Suzanne Griffiths’s Answers

Suzanne Griffiths

Littleton Divorce / Separation Lawyer.

Contributor Level 11
  1. If my ex-husband remarries, can his new wife's wages be garnished for back child support?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    No you may not garnish his new wife's income. She is not liable for his child support obligations.

    2 people marked this answer as helpful

  2. Filing for sole custody

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    Go to the Colorado State website. http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/15 You need to file a Petition for Allocation of Parental Responsibilities. All the information needed can be found on the web site. Your chances of getting sole parental responsibilities are good because the father has not played much role in the child's life and is in jail.

    1 person marked this answer as helpful

  3. Am I still liable for medical and dental for my child over age 19 if I keep paying the same amount of child support?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    Emancipation occurs and an order for child support terminates when a child attains nineteen years of age, unless the child is then mentally or physically disabled or is still attending high school. If you have two children you will need to file a motion to modify the order at this time or you will have to continue paying the full child support for the remaining child. Once your child is emancipated you have no obligation to pay any health insurance premiums for the emancipated child or to...

    1 person marked this answer as helpful

  4. Hi, I currently moved to a new state and my child support order will be here too and hoping to get it modified.

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    No your new husband's income is irrelevant for the purposes of calculating child support. If your husband's makes regular gifts of cash to you each month it is arguably income to you.

    1 person marked this answer as helpful

  5. Child's father filed for Chpter 13 Bankruptcy- can I still establish a support order

    Answered almost 5 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    Actions to establish or modify alimony, maintenance, or support are exempted from the automatic stay provision. 11 U.S.C. § 362(b)(2). Because these actions are exempted from the stay provision, you may proceed and the Chapter 13 filing will not affect your claim for support. In addition domestic support orders cannot be discharged in bankruptcy. As regards the unpaid medical bills I suggest you contact a bankruptcy lawyer to assist you in collecting this debt as it may be more complex than a...

    1 person marked this answer as helpful

  6. Divorce; Fair and Equitable Distribution of Individual Retirement Account funds

    Answered almost 4 years ago.

    1. Suzanne Griffiths
    2. Andrew Daniel Myers
    2 lawyer answers

    Colorado is an equitable division state. In deciding what is equitable the Court will look at issues such as the total assets, the contributions of the parties and your earnings. Since your wife has never worked, she probably does not have the same earnings from social security that you have. This is an economic factor which the Court can take into account. It does appear that she is able to work after the divorce and that may balance out the social security issue. As a starting point an equal...

  7. How do I prepare for a pending divorce?

    Answered over 4 years ago.

    1. Charles E. Cump
    2. Suzanne Griffiths
    2 lawyer answers

    The divorce will require financial disclosures so get your finances in good order. You will need 3 years of tax returns, your bank statements, credit card statements, details of your earnings and assets, insurance documents etc. Since you run a business you need all the details of receipts and expenses. Usually the Courts will not set off a child support obligation against equity in the house. If you have a maintenance claim you might decide to waive that claim in return for additional assets.

  8. Does it look poorly upon me if I ask the father to terminate his parental rights before the baby is born?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    When considering allocation of parental rights and responsibilities the Court will look at the conduct of both parties. A threat that might harm the child will be seen in a negative light by the Court. Your statement that the father should consider terminating his parental rights may be seen as failing to encourage a relationship between parent and child. The likelihood of any court allowing him to terminate his parental rights is virtually zero. Unless you have a willing step parent able to...

  9. Calculations for child support in Colorado

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    The Court will not take into account the income of a new spouse when calculating child support. Only the parents are legally liable to support children. Step parents have no obligation and their incomes are not factored in. If however the new wife pays regular amounts of money to the husband, then those payments may be considered gift income. Payment of direct expenses such as mortgage payments, cable TV payments etc do not qualify as gift income.

  10. I have never been married before and I just got married. My husband wants to adopt my 9 year old son. We live in Avon CO

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    You would need to file a petition for a step parent adoption. If you cannot locate the biological father the Court may entertain a request to publish the notices. I suggest that you contact an experienced adoption attorney who will be able to guide you through the process. A welfare report will be required.