on a 4-part test (here:http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ) - if you meet the test you can claim the child(ren). Turning to your chances, it is hard to say without reviewing your case - you will be...
Q: I am married to my husband but finance wants to see proof that I am supporting him. What can I do?
Tristan Kenyon Schultz's answer
I'm not sure what you mean by finance. If you are referring to a loan - most loans require proof of income, etc. If you are supporting your husband showing your joint tax return should meet the requirement. If I didn't answer you question feel free to resubmit a question.
I'm not sure what you mean by finance. If you are referring to a loan - most loans require proof of income, etc. If you are supporting your husband showing your joint tax return should meet the requirement. If I didn't answer you question feel free to resubmit a question.
Q: I have a 5 year old and 7 year old. I'm divorced. Do I have to let her know where I live?
Tristan Kenyon Schultz's answer
First review your separation/custody agreement to see if you are required to disclose your address (most require disclosure). As a general rule, you are required to disclose your address if there is an exchange of the children or you are lawfully exercising you parenting time. If you are only paying child support to the Child Support Office, the office will need your address, but your ex may not necessarily need your address. If your ex is causing problems at your residence you can call the...
First review your separation/custody agreement to see if you are required to disclose your address (most require disclosure). As a general rule, you are required to disclose your address if there is an exchange of the children or you are lawfully exercising you parenting time. If you are only paying child support to the Child Support Office, the office will need your address, but your ex may not necessarily need your address. If your ex is causing problems at your residence you can call the...
Q: My daughter used to live with me up until Jan 19. She is 23. She moved out Jan 19, and took most of her belongings.
Tristan Kenyon Schultz's answer
It is not correct. Leaving property at a residence for an indefinite period does not prevent you from changing the locks, but I would not damage/destroy/dispose of your daughter's property or change the lock for a period of time until you are sure the items are abandoned and your daughter has surrendered residency (a reasonable person standard). If you want to error on the side of caution, you can treat your daughter like a tenant that left property at a leased property that you own - give her...
It is not correct. Leaving property at a residence for an indefinite period does not prevent you from changing the locks, but I would not damage/destroy/dispose of your daughter's property or change the lock for a period of time until you are sure the items are abandoned and your daughter has surrendered residency (a reasonable person standard). If you want to error on the side of caution, you can treat your daughter like a tenant that left property at a leased property that you own - give her...
Q: My ex refuses to close a order for child support in MO due to a new one on a P. Plan in Colorado how can I get one order
Tristan Kenyon Schultz's answer
Wow, what a mess! It may be possible to consolidate the cases in a single jurisdiction, but this is no guarantee. The biggest hurdle will be whether a judge in CO and MO have started hearing the cases on the legal merits - if they have, dismissing, removing or consolidating is based on judicial discretion. Since the judge will be waiving jurisdiction it is unlikely they will allow you to consolidate the claims (esp. if both cases are applying their own state law). There is a process to...
Wow, what a mess! It may be possible to consolidate the cases in a single jurisdiction, but this is no guarantee. The biggest hurdle will be whether a judge in CO and MO have started hearing the cases on the legal merits - if they have, dismissing, removing or consolidating is based on judicial discretion. Since the judge will be waiving jurisdiction it is unlikely they will allow you to consolidate the claims (esp. if both cases are applying their own state law). There is a process to...
Q: 60 day lease agreement for security deposit, but I gave a termination note for up to 30 days as stated by Colorado Law.
Tristan Kenyon Schultz's answer
Without reviewing the lease agreement I cannot say for sure, but as a general rule the lease agreement controls over the "default" rules listed in Article 12 (landlord-tenant). There are some potential limitations to this general rule, so you will need to contact a lawyer to review the specifics of your case.
Without reviewing the lease agreement I cannot say for sure, but as a general rule the lease agreement controls over the "default" rules listed in Article 12 (landlord-tenant). There are some potential limitations to this general rule, so you will need to contact a lawyer to review the specifics of your case.
Q: Can I leave the US while my i-485/i-130 is pending if I have a current and valid E3 visa?
Tristan Kenyon Schultz's answer
As a general rule, the only thing that matters to USCIS is whether you have changed your residence outside of the US. A honeymoon/travel is not normally classified as a change of residence or intent to leave the US permanently. I recommend that you schedule an appointment with the USCIS is Denver; they will advise you on any necessary steps (it can be hard to get in but just keep trying daily - trust me, something will open up). In the alternative you can meet with an immigration attorney to...
As a general rule, the only thing that matters to USCIS is whether you have changed your residence outside of the US. A honeymoon/travel is not normally classified as a change of residence or intent to leave the US permanently. I recommend that you schedule an appointment with the USCIS is Denver; they will advise you on any necessary steps (it can be hard to get in but just keep trying daily - trust me, something will open up). In the alternative you can meet with an immigration attorney to...
Q: Is it legal for code enforcement to come on my property to find code violations when i have no trespassing sign?
Tristan Kenyon Schultz's answer
Yes, government agents have a right to enter without consent (which your "no trespassing" sign states) under numerous situations (code compliance being one of the reasons).
Yes, government agents have a right to enter without consent (which your "no trespassing" sign states) under numerous situations (code compliance being one of the reasons).
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