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Emily Therese Roberts

Emily Roberts’s Answers

37 total

  • Children that are born while mother is using drugs, do they get cps involved?

    My sister lost custody of her 2 children that I am taking care of now. She uses meth, and is now pregnant still using. She is about 3 months now, and I am concerned for the health of this innocent baby. I understand that she can't get tested for d...

    Emily’s Answer

    This is a very unfortunate situation for you, your sister and the unborn child. I understand that she lost custody of her other two children and that you are taking care of them. However, it is unclear at what point she lost custody of those children. I would surmise that the children were already born when CPS took them into their care.

    Part of the issue here is you have an unborn child and a child who is not yet at a stage in development that the child could survive on its own outside of your sister's body. This is a controversy for many a debate about when does the law consider someone to be a person.

    LIkely the only way that you are going to have any influence with your sister is to get her some help. Unfortunately, that help may have to come through the criminal legal system. If you have a case worker for the other children, you should speak with that person and let them know what is going on and see if they are able to help. If they are not, then you may need to consider talking with your local police department and see if they can help you. But be advised that this may involve bringing criminal charges against your sister.

    Your question leaves many unanswered questions, and I would suggest that you discuss this matter with an attorney to see what other options might be available to you.

    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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  • What should i do as a military spouse

    i live in fort carson pcs out here 2 years ago with my husband thinking our marriage would get better my husband has threatened me with divorce so many times ive tried to get him to marriage couseling but he wont go his 1sgt has set up an appt for...

    Emily’s Answer

    You question has a lot of very complicated issues - those being maintenance, child support, parenting time/decision making for your children and relocation. There is simply not enough information in your quesiton to give you a detailed answer regarding how much money you may be entitled to or to determine the issues involving your children, including whether you would be able to relocate with them and move outside the state of Colorado.

    In Colorado, child support In the state of Colorado, child support is based on strict guidelines dictated by the state laws and statutes. The first step in determining child support is to establish the gross monthly income, before taxes and deductions, of the parents. The formula then takes into consideration how much time the children spend with each parent by determining how many overnights each parent has with the children. Generally, the parent without primary custody will pay child support to the other. However, if the parent with primary child custody has significantly higher earnings, the parent without primary custody may receive child support.

    In addition to child support based on income, parents must also share costs for the following types of expenses based in apportion to their income: medical, health care, day care, schooling, and extra-curriculum activities.

    There are also situations that require deviation from the child support guidelines. Most commonly, these include cases involving high-income earners. The guidelines were not written to address high incomes, so deviation is necessary.

    If you know your financial information and the financial information of the other party, you can approximately determine how much your monthly child support payments should be by using the child support worksheet. The link to the worksheet is: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=94

    Maintenance and child support are intertwined. Whether someone is entitled to maintenance and if so, how much, is very fact driven. The Court is going to look at the incomes and expenses of both parties, and a number of other factors including, the ability of the spouse requesting maintenance to meet their needs, the ability of the spouse who is being requested to pay maintenance to actually pay the maintenance. For temporary maintenance, for parties whose combined income is $75,000 or less - there is a statutory formula. Whether you would be entitled to maintenance after your divorce is based upon the same factors. It is also going to depend on the length of your marriage and roles during the marriage.

    Further, because your husband is in the military, there are going to be other issues that come into play simply beacuse he is a member of the military. This is the most pressing reason you need to speak with an attorney about your case. The military has a substantial amount of rules that affect your right to portions of his benefits, which are very complicated and many attorneys hire outside experts to deal with these issues.

    I would suggest that you discuss this matter with an attorney due to the complicated nature of the issues involved in your case.

    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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  • I am in a custudy battle and I have many witnesses that want to write statments due to them not being able to come

    is this a form of hearsay? Will this be allowed?

    Emily’s Answer

    Yes. It is a form of hearsay. You are attempting to introduce a statement by a person who is not in Court. Although there are exceptions to the hearsay rule - such as when a declarant is unavailable. But whether or not this falls under that exception or another exception is factually driven and up to the Judge that hears your case. You could always make a request for their testimony to be by telephone. Custody matters are serious matters and you should consider discussing this with an attorney.

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  • Do I need to file for custody and child support stemming from a domestic violence charge?

    Currently I have a No Contact order as a result of a domestic violence and 2nd degree assault charge on my (ex) boyfriend - the D.A is adding back on a Child Abuse charge as well. Do I need to file for custody and child support? We are not marrie...

    Emily’s Answer

    Nothing is automatic. Since you are not married, you need to file with the Court and get a Court Order which establishes parenting time, decision making and support for your child. What type of case you file either a parental responsibilities action or a paternity action is something you should discuss with an attorney.

    Legal disclaimer: You can reach Divorce Matters at (720) 542-6142. 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, 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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  • How would we go about filing child support?

    Husband is filing for child support against ex-wife. He has all rights and custody to his daughter and as of now (since June 02, 2011) his ex has had no rights or visitation or custody. We were advised to file it here in Colorado Springs. We've go...

    Emily’s Answer

    If there is an active case in Colorado, you need to file a Motion to Modify Child Support. The form is available on the state court's website - www.courts.state.co.us. Go to the self help center and then to domestic forms. You will need to file the Motion in your active case and pay the filing fee. Each of the Courthouses has a pro se resource center - call the Court to find out the times they are open. They can't give you legal advice - but they can help you fill out the proper forms. You can always hire an attorney to help you through the process.

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  • They want me to pay child support but i think is way to much

    i would like to know where do they base to take so much when they dont have all my info . and what can i do lo lower that amount .

    Emily’s Answer

    • Selected as best answer

    Child support in Colorado is based upon both parties incomes, expenses of the children (i.e. childcare and health insurance for example) and the number of overnights each parent has. If you believe you are paying too much, you need to gather all your documentation and then file a Motion to Modify Child Support. Modifications are retroactive back to the date of filing. Most forms to do this are available on the Court's website - www.courts.state.co.us. You can also hire an attorney in Colorado who can walk you through the process.

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  • Can a man sign over his parental rights and not pay child support?

    I have a 2 month old daughter and her father wants nothing to do with her I think she would be better off without him. If he wanted to sign over his parental rights would that get him out of paying child support?

    Emily’s Answer

    Unfortunately, he can't just sign over his parental rights. Your daughter has a right to the support that he is required to provide. A step-parent adoption would be an option if you are remarried. This would allow your current spouse to assume the role of your daughter's father legally and would terminate her biological father's rights.

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