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Suzanne Griffiths

Suzanne Griffiths’s Answers

29 total

  • If I'm divorced before our baby is born.and I have permanent restraining order on me.can i come when she gets ready to give

    birth.and she wants me their.or what if the babys not mine.does she get in trouble with the military if it's adultery.but where divorce before the baby been born.

    Suzanne’s Answer

    No you may not violate a permanent restraining order. She would need to file a motion to dismiss the Order or you would need to do so. Failure to comply with the terms of a restraining order could lead to your arrest and criminal charges against you. I am not an expert on issues with the military and adultery. You would need to seek advice from an expert in that field.

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  • Filling out a packet pertaining to allocation for parental resonsibilties,or signing over all rights? What should I do?

    I was dating this guy for five months and to my dismay,I ended up getting pregnant right before we broke up. This has been devastating to me and my life,for I did not want any more kids,and I already have one child from a different father. My rece...

    Suzanne’s Answer

    In my experience, most judges will not allow you to relinquish your parental rights including an obligation to pay child support unless there is another willing person such as a step parent willing to take on the responsibility. It is difficult to be relieved of a child support obligation because the right belongs to the child rather than the parents. If circumstances change, the child may later need support and a claim could be made. The claim by your ex that he will not claim support from you probably will not be legally binding if he changes his mind.

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  • How to reinstate when (divorcing) spouse did not pay Health Insurance??

    My husband & I separated 7/22. Went to standard Colorado divorce/separation meeting, 8/26. Came out he stopped his (& MY) health insurance benefits through his job (June?) - he took "temporary medical leave" or "temporarily laid off", Administaff/...

    Suzanne’s Answer

    If your husband failed to comply with the Court's order you may file a motion with the Court for Contempt of a Court Order. If you have a valid order requiring him to reinstate or remedy your coverage regarding health insurance and he fails to do so, then he has violated a Court order. You can request that he be imprisoned until he remedies the breach. If he cannot reinstate the insurance you could request that he pays all your medical expenses that would have been covered had he complied. You could also request that he pay the costs of alternate health insurance if you are able to obtain another health insurance plan.

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  • How can I divorce if my husband has disappeared?

    I was swepted off my feet, only to find out that my husband had intentions to receive his green card. He is from Israel, and once I found out he had disappeared. I have tried to serve him, and hired someone to serve him at his ex wifes residence, ...

    Suzanne’s Answer

    When all other methods fail, the court will allow service to be made by publication. This involves publishing the divorce petition in a newspaper where your spouse is likely to be living for a specified amount of time. The statute provides for this process as follows:
    "upon motion verified by the oath of the party commencing the proceeding or of someone in his or her behalf for an order of publication stating the facts authorizing such service, and showing the efforts, if any, that have been made to obtain personal service within this state, and giving the address or last-known address of each person to be served or stating that his or her address and last-known address are unknown, the court shall hear the motion ex parte and, if satisfied that due diligence has been used to obtain personal service within this state or that efforts to obtain the same would have been to no avail, shall order one publication of a consolidated notice in a newspaper published or having general circulation in the county in which the proceeding is filed, notwithstanding the provisions of article 70 of title 24, C.R.S. A consolidated notice shall be published at least once during a calendar month and shall list the proceedings filed subsequent to those named in the previously published consolidated notice, stating as to each proceeding the names of the parties, the action number, the nature of the action, that a copy of the petition and summons may be obtained from the clerk of the court during regular business hours, and that default judgment may be entered against that party upon whom service is made by such notice if he or she fails to appear or file a response within thirty days after the date of publication. Costs of publication of a consolidated notice may be assessed pro rata to each of the proceedings named in the notice; except that, if a party is indigent or otherwise unable to pay such publication costs, the costs shall be paid by the court from funds appropriated for the purpose. Service shall be complete upon such publication, and a response or appearance by the party served by publication under this subsection (4) shall be made within thirty days thereafter, or default judgment may be entered. No later than the day of publication, the clerk of the court shall also post for thirty consecutive days a copy of the process on a bulletin board in his or her office, and shall mail a copy of the process to the other party at his or her last-known address, and shall place in the file of the proceeding his or her certificate of posting and mailing. Proof of publication of the consolidated notice shall be by placing in the file a copy of the affidavit of publication, certified by the clerk of the court to be a true and correct copy of the original affidavit on file in the clerk's office."
    Unless your husband has attended the interview with you, he will not receive his green card.

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  • What rights do I have with my 16yr old pregnant daughter in Colorado. The daddy of her baby was 18 at the time of conception.

    I want to know if she wants to live with him at 16 is it legal? What rights to I have with her education? Can I make her stay in school?

    Suzanne’s Answer

    You remain her parent and have the normal parental rights. She is not yet legally emancipated. You can certainly insist that she remain in school although that may be difficult to enforce if she refuses.

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  • Do I have to pay child support in Arapahoe County Colorado if my 18 year old son is incarcerated?

    My 18 year old son is incarcerated for breaking his parole. He turns 19 in March 2010. I am paying child support for him currently at this time and know that the person receiving the child support is not sending the money to him. Do I have to cont...

    Suzanne’s Answer

    I would file a motion to modify the child support obligation. This is an unusual case and there is no legal precendent. However I would argue that your son is emancipated and able to provide his own support or that his needs are reduced. The Court has the power to deviate from the child support guidelines. In any event you will need to modify in March 2010 and it may take a while to get the order changed so you should file now.

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  • I live in Colorado. My daughter turns 19 in October of this year. Am I required to pay for the Beauty school shes enrolled in.

    Daugher graduated HS in May. Became a mother in July. Her mother filed Motion to Modify stating daugher lives with her full time and is enrolled in Beauty School beginning Sept. 12th. All parties knows she lives between mothers house and boyfr...

    Suzanne’s Answer

    Child support terminates in CO at age 19 years. You have no obligation to pay any child support as soon as your daughter reaches age 19. You are also not obliged to pay the cost of beauty school. Your sole obligation is to pay child support which is calculated using the CO Child Support Guidelines though age 19.

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

    I am in the middle of a law suite with my ex to establish a support order for my daughter. She is almost 7 and he has never paid a dime. He knows that he is about to have a huge amount of arrears to pay, so he filed for Chapter 13 Bankruptcy. W...

    Suzanne’s 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 fixed support order.

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  • In the state of Colorado how are student loans acquired solely by one spouse of the marriage divided in a divorce?

    We live in Colorado. My spouse borrowed $100,000 in student loans solely in their name while living here, but received no degree or certificate. A small amount of this money may have been used for family debts/support, although they were employed,...

    Suzanne’s Answer

    In Colorado, for purposes of making property division upon dissolution of marriage, marital liabilities include all debts which are acquired and incurred by husband and wife during their marriage. C.R.S. § 14-10-113(1)

    This issue was specifically addressed by the Colorado Court of Appeals in the case of In re Marriage of Speirs 956 p.2d 622 Colo. App. where the court held "treating student loans contracted during marriage as marital debts in no way forecloses the trial court's ability to award such debts to the spouse actually incurring them. Rather, removing such debts from the class of separate liabilities enhances the trial court's ability to enter the most equitable distribution of the marital estate based upon all of the circumstances affecting the parties' situation at the time of dissolution.
    We, therefore, hold that the unpaid student loans obtained by wife during the marriage are marital debts."

    The Court retains complete discretion to divide this debt equitably.

    Your wife remains directly responsible for the debt to the lender. Any order given by the divorce court will not release the debtor spouse of laibility if the other spouse fails to pay any amounts ordered.

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