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1 Answer | Asked in Divorce for Colorado on
Q: In Colorado is a spouse entitled to monies from the SBA covid business loan in a divorce?

The business is solely mine. I received a sba loan for covid in July. Im am divorcing and am curious if he can take my money in the divorce.

Sabra M. Janko
Sabra M. Janko answered on Jan 15, 2022

The loan can only be used for certain business purposes and is not marital property to be divided in a dissolution.

1 Answer | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

John Martin Hilla
John Martin Hilla answered on Jan 12, 2022

You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.

I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark...
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1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Colorado on
Q: I got insurance last month. totaled car. insurance pmt late. They're cancelling me in the middle of my claim. Can they?

My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: My ex and I have a verbal agreement for living arrangements of one of our children. He has not returned her.

My 13 y/o has a history of lying when she is about to be grounded, resulting in false police reports being made. She was residing with me, with text message agreement with her father. She was going to be grounded for something she had done on my time. She went to visit dad, tried to say that I was... Read more »

Cindy Perusse
Cindy Perusse answered on Jan 11, 2022

Verbal agreements re parenting time and custody are not enforceable by police or a court. You must get a court order reflecting your verbal agreement. If you have any order from the court regarding your joint children then follow that until you can get it modified. You could use the police to... Read more »

1 Answer | Asked in Business Law and Family Law for Colorado on
Q: Is there a legal obligation to give information to parents of an employee?

If an employee is under the age of 18 from a broken marriage household and does not want the employer to disclose info? for example living with one parent and the other comes in asking when she/he/they are working next?

Sabra M. Janko
Sabra M. Janko answered on Jan 10, 2022

This is more on an employment law question however first it is necessary to look at whether someone under age 18 can work. You should repost in employment law. Generally employers can not disseminate employee information to third parties without the consent of the employee, however generally... Read more »

2 Answers | Asked in Copyright and Trademark for Colorado on
Q: How do I get my trademark up to date

No pity self inflicted

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my wife loss custody to our 3 children it's been 3 years now do we start visitation or go for custody

my question is do we go for custody or does it start with visitation

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

It depends on what you mean by lost custody. If your parental rights were terminated then you have to go through the Department of Human Services to request reinstatement.

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Colorado on
Q: my sister still lives with our highly abusive mother. how can I legally get her out of there.

We have a lot of evidence of gaby (mom) abusing me and my dad. Plenty court cases and files. Her record is far beyond damaged. Theres no reason as to why my sister has to stay with her. We don't have too much evidence of abuse towards my sister which is the problem. However, im not living with... Read more »

Stephen Birk Baumgartner
Stephen Birk Baumgartner answered on Jan 5, 2022

I am very sorry you are going through this. This is definitely a complicated family law question. However, if you suspect abuse of your sister, then you should call the Department of Human Services, Child Protection Division, and possibly the police. The answer to how you get her out of there... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: My ex-partner won’t come forth to pay the personal lien she put on my property We can’t find her

I have a new mortgage type and it’s been approved we need to pay her get her lien off

John Hyland Barrett III
John Hyland Barrett III answered on Dec 30, 2021

You will have to work with your new mortgage company to see if the new loan can go through without a release of this lien. It may be possible to escrow the lien amount in case she comes forward. Alternatively, you may need to try harder to actually find her.

1 Answer | Asked in Employment Law for Colorado on
Q: If I was verball told that my contract was not being renewed but never given a written letter of non-renewal. Legal act?

I was a probationary teacher but never received a written non- renewal letter. Is there any legal action possible in this situation?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 29, 2021

This depends on the language in your old contract (the one that isn't being renewed). If your old contract states that you must be informed in writing and/or given prior notice of non-renewal, then you should discuss your situation with a Colorado employment attorney.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: To see my son in utah

Me and my ex-wife were divorced four years ago there’s a family plan in place here in Colorado we moved to Utah three years ago where she resides today I was out here in Colorado now we split up she has threatened to have me arrested if I show up at the residence. She has had me arrested before... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 29, 2021

I am sorry to hear about your situation. It is unclear where you reside and where the child resides. In any event, if she is violating the court order, you can enforce it. Colorado has continuing, exclusive jurisdiction, however if all parties are no longer in the state, a party can petition to... Read more »

1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

1 Answer | Asked in Probate for Colorado on
Q: Denver probate ongoing fraud, perjury, fraud estate and trust - defendant illusory trustee, never appointed. Theft

Theft of inheritance concealed trust, concealed assets, trustee another beneficiary - will probate provide enforceable restitution? Or would it be better to take to a prosecutor for restitution?

Anthony M. Avery
Anthony M. Avery answered on Dec 22, 2021

You have not asked a coherent legal question based on any facts. You should hire a competent CO attorney to tell your situation to, who after examining whatever records and/or court files are available, give you his considered opinion on what to do. I cannot even tell if a Probate Administration... Read more »

1 Answer | Asked in Divorce for Colorado on
Q: If an RV is purchased within a marriage and titled to one person is it marital property upon divorce?

We have recently separated. The RV was officially paid for within a few days after we began spending time apart. If titled only in my husbands name would there be any issues of equal ownership if we divorce?

John Hyland Barrett III
John Hyland Barrett III answered on Dec 22, 2021

Generally, anything purchased during the marriage is marital property, subject to an equitable division in a divorce. An exception would be if the money came from his separate property, such as a gift or inheritance.

2 Answers | Asked in Child Support for Colorado on
Q: My sons dad didn't pay child support til he was 7 when the county found him. do I sue for the support before that time?

The court did not find him til my son was 7. My son is turning 19 next month and we want to know how to go about getting back support from before the court order

Sabra M. Janko
Sabra M. Janko answered on Dec 22, 2021

If you file in juvenile court, as opposed to domestic relations court, you might be able to request pay before the time that you file the court action. However it sounds like there has already been some court activity in the case and that may impact your current options.

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1 Answer | Asked in Health Care Law and Personal Injury for Colorado on
Q: Can u sue a company for prohibiting medical care for a work place injury?

My son was involved in an accident at work where he gashed his forehead that required internal stitches and 10 more on outside to close. His company told him he could not get medical treatment until he signed some paper,not sure what was on it,and it took them over an hour to get him to... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 21, 2021

A Colorado attorney could advise best, but your post remains open for a week. I'm very sorry for your son's injury and the ordeal it caused your family. As a starting point, you could reach out to attorneys to look into what justified that type of delay. In terms of applicable law -... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex give his parenting time to his new wife while deployed?

I have primary custody of our son. My ex recently got married right before his deployment and is now saying that he is giving his parenting time to his new wife. I was under the impression that when he deployed I had temporary full custody. Is he legally allowed to give his parenting time away?

Sabra M. Janko
Sabra M. Janko answered on Dec 21, 2021

He can request that. A fit parent is considered to be able to delegate his or her time. However, the delegation is not automatic. You can contest it as not being in the best interests of the children, if that is the case. He also would have to file with the court to modify the current plan if you... Read more »

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