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,
Divorce Blog
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
Divorce and Determining Marital Values of Appreciating Real Estate
In Denver area divorces, a court is charged with the responsibility of equitably dividing marital property under C.R.S. 14-10-113. Marital property is generally defined as any property acquired during the marriage, regardless of how that property is titled. The exception to this general rule is for property acquired by a spouse by
Temporary Orders in Family Law Cases
By Michelle L. Searcy Whether you have been served with a family law case or have initiated one, in Colorado, your first court appearance will be an initial status conference. While the purpose of this meeting is to give you important information about your responsibilities in the case, it is also your