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Emily Therese Roberts

Emily Roberts’s Answers

37 total

  • I live in colorado and my son s father is now filing for custody he lives in maryland what are my legal obligations

    does maryland have any juristction in colorado the father knew i was moving and was fine until the state of colo.ordered him to pay child support

    Emily’s Answer

    I agree with my colleagues. There are a lot of unanswered questions to the question that you pose. First, what state entered the original orders in your case? Second, where are the children currently residing and how long have they resided there? Third, if neither of you are in the state where the original orders came from, how long have you been in your respective locations.

    If, hypothetically, the original orders were entered in Colorado and the children are still residing in Colorado - Colorado would likely still retain jurisdiction. If the children are no longer residing in Colorado, then we would need to figure out what the proper jurisdiction would be to handle this issue - it still could be Colorado, it could be another state, Maryland included.

    It would be a good idea to speak with an attorney regarding your issue. Jurisdiction matters can be very complicated and can have case long consequences.

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  • I have court tomorrow for back child support in the amount of 1000 . Am I facing jail time ? I do not have a criminal record !

    I have had one ticket for speeding and one ticket for expired tags. I am 37 . I lost my job almost 2 tears ago after being with that company for 10 years! I was a cake decorator , so there's not a whole lot of jobs for decorators where I live .. I...

    Emily’s Answer

    It sounds like you could greatly benefit from having counsel in this matter, or at least sitting down and speaking with someone regarding your case.

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  • If my 16 year old moved out, and to her dads, and I have current custody of her, will I have to pay him child support now?

    We live in Colorado.

    Emily’s Answer

    I agree with my colleagues. Agreed upon changes in custody can be the basis for a modification of child support back to the date of the agreed upon change. There is still the required 10% change from the prior order. You should attempt to address this sooner rather than later so that if a change is necessary or provided for by law that you are not facing a large amount of support due back to your child's father. You might want to consider having a discussion with your child's father to see if you can't resolve this on your own.

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  • How to protect my assets in a Common Law marriage (or am I not in one)?

    My aunt is cohabiting with a man for more than 6 years in Colorado. They have a joint mortgage for more than 6 years. She holds a lump sum of money and is worried that he may have access to it by the definition of Common Law Marriage. My aunt does...

    Emily’s Answer

    I agree with both my colleagues. Just owning joint property or living with someone for a period of time does not equate to common law marriage. In my opinion, the heart of common law marriage goes to the root of believing that you are husband and wife. So while living together and owning property together would assist in establishing this, this by itself is not enough. You must hold yourselves out as being married. Your friends, family and others on the outside must consider you husband and wife. Does her significant other believe that they are married? Have they filed joint tax returns, held joint bank accounts? There are additional questions to be asked and answered, and your aunt may benefit from speaking with an attorney who is skilled in family law here in Colorado. Even if, in the end, common law marriage is found not to exist, they will still have the task of dividing up the property that they jointly hold - such as the house with the mortgage.

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  • My fiance is not the biological father of my daughter, but wants to adopt her. How can he adopt her and be on the birth cert.?

    The biological father was illegal, and took off to Mexico. I got a restraining order against him. He has no interest in my daughter. My fiance and I are getting married soon and he wants to adopt her as his own. I did not list a father on the birt...

    Emily’s Answer

    I agree with my colleagues. A step-parent adoption is pretty straight forward, especially if biological father is willing to agree to give up his rights. You can find all the necessary forms on the Colorado Court's website - and also a great handout on the process. www.courts.state.co.us. If biological father is not willing to consent, then hiring counsel skilled in adoptions would be beneficial to help you navigate the process.

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  • Filed for divorce. A family member loaned me money to move. Could she get her hands on this money?

    My wife moved out of state. I filed for divorce here and am working on getting her the service of process (haven't been able to yet). I intend to move out of the house we were living in together to someplace I can better afford. To do this, I got ...

    Emily’s Answer

    Full disclosure is necessary in divorce cases. I agree with my colleagues, make sure it is well documented and you should be fine.

    www.divorce-matters.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question

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  • Writing a letter to ex spouse requesting mediation

    My husband and his ex have been divorced for just over 7 years , we are trying to go through the courts to update the parenting plan and try to get more rights as the two younger children are with us at least 65% of the year , we don't really wa...

    Emily’s Answer

    I agree with Mr. Geil. The legal issues that you have a very complex. Parenting time, decision making and child support are very involved issues both factually and legally. Your Husband should seek legal advice regarding these matters so that he is in the best position possible to determine the course of action he wants to take.

    www.divorce-matters.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question

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  • Adopting my cousin, she resides in mexico.

    Im 23 my husband is 33 we are US Citizen, my little cousin is 10 and she lives in mexico with her mom and grandma, her mother dosent have a job or money to provide to her, we send her money but would like to give her a better life here with us, ca...

    Emily’s Answer

    The first person I would discuss this matter with is an immigration lawyer especially considering that the child is a member of your extended family.

    Metro Volunteer Lawyers has two free legal nights each month. The first is on the 1st Wednesday of each month at Centro de San Juan Diego. The second is on the 3rd Tuesday of each month and is at Mi Casa. There are lawyers there who you can meet with to discuss your case and get advice and resources that are available to you in the community.

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  • Abuse?

    If u have a emotionaly and physicaly abusive husband and your a stay at home mom to a small chiild does this mean I would have a harder time having custody because I'm without a job?will I get in trouble for not leaving him when I have a child but...

    Emily’s Answer

    I second all the information that has previously been given. However, I wanted to add that there are lots of organizations whose purpose is to assist women in your situation. They can help you with all the issues that surround your situation, including the emotional and financial.

    Metro Volunteer Lawyers offers free legal nights 2 times per month - at Centro de San Juan Diego. One is on the 1st Wednesday of every month and the other is on the 3rd Tuesday of every month at Mi Casa. This is free and there are lawyers who will sit down with you, listen to the facts of your case, and give you resources that are available to you in the community.

    Another organization that can probably provide you with some assistance is the Colorado Coalition Against Domestic Violence. There is also a national hotline - 1.800.799.SAFE that you can call that can provide other information and resources.

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  • So I don't where to start. First question I lost my second husband almost five years ago. He has a pention with BNSF railroad.

    I recieve money from the railroad since I had children to raise at the time of death. In two years I will stop getting the money since they will both be 18 years of age. I have been recieving 4,200 a month for the 3 of us. Well it ends and I wi...

    Emily’s Answer

    There are a lot of details that are missing from your question that would be important information to know as part of giving you the most thorough answer to your quesiton as possible. But with the information that you have provided, how your husband's pension is gonig to be paid out will solely depend on the language in the pension.

    Besides the pension, both you and your children may be eilgible for other benefits because of your husband's death such ast Social Security and other insurance benefits.

    You need to speak with an attorney about these issues immediately because this is probably a very time sensitive matter.

    Emily Roberts, Esq.
    Divorce Matters

    Legal disclaimer: You can reach Emily Roberts, with Divorce Matters at (720) 542-6142 or eroberts@divorce-matters.com. Emily Roberts is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Emily Roberts or Divorce Matters and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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