By: Sarah T. McCain In cases involving child custody, especially those of a high conflict nature, you may hear the term “PCDM” mentioned as you near the end of litigation or settlement communications. It is often the recommendations of a Child and Family Investigator or Parental Responsibilities Evaluation that open discussions regarding
Divorce Blog
Complete Financial Disclosure in a Divorce Case
In prior blog posts, we have discussed the duty of financial disclosures in a divorce. Under Colorado Rule of Civil Procedure 16.2 (e), Colorado law not only requires an absolute duty to disclose one’s financial situation, but also how a failure to accurately disclose, whether by non-disclosure or misstated disclosure, allows a
Evidence and Admissibility in Your Family Law Case
By: Stephen J. Plog Having spoken with thousands of people over the years regarding their Colorado divorce and child custody cases, one common topic of discussion is that of evidence, within the context of what can or cannot be used in court. There are many common misbeliefs about what is good evidence,
The Effects of Disability Payments on Child Support
By: Michelle L. Searcy At the most basic level, the Colorado child support calculation is based on the combined income of the parents, the number of children and the number of overnights exercised by each parent in Colorado. Calculating income for a parent with a job that issues a W-2 is a
Given My Pending Divorce, How Should I File My Taxes?
By: Jessica A. Saldin, Starting in January each year, almost every party in a divorce case has the same question, “How do I file my taxes for the prior year?” As long as you were legally married for the pendency of the entire prior year, you could file married filing jointly. However,
International Considerations for Child Custody and Divorce Cases
By: Sarah T. McCain When you commence either a divorce case or a child custody case in Colorado, you will inevitably hear the word “jurisdiction.” Though this term is mentioned in more detail in other blog posts, in summary, the term is referring to personal and subject matter jurisdiction. To acquire personal
What Happens to Alimony When the Payor Retires
By: Michelle L. Searcy Often, the longer the marriage, the longer the duration of the obligation to pay maintenance (alimony). As a result, one party in a divorce may still have many years of support to pay, even as he or she approaches retirement age. Unless that maintenance obligation is contractual and
Child Custody: Is “Nesting” an Option for Your Parenting Time Plan?
A relatively new concept for divorcing couples with children is a concept known as “nesting” or a “bird’s nest” parenting plan arrangement. What nesting entails is the parents sharing a residence to promote stability for the parties’ children. In a nesting arrangement, the parties split time at the marital residence while the
A CFI or PRE has been appointed to my child custody case, now what?
By: Jessica A. Saldin Whenever there are custody issues in your family law case, one question to always consider is whether a CFI or PRE would help your case. Prior blog posts have explained what these individuals are and when they may be helpful. Once they are appointed to the case, though,
Potential Marital Property Arguments in Your Divorce
By: Sarah T. McCain When dividing property and debts during your Colorado divorce proceeding, there are a number of factors to consider prior to simply dividing the property equally down the middle. There are a number of articles on this blog addressing what is marital property and what is not. Please review