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Emily Therese Roberts

Emily Roberts’s Answers

37 total

  • Do I need to file for an eviction or can I just call the police? Does this person have established tenancy?

    I recently helped someone move out of another house they were getting evicted from. We had a verbal agreement that the person could live with me at my house for a monthly fee until they could find a new place to live. We also agreed that the per...

    Emily’s Answer

    Your new roommate probably would be considered a month to month tenant on an oral lease. You should talk with an attorney to discuss proper eviction process.

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  • Who is responsible to pay the school fees- field trips, project fees, school supplies, etc and extracurricular activities

    The extracurricular activities fall on both parenting time- horse shows, dance recital, swim practice and meets- The ex gives the approval for the activity but refuses to pay or even share in the cost Is school fees and recreational costs include...

    Emily’s Answer

    You need to review your agreement regarding payment of these activities. Most agreements have provisions regarding these expenses. Some child support calculations include added expenses for the children's extraordinary activities or expenses. So the answer is sometimes and sometimes not. It highly depends on the Orders and agreements in your case.

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  • Is it legal for a consenting 17 year old to have sex with a 20 year old in the state of Colorado?

    my girlfriends 17 and im 20 (3 year difference) shes been pressuring and badgering me into having sex with her and im ignorant when it comes to the law and it puts my nerves on edge cause im scared ill go to jail I just wanna know the honest legal...

    Emily’s Answer

    The age of consent in Colorado is 17. There are also close in age exceptions.

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  • Husband travels. Both from same town and all relatives reside in home state. I want to move with kids back home. Possible?

    I have been a stay at home mom for ten years. Husband travels weekly and sees kids 3 times a week. I want to move back to our home state where I have friends, family his and mine. Emotionally abusive. Great schools, and can find a good job fast. I...

    Emily’s Answer

    I concur with Mr. Littman. Moving without an agreement or Court order to do so, even if you move prior to any case being filed - would likley be problematic. This does not mean that a Court would not allow you to move after looking at what is best for your children and looking at all the facts. However, taking the children and leaving the state without these things would likely cause problems for you in a divorce case. Child custody matters are complicated and more than not require the expertise of a family law practitioner. It would be to your benefit to sit down and speak with someone regarding your case. Best of luck.

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  • When my child support case goes to court, will I need an attorney? Will the paternal father gain rights to see my daughter?

    I'm 20 years old, I have a 7 month old daughter. Her paternal father hasn't been in the picture since I was 2 months pregnant with her. Since I was 3 months pregnant a new man came into my life and he has been there through all of my pregnancy, th...

    Emily’s Answer

    I agree with the other two answers. You should speak with an attorney about your issues.

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  • As a landlord, can I sell my property even though I have a signed lease from my tenants in Colorado?

    I have notified the tenants of my intent to sell. I have asked permission to show it. They are concerned they won't be able to find another place to live. Their lease is up in 2014. I have told them they will have at least 30 days from contract t...

    Emily’s Answer

    I agree with Mr. Thomas. You should speak with an attorney.

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  • 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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