Culver Winston Van Der Jagt’s Answers

Culver Winston Van Der Jagt

Denver Divorce / Separation Lawyer.

Contributor Level 14
  1. Can my entire income for a month be taken for garnishment in a small claims court case?

    Answered about 5 years ago.

    1. Culver Winston Van Der Jagt
    2. John W. Carini
    2 lawyer 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

  2. What can I do to protect myself/How can I help my parental rights situation?

    Answered about 1 year ago.

    1. Daniel Nelson Deasy
    2. Christopher Daniel Leroi
    3. Stephen Clark Harkess
    4. Culver Winston Van Der Jagt
    4 lawyer answers

    I agree with Dan. You must get an Illinois attorney on this immediately. Under these circumstances if the case were a Colorado one, which it does not appear to be, the very type of case filed would make a huge difference on your question. She would be racing to the courthouse to file one type of case and if you were well advised, you'd probably be running to the courthouse to file a different type of case to preclude her right to child support back to birth. Call a lawyer.

    1 lawyer agreed with this answer

  3. Can I file a restraining order before I start my divorce process

    Answered about 1 year ago.

    1. Daniel Nelson Deasy
    2. Justin Steele Ross
    3. Culver Winston Van Der Jagt
    4. David Littman
    4 lawyer answers

    You can certainly file a restraining order at any time, provided the facts support such a filing. You had better discuss this with an attorney since the filing of a protection order followed by the filing for divorce can and often does lead to two separate cases. Your facts are going to be critical. You might want to call a lawyer who deals frequently with domestic violence and divorce. Free consultations are always good.

    1 lawyer agreed with this answer

  4. Can child support be established after the final decree of divorce?

    Answered about 1 year ago.

    1. Daniel Nelson Deasy
    2. David M. Rich
    3. Jessica Peck
    4. Culver Winston Van Der Jagt
    4 lawyer answers

    Yes. Child support is (almost) always modifiable... Even after a decree. Please consult a lawyer.

    1 lawyer agreed with this answer

  5. My wife and I have been separated for about 7 years but not legally divorced. My question is in regards to child support.

    Answered about 1 year ago.

    1. Kathlyn Angela Laraway
    2. Stephen Clark Harkess
    3. Culver Winston Van Der Jagt
    3 lawyer answers

    It will probably wind up being a title 14 case, which means she would likely get support starting as of the date of filing. If it is filed as a title 19 case, things could get more complicated, depending on the facts, but most if these situations are 14s. Answering this question is not a replacement for legal advice and does not create an attorney-client relationship.

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

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

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

    Answered about 2 years ago.

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

  8. Creditors garnishing wages.. Bankruptcy?

    Answered about 2 years ago.

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

  9. 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 about 2 years ago.

    1. Christopher Daniel Leroi
    2. Culver Winston Van Der Jagt
    2 lawyer 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

  10. 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 2 years ago.

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

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