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Kathlyn Angela Laraway

Kathlyn Laraway’s Answers

58 total


  • How far do I have to go to make sure my ex receives the alimony I am sending?

    Was married and divorced in Colorado. My ex originally instructed me to send the alimony to her parents address. The May alimony check did not get cashed and after looking on the internet in June I learned she had been incarcerated. My bank wil...

    Kathlyn’s Answer

    Further, is your alimony contractual or non-contractual? If it is non-contractual, you may consider modifying it, as your ex is currently in jail, circumstances may have changed so substantially and continually that warrant a reduction or modification in maintenance. I would continue paying in the manner ordered by the Court until there is a court order or an agreement that allows you to stop or change the method of payment. Otherwise you could end up in contempt of the Court's order.

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  • My wife and I have been separated for about 7 years but not legally divorced. My question is in regards to child support.

    She is now filing for divorce through an attorney. All this years we had a mutual agreement and I have been sending $600 monthly. The attorney requested my pay stubs and hers and based on that they calculated that I should be paying $1800 a month ...

    Kathlyn’s Answer

    It is difficult to say if $1800.00 would be accurate or not without more information. Child support is based on many factors, including parenting time (overnights with each parent), gross monthly income, whether either party has other children or child support obligations, how many children, cost of health insurance and costs of education and work-related child care costs. There may also be other extraordinary expenses for the child that could factor into the calculation. You should contact an attorney to discuss your case fully and make sure that any modification to child support is accurately calculated.

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  • Acknowledging your the father vs. biological father.

    Its horrible to think but I have been paying child support for about 6 years now and really been putting things together that my kids might not be biologically mine. Can I get a paternity test this late to determine if they are mine or not? I have...

    Kathlyn’s Answer

    I agree with Mr. Leroi. You are likely to be considered the psychological parent even if you are not the biological father, after 6 years. If a court finds you are the psychological parent, then you may still be required to pay child support. Also, it depends if you have admitted paternity in any of the court proceedings so far. I would think long and hard about going this route. However, if you are certain that they are not your children, you could petition the court to order a paternity test. Whether they would at this juncture is hard to know without more details of your case.

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  • What date do I put for "date of separation" on divorce papers?

    If I am having him served while we still reside together, what do I put for a date of seperation. Also, do I list our address as his address on the petition?

    Kathlyn’s Answer

    Just be sure to update your address with the Court if you do move out of the marital home.

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  • I have a question on Child Support modification.

    My Ex spouse is asking for child support modification, the circumstance is she is unemployed receiving unemployment, but received a large gift from her father from an inheritance. The gift to her was en excess of $1.2 million. She has quit her, pu...

    Kathlyn’s Answer

    I agree with Mr. Rich. If your ex voluntarily quit her job, then she should be imputed to the income that she was able to earn ($30.00 and hour). You could try to argue that the gift is income, but it is likely only a one time gift, and thus will not really be income. However, if the court is made aware of this gift it is possible that they could impute her to more income or deviate from the child support guidelines based on this money on the basis of equity. As Mr. Rich stated, this would be a hard argument to win. I would certainly request attorney fees in this matter though.

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  • What steps need to be take to obtain child support?

    I am pregnant and the father does not want any responsibility for the child. I do not make enough money to support the both of us and will need the extra help. The father lives in a different state and will not return my phone calls to discuss the...

    Kathlyn’s Answer

    Both my colleagues are correct. Just know that serving the father of your child may be more difficult than you might think, especially as he is in another state. Consider contacting an attorney to help you with this process as Juvenile Court processes can be complex, and an attorney will be able to help you figure out everything, and get the father served. Be aware that if he contests paternity, he may request a blood test.

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  • Can my mom prevent me from getting my son after filing for termination of guardianship?

    A year and a half ago i let my mother obtain guardianship over my then 6month old son so that i could go to school in salt lake city, utah. I have since graduated school, have a good job in Health Care and am renting a nice house in Colorado. I am...

    Kathlyn’s Answer

    This seems like a Utah question because that is where your initial court case is. I would recommend reposting this for Utah, and I would contact an attorney about this, because I believe that here in Colorado, your mom may have standing to contest the change in guardian. If your mom is not willing to work with you, you may be headed back to court. The Juvenile Court system is complicated and there is a lot at stake. Get an attorney if you can!

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  • Can I file a restaining order on my ex husbands wife for constant harrassment?

    I have a parenting plan with my husband, he refuses to talk to me and has his wife contact me for issues regarding the kids. I have asked her and my exhusband to not have her contact me and it just continues. She is nasty in her emails and texts ...

    Kathlyn’s Answer

    Does your parenting plan indicate anything regarding communication between the parties? Some do, and if it requires him to contact you via phone, email or text, and he is having his new spouse do the communicating, then he may be in violation of the parenting plan, which you could seek action from the Court about. If the parenting plan is silent on the matter, you could consider filing a motion to modify the agreement or parenting responsibilities to decide how communications should be made.

    Think long and hard before filing any type of restraining order, as it will inevitably only worsen the situation. It may be better to go through the domestic courts for this issue, than to involve criminal/county courts in the matter.

    Consider discussing your case with an attorney.

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  • When you are emancipated do you still get your parents healthcare benefits

    if i have to go to the hospital will it still be covered?

    Kathlyn’s Answer

    I agree with Mr. Kendrick. Whether you could remain on your parent's is likely upto the plan. Under recent health care laws, students may stay on their parents' health insurance until 26 years of age. However, being emancipated generally requires that you be completely independent and support yourself financially. I believe if your parents did not wish to continue allowing you to remain on their insurance, if you were emancipated, they could remove you and you would need to find your own insurance.

    If you are considering becoming emancipated, consider contacting an attorney to help with the process.

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  • Does a father that is not on the birth certificate have any rights, can they get custody of the child?

    My sister recently had a baby, she did not put the fathers name on the birth certificate and the baby has her last name. The father of the baby is into drugs and has a long history with the law. He says he is going to get a paternity test and take...

    Kathlyn’s Answer

    The father could certainly petition for paternity of the child, and if a paternity test shows he is the father, then as stated above, he could be ordered to pay child support, and he could also petition for parenting time and decision making rights regarding the minor child. Given your description of the father, it would be up to a Court to decide if the father having parenting time was in the best interests of the minor child. If it is not, then he may not be allowed any parenting time, but would still be liable for child support. This type of case becomes highly complex, often very quickly. If the father takes legal action, advise your sister to seek legal help.

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