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Laurie Ann Schmidt

Laurie Schmidt’s Answers

261 total


  • If there is a prenup & postnupial agreement, are both enforceable after one parties death?

    This would be in the state of Colorado

    Laurie’s Answer

    Your questions is a bit to vague to answer in a forum such as this. I would suggest contacting a family law attorney in your area, if the issue involves martial vs non martial assets and an estate attorney if the issues involve transferring assets after the passing of a person.

    Good Luck!
    Laurie

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  • Child support and School

    I currently admitted in full time MBA program for the fall semester and I am preparing for CPA exam as well. I have full time job and current on child support. When fall semester comes, I am thinking working part time because of my school and prep...

    Laurie’s Answer

    Your question cannot be answered on a forum such as this because it is to fact specific to generate a guess. Modification of a child support award requires a showing of changed circumstances that are substantial and continual. Typically, less then a 10% change in the award would most likely not be considered substantial.
    Good Luck!
    Laurie

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  • I was served with a civil protection order from an ex-girlfriend. I go to court Thursday do I need a lawyer?

    Been fighting with e-mails. Crazy thing my computer gets hacked, only thing messed with is every text, email picture any thing with her name on it was removed. Didn't touch my banking or my sons banking. all her evidence is in selective e-mails.

    Laurie’s Answer

    You should go to the hearing and it would be a good idea to have an attorney go with you. If you do not go to the hearing, the court will automatically make the restraining order permanent. Haveing a permanent restraining order against you could have other consequences, outside of not being able to contact your ex-girlfriend. If you cannot not afford an attorney or don't have time to get one, ask the court for a very brief continuance to get an attorney. The court should grant you two weeks.

    Good Luck!
    Laurie

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  • I am out of town for a week, what if my notice of hearing comes while I am gone?

    I have to leave town for a week, I submitted a request for a hearing 24 days ago. I am worried the Notice of Hearing will come while I am gone. Is there another way to find out the time, place, date of the hearing?

    Laurie’s Answer

    You can contact DMV Hearings to see if it has been scheduled. I would recommend doing this everyday while you are gone. Hearings division is (303) 205-5606. Have your Col drivers' license with you when you call.

    Good Luck!
    Laurie

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  • If a police officer comes to your door to serve you papers is it legal for him to just put them on the ground

    I was being served for a protection order from someone i haven't see nor spoke to in several years.

    Laurie’s Answer

    It is legal, but as the previous poster indicated, it might not be good service. It would be good service if the officer identified you, tried to hand you the papers, and you refused to take them. The officer putting them on the ground is good service. If you ignore the court date, you run the risk of the protective order being made permanent. You should hire an attorney to fight this case for you.

    Good luck!
    Laurie

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  • What are the forms needed to file for parental rights

    father of 2yr old twins in Denver co mom left with my boys to Amarillo tx 4 days ago

    Laurie’s Answer

    It is unclear if you are trying to get a court order to ensure that you have legal care and decision making for your twins or if you are protecting the twins from mom taking them to Amarillo. Either way, your situation is a bit to complicated for this forum. I would encourage you to contact a family law attorney for assistance, there are many good attorneys on AVVO. If you cannot afford an attorney, you may try Metro Volunteer Legal at (303) 830-8210. This organization also offers legal clinics that may help you.

    Good Luck!
    Laurie

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  • Protection Order viewed differently by Sheriffs office and court. What would happen if I ignore Sheriffs Office interpretation

    My Fiance is in county jail. I've been visiting for months with no problem. Then abruptly a deputy puts a block on contact. They cite a 2 year old protection order as the reason. Now the court had a caveat on the order at the time it was issued s...

    Laurie’s Answer

    Agreeing with the other posters, I would also add that you may contact the court that issued the protective order and ask for a certified copy of the order, showing that it expired in 7 days. It could possibly be that the clerk that entered the order did not enter an expiration date. This does need to be fixed because it can result in more issues then being denied the jail contact.
    Good Luck.
    Laurie

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  • My husband received a temp restraining order from our neighbors. What are our rights and allowed actions at the hearing?

    We went to court in Oct. due to their barking dogs. We lost, but thought as long as they keep the dogs quiet, ok. We want nothing to do with them. Today a restraining order was delivered, saying Jeff threatens and antagonizes them, i.e. we were...

    Laurie’s Answer

    You may want to consider hiring an attorney for this hearing. The attorney will help you prepare for the hearing as well as present your case to the judge. Having a restraining order in effect can cause a multitude of problems for you and your husband in the future, like alleged violations of the order. Until the hearing, follow the restrictions and prepare for the hearing.

    Good luck,
    Laurie

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  • If my girlfriend is being harrassed and i threatened them?

    My girlfriend has been harmed and harrassed by this person and one day they texted her and out of anger I threatened to kill them And after I threatened him he is still harassing her saying if she don't talk to him he will turn in the text to the ...

    Laurie’s Answer

    You have two very separate things going on. First, your girlfriend should consider obtaining a restraining order against this person. She can do this without going to the police. If she does take this action she should be prepared to tell the judge what the behaviors are and why she is afraid of this person.

    Second, as to your text- you cannot un-ring the bell. If this person is or is not going to go to the police has nothing to do with you or your girlfriend. He either will or wont. If he does, you would more then likely be contacted by the police. If this happens, hire a criminal defense attorney. Do not try to explain your story to the officers as anything you say will be used against you.

    Good luck,
    Laurie

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  • Hello, I was recently pulled over and arrested for a DUI/DWAI in Fort Collins Colorado and refused a blood test. What are my opt

    Pulled over for faulty license plate light. The Officer claimed that I was intoxicated on marijuana because me my eyes were red and he could smell it. Searched my person and took glasses away, did not search car. Had me do roadside test ...

    Laurie’s Answer

    The officer only needs probable cause to arrest and charge you with an offense. There must be enough facts that a reasonable officer would believe that you were operating a car under the influence of marijuana. From your limited description, it sounds as if the officer will say that there were signs of resent marijuana use (eyes and smell) and that you did not do roadsides like a sober person would. If this is enough to arrest you and ask you take a test is unknown. Even if it is enough to arrest you- it may not be enough for the prosecution or state to conviction you of the DUID.

    You should contact a DUI lawyer immediately. If you are going to attack the officer for arresting you, you must do so in a motion to suppress the information from the stop. Other defenses may be available to you, which a DUI lawyer would be able to tell you after an investigation into the charges.

    Good luck!
    Laurie

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