Suzanne Griffiths’s Answers

Suzanne Griffiths

Littleton Divorce / Separation Lawyer.

Contributor Level 11
  1. I was married in Texas, but now my wife lives in Georgia, and I live in Colorado, do we have to file for divorce in Texas?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    You may be able to obtain a divorce in Colorado. However if your wife has never lived in CO then the CO Court will not have jurisdiction to determine property division and maintenance. You could obtain a divorce in the jurisdiction where your wife resides as well. Since neither of you live in Texas it is unlikely that the Texas Court's would take jurisdiction.

  2. Common Law marriage and alimony?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    If you represent to your fiance's health insurer that you are common law married you will likely trigger an end to your current maintenance/alimony. If you remarry then your maintenance generally terminates. If your ex spouse becomes aware that you have remarried he may have a claim for repayment of all amounts since your common law marriage. You cannot have things both ways.

  3. "Decree, the Findings of Fact, Conclusions of Law and Permanent Orders and the Order Reducing Attorneys’ Lien"

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    2. Suzanne Griffiths
    2 lawyer answers

    If the Court issued a Decree that would be the final order of divorce. Findings of Fact, Conclusions of Law and Permanent Orders set forth the details of the Court's findings and the orders given at the final divorce hearing. An Order reducing Attorney's Lien refers to an order in favor of the party's own attorney for fees that have not yet been paid. Any attorney representing a client has a right to a lien on any assets awarded to their client in the divorce to insure that their fees are paid....

  4. How do I get my ex-wife to pay her half of the debt as stated on the divorce decree? She just decided to stop paying!

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    You should file a Motion with the Court to have your ex wife cited for contempt. You will need to file an affidavit setting forth the circumstances of her failure to follow the Court's order. Your ex will be served with the documents by a process server and ordered to appear in Court and show cause why she should not be committed to prison for failing to comply with the Court's order. You can also obtain an award of attorney fees against her if you succeed. The other option is to file a Motion...

  5. Is my husband obligated to support his stepson?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    Step parents are generally not liable to pay support for step children. However it depends if he has agreed to a legal obligation in return for visitation. The mother may file a request for child support against the biological father. However it seems that since your husband pays these expenses she has little incentive to go after the biological father.

  6. How hard is to get full custody of my kids if me ex is not paying child support?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    2. Suzanne Griffiths
    2 lawyer answers

    Payment of child support is not a primary factor that the Court will consider when considering a Motion for Relocation. The Court will consider the best interests of the children in considering a request to move and will specificially focus on the following factors: The reasons why the party wishes to relocate with the child; (II) The reasons why the opposing party is objecting to the proposed relocation; (III) The history and quality of each party's relationship with...

  7. Am I obligated to pay child support until age 21 even though the new statute states age 19?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    2. Suzanne Griffiths
    2 lawyer answers

    The Child Support statute provides that for child support orders entered prior to July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless certain conditions exist. I would file a motion to be on the safe side, but you should have no obligation after age 19 years.

  8. My ex-husband and I have "joint" custody of our son but I have him 95% of the time. He refuses to watch his son & makes his mom

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    It is hard to force him to have time with your son. If he is not interested in seeing much of your son, you don't have much option except to take care of him. However he has to pay child support based on a worksheet A which means he will pay more than if he had 92 overnights or more. You can ask Family Support to assist you in claiming child support.

  9. How do i go about getting like a "civil assist" for every time that i have to drop and pik up my daughter from her dads house?

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    You may want to file a motion with the Court and ask that exchanges take place at a police station or fire department. You could also request that exchanges take place at a public place. If he threatens you and you can show imminent danger you may file for a protection order. It could however make exchanges complicated since he cares for the child each day.

  10. How can a woman have her name removed from a mortgage and get visitation rights to a child that isn't hers bilogicly

    Answered over 4 years ago.

    1. Suzanne Griffiths
    1 lawyer answer

    A person other than a parent, who has had the physical care of a child for a period of six months or more, may seek visitation rights, if such action is commenced within six months of the termination of physical care of the child. She needs to seek legal advice immediately as there is a limited right to establish visitation, but it must be exercised no later than 6 months after care of the child ceases. Her boyfriend would have to refinance the loan on the mortgage to remove her from...