Emily Therese Roberts’s Answers

Emily Therese Roberts

Centennial Family Law Attorney.

Contributor Level 9
  1. 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?

    Answered 10 months ago.

    1. Stephen Clark Harkess
    2. Karl J Geil
    3. Emily Therese Roberts
    3 lawyer answers

    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...

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

    Answered 10 months ago.

    1. Stephen Clark Harkess
    2. Karl J Geil
    3. Emily Therese Roberts
    3 lawyer answers

    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...

  3. What should i do as a military spouse

    Answered over 2 years ago.

    1. Karl J Geil
    2. Emily Therese Roberts
    3. Scott Thomas Bushnell
    3 lawyer answers

    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,...

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

    Answered over 2 years ago.

    1. Emily Therese Roberts
    1 lawyer 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...

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

    Answered over 2 years ago.

    1. Stephen Clark Harkess
    2. Emily Therese Roberts
    2 lawyer answers

    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...

  6. How would we go about filing child support?

    Answered over 2 years ago.

    1. Emily Therese Roberts
    2. Peggy Ann Rowe-Linn
    2 lawyer answers

    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....

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

    Answered over 2 years ago.

    1. Emily Therese Roberts
    1 lawyer 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.