Culver Winston Van Der Jagt’s Answers

Culver Winston Van Der Jagt

Denver Divorce / Separation Lawyer.

Contributor Level 14
  1. Is it against the law for a woman with a child(ren) to date or marry a sex offender

    Answered over 3 years ago.

    1. Culver Winston Van Der Jagt
    1 attorney answer

    It is not against the law to date or marry a sex offender. I have seen this situation very often and many attorneys wish that they would change the designation for cases like that one. The problem that you do have, however, is potentially with Social Services and also with your ex. Sometimes Social Services can state that you are putting your own children at risk by exposing them to a registered sex offender and they can begin to exercise thier power as a result. Also, your ex could fairly...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Can my entire income for a month be taken for garnishment in a small claims court case?

    Answered almost 4 years ago.

    1. Culver Winston Van Der Jagt
    2. John W. Carini
    2 attorney answers

    I agree with John, but most of those statutes are geared towards direct withrawals from the paychecks themselves. I think a bank account is not as protected. I'm amazed that they were able to strike that hard and I think John is right that the order itself might limit what can be taken at any one time. You will not likely get the money back unless the bank allowed for a withdrawal which was in excess of what was allowed by court orders. I'm sorry this happened to you.

    3 people marked this answer as helpful

  3. If I refuse to let my ex have my daughter back, is that a civil issue?

    Answered 10 months ago.

    1. David Littman
    2. Christopher Daniel Leroi
    3. Culver Winston Van Der Jagt
    3 attorney answers

    I would reitterate Dave and Chris' answer, except that I would definitely tell you that you need to seek an attorney. These cases are explosive and often end in one parent being excluded from the child and without the proper approach, it sounds like you are headed for a violation of a court order, which could result in a total loss of custody or (hard to think of it) worse. Please seek an hour with a family law attorney.

    1 lawyer agreed with this answer

  4. Does filing as married on a federal tax return without actually being married, marry you in the state of colorado

    Answered 11 months ago.

    1. David Littman
    2. Stephen Clark Harkess
    3. Christopher Daniel Leroi
    4. Culver Winston Van Der Jagt
    4 attorney answers

    I guess the answer is - it depends on some of the other factors... Colorado has common law marriage, but most judges want to see more than that. On the other hand, some judges will regard that as a sworn statement that you are married (which is a major factor in a determination of common law marriage). Be careful! The feds are not so friendly and knowingly making a false statement on a Tax return could bring undesirable consequences. The way you would find out the answer is to read other...

    1 lawyer agreed with this answer

  5. Creditors garnishing wages.. Bankruptcy?

    Answered 11 months ago.

    1. Robin Kert Hunt
    2. Christopher Daniel Leroi
    3. Culver Winston Van Der Jagt
    4. Joseph Wrobel
    4 attorney answers

    It sounds like to you need to get in and declare Bankruptcy to stop them. Did you know that Walt Disney, Abe Lincoln, President Grant, Donald Trump, Elton John, Henry Ford, and Thomas Jefferson all made the same decision? Don't worry about it anymore - time to go see an attorney and back these creditors off!

    1 lawyer agreed with this answer

  6. What if I lied about a domestic violence issue against my husband and now he is on probation and has to go to dv classes he did

    Answered 11 months ago.

    1. Christopher Daniel Leroi
    2. Culver Winston Van Der Jagt
    2 attorney answers

    This is a difficult question to answer. A lawyer cannot help you offer false evidence to a tribunal and will be obliged to correct your misstatement if you made it to a court. Discuss with a criminal attorney for a half hour if you can.

    1 lawyer agreed with this answer

  7. In a long-term legal separation in CO, how would I protect myself if my spouse decides to convert to divorce in 6 months?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Culver Winston Van Der Jagt
    3. Stephen Clark Harkess
    4. Karl J Geil
    5. W Michael Franklin
    5 attorney answers

    I'm not sure what you are trying to protect yourself from... a divorce? If you are trying to protect yourself from a divorce, I don't think a contractual provision in a separation agreement would do the trick... I don't think you can force a long term legal separation absent some pretty unique set of circumstances (perhaps lack of capacity of your husband could create a long term separation, but outside of that, I'm not sure how you could contract for something like that).

    1 lawyer agreed with this answer

  8. If I will be losing my job due to divorce, should I fill out my Sworn Financial Statement with my current employment info?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Culver Winston Van Der Jagt
    3. Mary Katherine Brown
    3 attorney answers

    I agree that your sworn financial statement needs to reflect the situation as it exists on the date that you have the document notarized, but you may want to use extra space on the document to add a notation that says something like "I will not be able to work for my current employer upon the date of divorce because..."

    1 lawyer agreed with this answer

  9. How to fill out allocation of parental responsibilities forms?

    Answered about 3 years ago.

    1. Culver Winston Van Der Jagt
    1 attorney answer

    The instructions can be found here: http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/108 When you say you are serving the "obligor" I wonder if you mean that you are also serving child support related documents. I recommend that you spend an hour with an attorney to make sure all of this is done right the first time. You do need to have him served in jail and you probably need to discuss with an attorney whether you should be filing a petition or a motion and how service...

    1 lawyer agreed with this answer

  10. I am the mom of a 7 yr old. Her father and I were never married.Can we make our parenting agreement legal without a lawyer? How?

    Answered about 3 years ago.

    1. Culver Winston Van Der Jagt
    1 attorney answer

    It can be done without an attorney, although I would not necessarily advise it. I have done several "mediations" for clients in your situation and from beginning to end, I can generally get it done for about $750 plus court filing fees. It takes about 2 sessions of roughly 2 hours for each session to get the job done... again, I don't think you are going to save anything by trying to get it done by yourselves... generally, doing so leaves too many loose ends that you will have to revisit....

    1 lawyer agreed with this answer

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