Q: IN COLORADO HOW MUCH CHILD SUPPORT SHOULD I RECEIVE OR PAY?
A: This amount is dictated by a formula under C.R.S. 14-10-115. The Colorado Statute's starting point considers: how many overnights with the child, the monthly income of the parties, and additional expenses spent on the child. The Court will also consider numerous other factors that impact the Child Support Figure.
Q. HOW DO I GET MAINTENANCE aka ALIMONY IN THE COLORADO FAMILY LAW COURTS?
A. In a Colorado Divorce proceeding a party may be awarded "temporary maintenance." This amount is determined by a standard calculation. Long-term maintenance is determined by "reasonable necessity" and "appropriate employment" of the party seeking maintence. Amounts can vary dramatically.
Q. HOW DO I GET A PARENTING PLAN SET UP IN THE COLORADO FAMILY LAW COURTS?
A. There are a few ways depending on whether the parties were married or not. Generally one party files a petiton/motion. Then either the attorneys will agree on a plan or the issue will be set for "temporary orders" after an "initial status conference." Temporary orders generally stay in place until either the Court makes a decision or the parties enter a "stipulation."
Q. WHAT IS A RESTRAINING/ CIVIL PROTECTION ORDER AND HOW TO I GET ONE (or get rid of one)?
A. In Colorado Law, C.R.S. 13-14-102 is the controlling statute for this topic. First a party requests a "civil protection order." Then a "temporary protection order" is generally granted. Then there is a hearing, within 14 days, to determine whether the "temporary order" becomes a "permanent order." At this hearing each party may call witnesses and introduce evidence. This hearing is technical and the Rules of Evidence apply. It is not a good idea to go pro se (especially for the accused) because the outcome may seriously damage one party's long-term goals.
Q. WHAT IS A CHILD AND FAMILY INVESTIGATOR (aka CFI) in COLORADO?
A. C.R.S. 14-10-116.5 is the controlling statute. A CFI is a highly trained third party that gives an opinion to the Court relating to the best interests of the minor child. The CFI plays a crucial role in the Court's decision. The CFI interviews the parties, observes the parties interacting with the minor child, and may interview the children. This list of the CFI's duties is far from complete. The CFI's role is very important and their duty depends on the case facts, needs, and law applied.
Q. WHAT IS MEDIATION?
A. C.R.S. 13-22-305 is the controlling statute. In Colorado, Mediation is a potential way to avoid a full hearing on parental allocation, decision making, division of property, and even issues like maintenance or child support. Mediation is an alternative dispute resolution method where all parties are placed in a setting with the goal of reaching an agreement. A "memo of understanding" may be reached and signed off on by all parties to be submitted to the Court. If a "memo of understanding" is drafted but the parties do not sign it then the Court will not hear about what happened in Mediation. Mediation is a great opportunity to avoid a long and stressful court battle. Proper preparation with your attorney and a good-faith effort can go a long way in this process.
Q. WHAT IS AN EMERGENCY MOTION TO RESTRICT PARENTING TIME?
A. C.R.S. 14-10-129 (4) is one avenue to immediately restrict one party's parenting time. This Motion is used where one parent alleges that the child is in 'imminent physical or emotional danger.' The danger refereneced is due to the parenting time with the other parent. A 14-10-129 (4) Motion is special in that the Court shall hear and rule upon the issue no later than seven days after filing such Motion. AND that during this seven-day period after filing said Motion that any parenting time with the other party shall be supervised by an unrelated third party acceptable to the Court or by a licensed mental health professional.
Q. IS THERE A DOWNSIDE TO FILING A 14-10-129 (4) EMERGENCY MOTION TO RESTRICT PARENTING TIME?
A. MAYBE. Colorado Courts take this Motion very seriously and for good reason. For one the child's best interests are always on the Court's mind. On the other hand, the Court seeks to discourage parties from filing an Emergency Motion to Restrict with frivolous or vexatious intention. Therefore, if the Court finds that filing a motion under 14-10-129 (4) was substantially frivolous, substantially groundless, or substantially vexatious then the Court will require the moving party to pay the reasonable and necessary costs and attorney fees of the other party.
NOTE: consulting an attorney on this issue is a good idea.
Q. HOW DOES A PERSON MODIFY PARENTING TIME IN A COLORADO POST DECREE CASE?
A. C.R.S. 14-10-129 is one place to start. This Colorado statute concerns modification of parenting time. If the parties cannot agree to the modification the Court considers: any relevant factors, those provided in section (1.5), and the factors enumerated in section 14-10-124. These statutes are complex and one should take the time to consult an attorney. This statute is unique in that under certain circumstances a party may be allowed to bring such motion every two years. Therefore, when you bring such a motion you must be serious.
Q. WHO IS THE FATHER? IF I AM ACCUSED OF BEING THE FATHER AND THE MOTHER IS TRYING TO GET MONEY WHAT CAN I DO?
A. This is a compicated issue and C.R.S.19-4-105 is a starting point. A man is presumed to be the father under many circumstances including if the parties are married; if father acknowledges in writing filed with the court or if his name, with Father's consent, is on the birth certificate; or if the parties had an attempted marriage and later found to be invalid and the child was born within 300 days of the declaration of invalidity of the marriage. This is not a complete list of possibilities and hiring an attorney on this issue is a good idea. Particularly on this issue one should look to get to the truth as quickly as possible for many reasons.
Q. MOTHER OF CHILD SEEKING TO MAKE THE REAL FATHER PAY BUT THAT MAN CLAIMS HE IS NOT THE FATHER- WHERE TO START?
A. 13-25-126, genetic testing, is one avenue to look at. This section in combination with 19-4-105 is a starting point. If the genetic test shows that the probability of the male tested is the father by 97% or higher then chances are that male is Father and is responsible for child support.
Q. WHAT IS RULE 16.2?
A. 16.2 is a Colorado Rule of Civil Procedure. This Rule governs how the parties are suppose to conduct DISOVERY, CASE MANAGEMENT, SCHEDULING, and DISCLOSURES in preparation for trial (aka Permanent Orders). If a party fails to follow the 16.2 Rules then the nonabiding party may face SANCTIONS. SANCTIONS are never good and can ultimately damage your position in your Colorado Family Law case whether it is a Divorce/ Child Custody/ or Child Support issue. One should study these rules as some are Mandatory.
Q. WHAT IF THE X IS NOT LETTING YOU SEE YOUR KIDS?
A. C.R.S. 14-10-129.5 is one place to start your Denver / Front Range Colorado Family Law Case (first Contact Attorney Tray Stephany). This statute provides guidence on how to go about filing a motion to enforce parenting time and remedies as to missed parenting time.
