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Emily Therese Roberts
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Emily Roberts’s Answers

40 total

  • Do I qualify to be emancipated?

    I am 15 and live with my mom, dad, and sister. We live in Colorado. My mom and dad are constantly fighting about something, and my sister is partially mentally il. This leaves me to do 99% of the cooking, cleaning, etc. I also get yelled at for th...

    Emily’s Answer

    I agree with Mr. Littman. It does not sound like your living situation at home is meeting your needs. You should talk with your aunt or seek the help from other adults around you, such as teachers. It also sounds like your family as a whole may benefit from some assistance. Maybe your therapist can direct you to a person or place that can help you.

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  • Medical Condition

    Hi, I have a medical condition. I have to pay over $200 a month in prescriptions and pay $40 every two months to visit my doctor. Can I ask the court to reduce my child support payments because of my new disease? Its hard to pay my Child support w...

    Emily’s Answer

    The Court and the State have a vested interest in making sure that children have financial support from both parents. As Mr. Harnkess said, you would be asking for a deviation from the calculated support. Deviations have to be in a child's best interests. I would suggest that you speak with an attorney, as much will depend on the amount of the deviation and factual circumstances regarding your child's needs.

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  • What if the non custodial parent has put all his assets in his spouses name to hide income from child support enforcement?

    However he drives several fancy cars and motorcycles. Is there a law in Colorado like Family Code 4057.5 in California? What evidence does a magistrate need to prove that this is what the NC is doing?

    Emily’s Answer

    Great answer from my colleague.

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  • My wife took our son outside the parenting time while she was visiting Colorado and him. More info down below.

    During last year I had moved to Colorado after we created a parental agreement. My son came to stay with me for 9 months out of the year. I had filed and she had continuously asked if I filed for divorce. I had to wait 6 months to file. She paid f...

    Emily’s Answer

    I concur. Continuing in the litigation process and court system isn't necessarily in your best interests or your son's. At some point all litigation must come to an end.

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  • What are my rights?

    I currently live in needles, California , my ex girlfriend whom I have a child with lives in pueblo, co. We ended our relationship 2 years ago and she moved to pueblo, co with our daughter. No papers for custody or child support have ever been fil...

    Emily’s Answer

    I concur with Mr. Deasy and Mr. Littman.

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  • How do I ask a Judge to grant me Foster parent in a Custody Case?

    My goddaughter is being abused/neglected, I intervened into the case. The Grandmother has started a case to get custody of the child, however she doesn't particularly have a great home. I intervened into the case to fight for custody of the baby. ...

    Emily’s Answer

    It sounds like your goddaughter is involved in a dependency and neglect matter. These matters are very complicated and require the expertise of an experienced attorney. Given the complex nature of these cases, there is a lot of information that I would need in order to provide you with a thorough answer, which is difficult on this type of forum. You should contact an attorney in your area to discuss this matter in order to be informed about your rights and options.

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  • The judge in my case just allowed the relocation of my son with his father. Ho do I file an appeal?

    There are many inaccuracies in the court order and I believe they need corrected. I cannot afford an attorney and wonder if there is any way I could have a probono layer do this or help do this.

    Emily’s Answer

    Most counties have resource centers for people without an attorney. In addition, if you contact the Court in your county, they probably can point you in the direction of any legal services that you may qualify for. There are resources here in the Denver Metro area, Metro Volunteer Lawyers - who also may be able to give you contact information for legal services in your area that are offered at a free or reduced rate. In addition, appeals are complicated and have very strict deadlines that must be followed. So you need to act quickly in order to make sure that you are working within those deadlines.

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  • International aspect to divorce - Alimony treaties

    Hello - My wife and I are going through a divorce. I am not a US citizen and have a job possibility in New Zealand and in France. In New Zealand, alimony is not tax deductible usually, but if my ex-wife is paying tax in the US on her alimony incom...

    Emily’s Answer

    I agree with Mr. Littman. You have a very complicated and complex question that involves not only issues of family law, but immigration, and international law. It sounds like your divorce case is currently pending. If you are not represented by an attorney, I strongly urge you to seek the advice of counsel immediately. Divorce cases are complex in and of themselves, but you are adding a whole new level to the complication with the additional factors in your case. There are many good family law attorneys that have experience in immigration and other areas that you are asking about. You should act sooner than later.

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  • If a Guardian ad Litem sent me a letter that I'm required to...

    If a Guardian ad Litem sent me a letter stating that I'm "required" to show up for a 2 day court hearing that is signed by the town clerk, am I required to go? I was told by a few people that a subpoena is required for me to need to be there, not...

    Emily’s Answer

    I concur with Mr. Harkness and Mr. Littman. Sounds like an important matter since a GAL has been appointed. Best to know what your obligations and rights are before this hearing date. I would urge you to speak with an attorney.

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  • Family Law.Do I have enough evidence to file a motion requesting u.a.'s?And will the evidence result in courts notifying S.S.

    The mother of my son was hospitalized due to a severe asthma attack.She spent five days in I.C.U. inside an incubator doing 80% of her breathing.In the results she tested positive for marijuana.The doctors found no other cause for the attack.The d...

    Emily’s Answer

    As my colleagues stated, you have a very involved and complicated fact pattern that likely has much more information that must be provided before an attorney can give you any advice on how to proceed. You should strongly consider speaking with an attorney regarding your case.

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