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Joshua Samuel Wohl

Joshua Wohl’s Answers

21 total

  • School District Change

    My ex and I live in different states (CO is the state where our court order was filed). My daughter lives primarily with me. I will be moving 20 miles from my current home which is closer to work and closer to family which takes our daughter out o...

    Joshua’s Answer

    Your ex may not have any grounds on which to object to this change, but that does not relieve you of your obligation to confer. Theoretically, let's say that you were moving to a very poor school district. Even if the old school is no longer an option, your ex could request that your daughter attend a private school, opt-in to a different school, or change primary residence to his/her home.

    If your separation agreement describes a process for conferring, obviously follow that. Otherwise, I would suggest that you put in writing to your ex (by letter or email) that you will be moving, the address to which you are moving, that this will necessitate a school change, and the school in which you want to enroll your daughter. Ask for your ex's position on this change.

    If your ex agrees to the change, you are done. If not, it sounds like your next step is to request that your ex participate in a mediation. You will want to take care of this as soon as possible, to minimize the chance that this interferes with the start of the next school year.

    I hope this helps, and as always, I recommend that you schedule a consultation with an attorney for more thorough, personal legal advice.

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  • How do I make an order that was granted to restrict parenting time enforceable in another state? It is a Colorado order.

    My fiance's daughter left Colorado in December to spend Christmas with her mom who lives in Florida. She has been found guilty on contempt charges. She did not come to her sentencing hearing and now has a warrant in Colorado. We also filed a motio...

    Joshua’s Answer

    You need to contact an attorney in Florida right away. If the police will not enforce a Colorado order, you will most likely need to register that order in Florida, so that the Florida court may issue its own order. There may be provisions to handle this as an emergency in Florida, to limit how long you have to wait. You do not want to handle this sort of matter on your own, and if the child is being hidden, time is of the essence. Please contact an attorney in that locale immediately.

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  • Can I file abandonment/step-parent adoption if there is no communication but child support is paid via direct deposit?

    I got divorced feb 2013 in Oregon after having to get a restraining order since there was years of domestic violence. I moved to Colorado may 2013 (as allowed in the divorce/parenting plan papers) and there has been one phone call in July 2013 be...

    Joshua’s Answer

    This is a situation where you definitely want to sit down with an attorney. That being said, generally speaking, Oregon would be the state to determine whether it still has jurisdiction over your son. If Oregon declines jurisdiction, you could proceed in Colorado. But if Oregon decides to retain jurisdiction, as it seems to have done here, you must proceed in Oregon. I would inquire as to when Oregon made that determination. If some time has passed, it might be worth trying again.

    As for a termination and adoption, I can only speak to Colorado law. But in Colorado, request termination of parental rights based on 1 of 2 grounds. Either the parent has failed to pay child support for the last 12 months or more (not applicable here- even a wage garnishment still counts as paying child support), or the parent has intentionally abandoned the child for the last 12 months or more. It sounds like the second option may apply in your situation. But once again, unless Oregon relinquishes jurisdiction, you will need to speak to an Oregon attorney about your options in that state.

    Hope this helps, and as always, I recommend that you schedule a consultation with an attorney for more thorough, personal legal advice.

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  • Post divorce questions

    I currently receive maintenance from my ex-husband. I am also under his company's health insurance using Cobra. If I go on my live in boyfriend's health insurance, would I lose maintenance? Also, how long can I stay on Cobra and do I ...

    Joshua’s Answer

    • Selected as best answer

    The Court's permanent orders would obviously control in this situation, so please understand that it is not possible to answer these questions fully without reviewing the court orders. That being said, with respect to maintenance, I would be hesitant to go on your boyfriend's health insurance. While it is not likely to automatically terminate your maintenance (unless there is language in the court orders to the contrary), your ex could try to use that fact as evidence that you are common law married. If you are living with your boyfriend, and on his insurance, your ex might be able to convince a judge that you are common law married, thus terminating maintenance.

    Generally speaking, moving out of state should have no impact on your maintenance, unless your court orders say otherwise.

    As for Cobra, you are correct that a divorce is one of the qualifying events that entitles you to 36 months of Cobra coverage. You typically do not have to provide any special notice to the plan of how long you intend to remain covered. Typically, your obligation is to pay each month on time, and complete any forms/requests sent to you by the plan. But pay attention to everything you receive from the plan, just in case they are asking for any specific notice.

    Finally, with social security, based on current laws, when you turn 62, you are entitled to choose between receiving benefits based on your own earnings history, or 50% of the amount based on your ex's earnings history, whichever is higher. The caveats are that you must have been married to your ex for at least 10 years, and you cannot be remarried when you retire.

    If he dies before you, and you and he were married for at least 10 years, theoretically you could receive 100% of the widow's benefits. However, the rules around this are very complex, and vary based on your age, his age at death, your own benefits, and a number of other factors, so it is difficult to give you a definitive answer at this time.

    Hope this helps. As always, I would advise that you sit down with an attorney for a consultation, to receive more thorough, personal advice.

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  • My husband would like to adopt my daughter and give her his last name. How is this done with an unknown bio dad.

    My daughter is 14 months and my current husband has been in her life from the beginning. I, stupidly had a one night stand before meeting my husband, and conceived that night. I have a first name of the dad, but no other information. No phone nu...

    Joshua’s Answer

    Mr. Goldman is correct in his answer. I will add that it is possible to terminate parental rights of a "John Doe," after publishing notice, and of course after a thorough and diligent search for the biological father. Some questions for you to consider... might you and the biological father know anyone in common? Where did you meet the father- could you go back and ask around if anyone remembers him? Do you know anything about him (occupation, interests, etc.)? As Mr. Goldman stated, it is far better to find the father and properly terminate, rather than having to defend against an improper termination later.

    It is best to retain an attorney if you are considering an adoption. The process can be complicated, and easy to get wrong if you don't have the proper knowledge. If you are interested, I would be happy to meet with you to discuss your options.

    Joshua Wohl

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  • My brother is $40,000 in arrears in child support, and he is getting a large inheritance.

    Can the state of Colorado take the inheritance money to satisfy this debt, or could he pay monthly payments?

    Joshua’s Answer

    Mr. Rich is correct. I just want to reiterate- at 12% interest, child support arrears can grow out of control very quickly. If it is within your brother's financial means after receiving this inheritance, it would likely be in his interest to settle this debt right away. Monthly payments will simply allow the debt to continue growing larger.

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  • I sued someone in small claims and settled for $350 during mediation. The defendant has not paid.

    The settlement does not state how long the defendant has to pay nor does it state any penalties for being late. It will apparently cost more than it's worth to go after the defendant unless one of you has an idea? What is the path of least resista...

    Joshua’s Answer

    The Colorado state courts website has forms and instructions for completing a garnishment:
    This is something that you will likely want to do on your own, as it would cost far more to hire an attorney than you stand to recover. You may also decide that the time and effort required are not worth $350.

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  • Do I owe for medical expenses to my ex, from the past 5 years even though I wasn't notified until recently?

    My ex says I owe her $6k for extraordinary medical expenses for my children. The claims go back 5 yrs, and now she wants payment. We have a condition in our mediation agreement where each pay 1/2, and are to provide a copy of the bill for reimb...

    Joshua’s Answer

    Her failure to provide documentation within the timeline set out by the court orders is a good defense for you. That being said, if you believe that the claims are legitimate (even though extremely late), and if you have the funds, you may want to consider negotiating a compromise with her, for the benefit of the children. Should she choose to escalate this situation, I would be happy to meet with you and provide you with more specific guidance.

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  • As a non biological father is there anything I am able to do to not lose my child?

    Since birth I had believed that a child was mine, the child is 4 years old now, and last year her biological father decided he wanted to grow up and be in the child's life. Since then the child's mother and I have separated, but we were never marr...

    Joshua’s Answer

    If it is less than 6 months since you and the mother separated, it may be possible for you to petition the court for a share of parental responsibilities. However, since the mother is supportive of your relationship with the child, nothing prevents her from allowing you to maintain a relationship with the child, as long as there are no court orders to the contrary in the case between her and the biological father. As long as you maintain a positive relationship with the mother, and she remains supportive of your relationship, you may not need specific court orders. However, be aware that should your relationship with her deteriorate, there would be nothing to stop her from cutting off contact.

    I would highly recommend that you speak with a family law attorney for more specific guidance.

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