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Culver Winston Van Der Jagt
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Culver Van Der Jagt’s Answers

324 total


  • Can anyone attend a divorce hearing?

    a member of my family is the respondant to a divorce proceeding, can other family members attend the hearing if not part of the proceedings?

    Culver’s Answer

    The answer is technically "yes", but the family members can be "sequestered" (forced to leave the courtroom) if either of the parties states that they may consider calling them as witnesses. If I were on the other side, I would have your family sequestered simply to reserve my right to call one of the family members to the stand if I needed to. I guess it depends on the attorney.
    Culver

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  • If one spouse hires an attorney and files for divorce, are both parties responsible to pay for the lawyer fees?

    My sister desperately wants to divorce her husband but both of them have no money. Her husband is making her life miserable knowing she cant file because of this. He threatens her about how he will make her life miserable if she were to come up wi...

    Culver’s Answer

    Technically, almost any debt incurred during a marriage is marital debt, which is split "equitably." That does not mean "equally". Many judges in situations like these will assign him his legal fee debt and not to her (especially if she represents herself). Nevertheless, there are other judges that can split the debt equally. There is case law to support your sister's position, but my experience is that guys like this abuse their wives in divorces just as they do in their marriages.

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  • I have a perm restraining order against me. it happen 7 years ago. can I have it removed? Can I find out what customs reads?

    9 Years ago, I had an affair with a married man. His wife took out a restraining order. ( all false accusations) Now I travel alot to other countries and every time I go through customs (coming back to the US), I am pulled aside or taken to anothe...

    Culver’s Answer

    Try this:

    FORMS
    To access forms online, go to the website at www.courts.state.co.us and click on the “Self-Help Center”. Please click either PDF or WORD by the title of the form. You may complete a form online or you may print it and type or print legibly in black ink.
     JDF 397 Motion to Dismiss Permanent Protection Order
     JDF 415 Order Vacating Protection Order
    After you have done your best on these forms, you may want to consult with an attorney for a half hour or so to make sure that they look right, then file these... I don't think there will be a filing fee for doing this, but you should ask the clerk that question.
    I hope this is helpful, but I would strongly recommend retaining an attorney to deal with this argument if you decide to take this to court.
    Culver

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  • Can you remove a restraining order?

    i am the protected party. it has not been four years since the order, it has just been four months. i want an order removed right away. can it be done, how long will it take, and how

    Culver’s Answer

    Try this:

    FORMS
    To access forms online, go to the website at www.courts.state.co.us and click on the “Self-Help Center”. Please click either PDF or WORD by the title of the form. You may complete a form online or you may print it and type or print legibly in black ink.
     JDF 397 Motion to Dismiss Permanent Protection Order
     JDF 415 Order Vacating Protection Order
    After you have done your best on these forms, you may want to consult with an attorney for a half hour or so to make sure that they look right, then file these... I don't think there will be a filing fee for doing this, but you should ask the clerk that question.
    I hope this is helpful!
    Culver

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  • What happens if you got a Jail sentence of 30days for contempt of not paying childsupport and not report in?

    Well my ex got sentence to 30days in Jail for not payiing child support and never reported in. No one know where my ex is no where to be found. What can happen and what can i do?

    Culver’s Answer

    They will catch up with your ex and he/she will be more severely punished for not showing up. Sometimes they double the sentence. If she turns herself in, they will go lighter on her than if they have to seek her out.
    Culver

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  • My husband is illegal and has a child with a woman that is illegal, how can we get custody?

    My husband and I have a 1 year old together. We want to try and take his ex to court to take full custody of their son together. The main reason is because she married a man that she has known for 2 months and makes the child sleep in the same b...

    Culver’s Answer

    The fact that a "better home" is available elsewhere is not really the standard by which the courts transfer custody from a biological parent. Although you have some legitimate concerns and a couple of legally relevant arguments, if you bring those up, the only likely result is that the court will require her to buy another bed for the 7 year old (and perhaps will urge her to rent/buy a home with one more bedroom). I would urge you to work with her on a shared parenting time arrangement rather than trying to take full custody... such drastic changes can hurt a child emotionally and they should be avoided unless the child is in danger.
    Culver

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  • Can ex buy a house and then claim he has no money to pay me court ordered divorce settlement?

    Ex was court ordered 5 months ago to pay me $20K in divorce settlement but claims he's broke (he's paid $50). He said the courts can't enforce the order if he doesn't have the money. The newspaper just posted the latest home sales which showed ex ...

    Culver’s Answer

    Although it is probably necessary to see all of the facts here, you seem to be on the right track. I believe with a normal 10 or 20% down scenario on the purchase of a house that he is in contempt of court for doing that in lieu of paying child support. I think you should consult with an attorney prior to filing for contempt of court. Courts certainly don't like when people thumb thier noses at their orders.
    Culver

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  • Im looking for a divorce lawyer in colorado, but is also licensed in montana?

    wife filed for divorce in montana..

    Culver’s Answer

    I would need more information, but if she filed in Montana and she meets the requirements for montana, I am not sure what Colorado would have to do with anything (with respect to the divorce). You need to have a short consultation with an attorney just to make sure, but it sounds like you had better retain a Montana attorney pronto!
    Culver

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  • I need to know what to file in court, to get my children back if they are being held on no foundation or evidence.

    my children were taken from my this has been going on for two years, recently my children have been sneaking off to contact me to let me know things that go on in the foster home but are afraid to say anything to the worker because she ignores it ...

    Culver’s Answer

    I have been hearing way too much of this kind of activity recently and have come to the conclusion that the "Increasing Adoptions Act of 2008" is to blame for the very sharp increase in this kind of nonsense. While there is no silver bullet to use in a fight like this, Social Services gets nervous when you start to look at their funding. Bottom line - Social Services gets paid extra to take mentally challenged children - especially mentally challenged older children - from their parents. They usually only do it for a year at a time as that is the way they make the most money for the department according to the Act. Google the Act and consult with an attorney about the details of what has gone apparently since the Act was enacted in your case.
    Culver

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  • Child support and custody issues?

    What does a statute mean when it comes to claiming children on taxes? Can child support assume what you will make and use an obviously higher income to calculate the payments.

    Culver’s Answer

    Your income for child support purposes is not necessarily the same as your income for tax purposes. Colorado Statutes determine your income for child support purposes which only has the effect of assisting in arriving at a number for child support... Child support often does use an income that is higher than the actual income in order to compute child support. The courts can "impute" income to you if they believe that you are voluntarily underemployed. Your taxes will not generally impute you income when you did not receive it (some exceptions include certain foreclosures, sales, etc.)
    Culver

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