The Colorado Springs Family Law Blog

Even after a divorce is final, it is rare for couples to avoid emotionally-charged disputes.  Usually, one or both spouses’ feels cheated out of the life they dreamed of, and they are acutely in tune with how the divorce impacts their children.  Unfortunately, in situations like this, the children are sometimes used as leverage against the other parent.  When one spouse is acting out against the other by withholding visitation or violating the terms of a custody order, a Colorado Springs custody lawyer can help enforce your custody order in court.   

Whether you still harbor resentment about your spouse’s behavior during the marriage, or you are suffering from undue financial stress, it is not uncommon for one spouse to blame the other and bring up past hurts for years after the divorce.  If two parents cannot resolve their differences, ignoring the terms of a custody order is one way they can act out against each other.  But be aware; there are some established remedies to enforce compliance.

The best way to enforce a child custody order is to return to the court where it was issued and ask the court to cite the person in violation with contempt of court.  In cases where the offending parent has taken the child unlawfully out of their home, the district attorney’s office can issue a warrant for their arrest and order the immediate return of the child.  This is true even if that parent has taken the child to another state.  The Uniform Child Custody Jurisdiction and Enforcement Act requires states to enforce custody orders that were initiated in other states.

If you find that you need to take these steps to enforce your Colorado custody order, enlist the help of a Colorado Springs Custody lawyer.  An experienced custody lawyer can not only see to it that your order is enforced, they can also help you change the order moving forward, especially if the opposing parent has a history of such violations.  Most of the time, the court will modify the order to ensure that the best interests of the child are met. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

With high unemployment rates across the country, many families are struggling to make ends meet.  If you are entitled to child or spousal support, and your ex-spouse is not working, how does that affect your support order?  As a Colorado Springs divorce lawyer, I advise my clients to ask these questions:

• Has your ex-spouse attempted to find work?
• Is he/she being less than diligent about looking for a job?
• Do you suspect that he/she is earning money “under the table”?

If you can answer “yes” to at least two of these questions, then a Colorado court has the power to uphold your support order based on your ex-spouse’s earning capacity.  In many cases, the court will consider looking at their past earning history, education level and skills to calculate their ability to earn income.  Even if your ex is collecting disability, unemployment benefits or workers’ compensation, a court may order that income to be used as a basis for paying support. 

Family court judges often see support-obligated spouses try to hide income or intentionally drag their feet in finding work, just to make it more difficult for their ex to collect support.  When a pattern of repetitive unemployment exists, it is important to start showing these patterns to the court.  If the court decides to base your spouse’s earning capacity on their prior income, you may be surprised to see how quickly they find a job. 

At the very least, the court may order your ex-spouse to produce evidence of their job search efforts at the next hearing. Meanwhile, your support order will be based on what your spouse would be earning if he or she were working.  And remember, your support order cannot be discharged due to bankruptcy.

If you have reason to believe that your spouse is intentionally trying to get out paying their Colorado court-ordered support, then Colorado Springs divorce lawyer can ask the court to base their decision on earning capacity.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Facing a divorce is one of the most traumatic ordeals one can deal with; but if you are facing a grim financial future as well, then you may be wondering how you will support yourself. Unfortunately, even if you have a good job, you may need to adapt your lifestyle and spending habits to a reduced standard of living.  A Colorado Springs divorce attorney can help you determine whether you are entitled to receive spousal support, and will help you claim the amount of support you deserve. 

Spousal support, which is also known as spousal maintenance, is intended to assist a spouse who is not able to provide for his or her needs, until they are able to find a significant source of income through employment.  But be aware; just because you believe you need spousal maintenance does not mean you will get it.  Colorado divorce courts will consider many factors, including your standard of living before the marriage and your ex-spouse’s ability to pay before they decide on whether it is appropriate. 

While there is no “standard”, it is much easier to get a court to award spousal support in marriages that lasted twenty years or more.  In cases like these, particularly where one spouse hasn’t worked for many years, a judge may even award lifelong alimony to the lower-income spouse.  However, even this type of support will end if the spouse who is receiving it remarries. 

There are many ways to calculate the approximate amount of spousal support one can expect to receive, but an experienced family lawyer can make the most accurate appraisal of your situation.  Because most family attorneys have seen their fair share of cases like yours, chances are they can help you determine the best course of action as well.  Before you embark on a petition for spousal support or alimony in your divorce case, take the time to meet with a Colorado Springs divorce attorney.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Couples seeking to adopt a child in the state of Colorado have many options.  Based upon family situation, timeframe and disposable income, adoption can be done domestically, internationally, within a family, or as foster parents.  However you decide to move forward with a Colorado adoption, a Colorado Springs family lawyer can help smooth your path to parenthood. 

International adoption is one of the least expensive and fastest ways to adopt, but it can also be quite complicated.  Criteria changes from one country to the next, and there are many things to learn before embarking on this process.  Each country has different age limits and restrictions on international adoptions.

Adopting a child with special needs can be facilitated through the Social Services department of the state of Colorado. Keep in mind that just because this type of adoption is called “special needs", it doesn’t mean the child is physically or mentally disabled; it simply means he or she is currently in a foster home, from a minority group, or a complication exists with regard to their care.  Many agencies will require that you take a class in “pre-adoption education” before adopting a child with special needs. 

If you are over the age of 21, you are legally entitled to apply for adoption. There is no requirement in Colorado that you are married in order to adopt, but you will have to submit to a home study no matter what type of adoption you pursue.  This will include a series of background checks, a review of your financial status, discussions about your childhood and parenting style, an inspection of your home environment, and many other questions.  Even after you pass all of these tests, Colorado law still requires you to wait at least six months before taking custody of the child.  This is because all parties concerned want to ensure that the adoption is in the best interest of you all involved. 

As you can see, the adoption process has a lot of twists and turns, and most couples find it much more complicated than they expected.  Retaining an experienced family lawyer is a smart way to protect your interests and keep the process moving along smoothly.  Working with a Colorado Springs Family Lawyer will protect you from the myriad unforeseen issues that may arise. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

After a divorce is finalized, changes can still occur with regard to custody.  This is particularly true if one parent decides to relocate, or if there is a remarriage that affects the living situation of minor children.  Sometimes one parent develops a substance abuse problem that affects their ability to make decisions on behalf of the children.  Whatever your situation, a Colorado Springs divorce attorney can guide you through post-decree modifications to an existing custody order.

When one party seeks to change a custody order, against the wishes of the other parent, the court will want to look closely at any developments that have arisen since the original decree.  If a change in circumstances has occurred that directly impacts the best interests of the children, then the petitioning party must provide evidence of this in family court. 

Oftentimes, when one parent has a diminished role in the everyday lives of his or her children, the court will allow the custodial parent to assume the sole decision-making role, instead of making decisions mutually.  This is especially true when the current decision-making allocation presents a danger to the physical or emotional health of the child. 

However, if one party is unable to obtain agreement from the other party to modify the existing parenting plan, it often makes sense to seek assistance from a mediator.  Not only will this reduce the expense to the parties by helping them to avoid court proceedings, it can also prevent the emotional turmoil of a lengthy litigation.  Whether a decision is made during mediation or through a court of law, a Colorado Springs divorce attorney can help improve the chances of a successful modification.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Before you start dividing up the real estate, retirement plans and record collections in a property settlement, a Colorado Springs divorce lawyer recommends taking a close look at your debt allocation. 

During a marriage, most couples acquire some form of debt; whether it is a home equity loan, unsecured personal loan or credit card debt.  Just like the joint assets owned by a couple are considered marital property, joint debt must also be divided before a divorce can become final.  For many couples, debt allocation can be tricky.  That's because there is no law in Colorado saying it must be split 50-50.  Instead, the law simply provides a vague provision that includes the phrase “equitable division” of debts.

In many cases, both attorneys and courts will advise couples to settle for a 50-50 split. However, since debt and assets are divided on the same property settlement, some couples choose to give one party more debt and more assets, or fewer debts and fewer assets. 

Here are some key points to remember when dividing up debt in a divorce:

• When a credit card is in the name of one spouse, that debt doesn’t automatically become his or her responsibility.  In fact, the balance becomes 100% “marital debt”.
• Marital debt also includes things like student loans, gambling losses, unpaid taxes, and shopping sprees. 
• As long as the debt was acquired during the marriage it fits the bill, so to speak.  This even includes debt that was acquired without the knowledge – or approval – of the other spouse.
• And as if that isn’t enough to take in; the courts will not even allow marital misconduct of the parties to be considered when the court is determining the disposition of property and debt. 

If you are looking for a way to ensure you don’t get stuck paying for more than your fair share of marital debt in a Colorado divorce, seek the advice of an experienced Colorado Springs divorce lawyer.  Without proper legal representation, you may not be happy with the outcome. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

When most couples arrive at the decision to divorce, most think they have plenty of time to work out the financial details of their dissolving marriage; but the truth is that the first document – the Separation Agreement - is the most important document in a divorce.  Before embarking on a legal separation in Colorado, enlist the help of a Colorado Springs divorce attorney to ensure your financial interests are protected.  

Why is a Separation Agreement such an important part of the divorce process?

The Separation Agreement is a document that is designed to resolve the important issues of parenting time, allocation of assets, division of debt, tax liabilities, child support, spousal support and other outstanding issues as required by law.  While it is only a temporary order, to be replaced by the final agreements of the divorce, it can become a longstanding agreement if the final divorce drags on.  It also gives you the right to take legal action if your spouse fails to live up to his or her obligations. 

Here are some important ways to protect your financial future at the time of separation.  

• With a Separation Agreement, a spouse making spousal support payments can legally claim them as a tax deduction.  But remember, if you are receiving spousal support through a Separation Agreement or court order, you must claim that money as income.

• Including certain benefits such as health insurance and access to joint accounts on a Separation Agreement can help ensure their continuation after the divorce. 

• At the time of a legal separation, it makes sense to take your name off of the lease if you are renting.  You should also take your name off of any family utility bills, subscriptions, property maintenance and other household bills that will not cause a hardship for your family. 

• Contact all joint creditors and put a freeze on those accounts immediately so neither of you can use them. 

• Create a record of all joint account numbers for credit cards, bank accounts, investments, insurance policies, etc.  Also, makes sure you record any jointly owned items that are stored in safety deposit boxes.

No matter how long you have been married, legal separation can be a very confusing time. Working with a Colorado Springs divorce attorney can take the guesswork out of the Separation Agreement and help you negotiate the best possible outcome.   

  
Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Until recently, the presence of domestic abuse between two parents was not a consideration that judges would use when deciding on parenting time and legal custody.  As a Colorado Springs divorce lawyer, I have felt the frustration of this mindset on behalf of many clients.  The reason for this was that the court believed that one parent’s violence against the other was not a reflection of their parenting abilities.  How any judge would believe that domestic abuse committed by one of their parents would not have a fundamental impact on the children’s well being still amazes me

Today, Colorado family courts know better, and they are addressing the issue of domestic violence in divorce cases as a factor for determining custody.  After all, how can a person be a good parent if his children fear for their own safety as well as their mother’s?  It is safe to say that any violent parent who engages in criminal acts against a family member is not a fit parent.  Any parent who puts the health and well being of his wife and children in jeopardy is unable to make sound parenting decisions, but if you are a victim of domestic abuse it can be challenging to present this type of evidence to a judge in the presence of your abuser.

An experienced attorney can make sure these considerations are presented to a judge properly so that the right decisions can be made about parenting time.  In many cases, the judge will order supervised parenting time to the abusive parent, if any.  Plus, a third-party mediator will get involved to prevent face-to-face negotiations between the parents.  If you are a victim of domestic abuse and involved in a divorce action, a Colorado Springs divorce lawyer can represent you in all matters relating to custody and parenting. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

The complexity of divorce doesn’t end on the day your divorce decree arrives in the mail.  In fact, things can get even more complicated from that day forward.  This is particularly true when one of you gets remarried.  Before you get too confused by the legal aspects, consult with a Colorado Springs Divorce Lawyer with experience in post-decree divorce issues. 

Agreements for spousal maintenance, alimony, child support and custody may be questioned and reviewed at this time, and it may be time to pull out your original agreements to make sure you adequately covered the eventuality of remarriage.  This is when the party receiving alimony or maintenance may try to keep their remarriage a secret, just to keep collecting the payments, but this is a bad idea. 

Most agreements stipulate that each of your attorneys must notify the other’s attorney in the event of remarriage.  The main reason is because the remarriage legally affects the financial agreements between the parties.  It may also present issues with your custody agreement if the marriage requires a move or a change in schedules.  If the parent who pays the larger share of support for the children remarries, it can present financial difficulties if this income now must be divided between more children and another household.  If this happens, you may receive a petition for a support modification claiming financial hardship. 

As you can see, remarriage does present a host of challenges for some divorced individuals. That is why it is so important to know your rights in the state of Colorado.  Work with an experienced Colorado Springs Divorce Lawyer and you can rest assured that your needs will be well represented in any legal proceeding.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Gone are the days when a Colorado court would award custody of the children to the mother automatically.  Today’s courts will look at a number of factors, including the home environments of each parent, whether the children are exposed to drug or alcohol abuse, suitable child care arrangements and the quality of living arrangements and educational opportunities.  A Colorado Springs Family Lawyer will be able to examine your current home situation and help you construct a strong case that will be approved by the courts.

In general, when it comes to a final decision on custody, Colorado courts will put both parents on equal fitting and ask them to convince the court as to where the children should live.  However, once a child reaches the age of 12, the court will also give them a say in where they want to live. 

If you are trying to convince a court that your current custody arrangement isn’t working, then you will need to present some very strong evidence to prove this. Most Colorado courts are very reluctant to uproot children from their familiar surroundings without a convincing argument showing that the change is in the children’s best interests.  Any decision that is made will place a high priority on stability and continuity.

Situations which the court may approve a change in custody include when the child is having serious issues with a step-parent, or has become combative with their custodial parent.  In cases where the child’s academic progress is suffering for a long period of time, or he or she is depressed in the current home environment, the courts may consider a change. 

If you need some advice on how to move forward with the court process for determining custody, a Colorado Springs Family Lawyer can help you immensely. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Law Firm, Colorado Springs largest Family Law practice.  The Marrison Law Firm is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.