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Rebecca Mccormick Pepin

Rebecca Pepin’s Answers

402 total

  • Is a joint trial management certificate the same thing as a pre-trial statement or stipulated case management plan JDF1129/27?

    As pro se, do I need to fill out and file a joint management certificate? If so is a joint trial management certificate the same thing as a pre-trial statement JDF 1129 or stipulated case management plan JDF 1127? Which form is it and what purpose...

    Rebecca’s Answer

    I believe that you are talking about a divorce case. If the other side has an attorney he/she is directed to draft the joint TMC and send it to you for your positions. The TMC is very similar to a pre-trial statement.
    The description of what needs to be inlcuded is in CRCP Rule 16.2(h)
    I've attached a link to the Michie website which will provide the Colorado Rules of Civil Procedure.
    Click on Colorado, tell them yes you will agree, then go to the Colorado Court Rules, then Rules of Civil Procedure.
    Click on Chapter 2, and scroll to Rule 16.2.

    It helps the court know exactly what is at issue for the hearing, what witnesses may be called, what exhibits may be used, and whether someone is relying on certain case law - so the court is up to date on everything.

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  • I am divorced. If I begin taking my ex spouses social security benefits at age 62, can I then remarry and continue to receive

    I cannot get a clear answer from the gov site

    Rebecca’s Answer

    I agree with Ms. Sinclair. IF you are taking social security based on your prior spouse's income, and you remarry, your ability to draw social security in the amount calculated by your prior spouse's income is terminated. You may still draw from a calculation from your own income. There may be other benefits to not being married, such as qualifying for medicaid benefits and long term care benefits. Please speak with an elder law attorney prior to marriage.
    Also, because you may have assets or debts from prior to your marriage, and may each have children or dependents whom you want to be remembered in case of your death, please also consider a prenuptial agreement to handle those issues. A family law attorney should be able to discuss that with you.

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  • Do I have to pay interest on attorney fees I owe, even though I wasn't his client?

    Years ago, 1997, my ex hired an attorney in our custody case. I was duped into paying the fees because my attorney was very bad. The court documents make no mention of interest and no time frame in which to pay these fees. Later on, the attorney a...

    Rebecca’s Answer

    If you were ordered to pay attorney fees, then you owe the fees. If because you didn't pay, the attorney reduced the fees to judgment, then you owe interest from that judgment date. However, interest on judgments is 8%, not 12%. (Interest on child support is 12%, but this isn't child support.) I agree with Mr. Littman and suggest you take all of the papers to a family law attorney for review.

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  • Do I have a good lawsuit?

    I was wondering if anyone could give me useful advice. I am currently renting a dinning table from rent a center and they have been chewed up by my boyfriend's brothers dogs. And well I would like to know if i have a good lawsuit in my hands and i...

    Rebecca’s Answer

    Whom do you want to sue? Your boyfriend's brother? Does he have an ability to pay? Was he living with you and therefore were you also there able to stop the dogs from their behavior? Once they started did you notify him to keep the dogs away? Did you do anything to prevent the dogs from chewing the legs?
    My thought is no, you don't have a good lawsuit. Yes, you could sue in small claims court, but if you're going to continue the relationship with your boyfriend, I do not suggest it - your risk is greater than your return.

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  • Can you help me with custody?

    I don't feel my daughter is safe in her father's home. I have had a prior restraining order against him. My daughter had told me her father's girlfriend had hit her and sent her to bed with no food. Right now we have joint custody but I'm looking ...

    Rebecca’s Answer

    Parenting time may be modified if it is in the best interests of your daughter. To show it is in her best interests, you will need to show that she is not safe in her father's home. This is difficult to do and generally involves the use of a Child Family Investigator or Parental Rights Evaluator. Please consult with a family law attorney in your area.

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  • I want to obtain full custody of my 14 year old son.

    His mother, my ex wife is in jail for a 12 month term for her 4th DUI and 2nd child abuse charge. My sons step father is abusive, not physically that I know of but verbally. There is also my ex wife's alcoholic mother. I have custody of my child r...

    Rebecca’s Answer

    You need to return to the court that granted the initial divorce and file a motion to modify parenting time and decision making. You may do so on your own by filling out the forms on the court's web site.
    I attached a link below.
    However, you may want to consult a family law attorney to make sure you are filling out the forms correctly.
    There is nothing "permanent" when it relates to a child, as things can always be changed for the child's best interests, - but at least you will have orders that carry forward until and unless anyone files a motion to change it again!

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  • If I'm a man with my children's custody, and If i have a date with 18 years old and im 40 can this affect my case?

    3 Years ago I won my 4 children's custody (2boys, 2little girls) and now my ex wife reopened the case, but now i have a new date but she is 18 almost 19 years old and im 40 can this affects my case? Can i Lost my childrens? Is it illegally?

    Rebecca’s Answer

    I concur with my colleague. Whom you date is not specifically an element of the case. However, if you are dating someone and because of that you are not home in the evenings, or the person you're dating acts immaturely or has drinking issues, or other social issues which affect your children, then your ex-wife could use those reasons to say you are not acting in the best interests of the children.
    Whomever you are dating, I suggest you not have her around the children until you have dated her for about a year so you aren't introducing the children to someone until you are sure they are going to be a continuing part of your life.

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  • Energy Employees Compensation verse Alamony

    get a Divorce 74 old

    Rebecca’s Answer

    One way of providing spousal support is to share a retirement plan via a Qualified Domestic Relations Order (QDRO). In that way, each of you receives income from the fund directly.
    Otherwise, the court may order maintenance, formerly called alimony. For maintenance, you would pay your spouse directly .
    Please talk to an attorney in your area for more information.

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  • What protection can I request to stop harassing emails from co-parent?

    I feel at the end of my rope with communication. I try and try to send information and communicate with my ex in a respectful business-like tone and regardless receive lengthy, accusatory and hostile emails in response. I could send a one-sentence...

    Rebecca’s Answer

    Have you considered having your communication through Our Family Wizard or Talking Parents?
    Both are computer programs favored by the Boulder Court to help parents communicate. It won't change his emails, BUT it will keep all of the communication, and the court, or a mediator, or a PCDM, can review them in the future. You can also use them for a contempt or motion for guidelines on communication.
    Lastly, you can have someone review the emails for you - and just tell you the important parts!

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  • Is it too late to file a response to the divorce petition. Recieved JTMC and firm trial in 5 days.

    I haven't sent a response to the divorce petition my husband sent for various reasons. . I have the JTMC from his attorney and trial in 5 days. I need argue maintenance and child support/ custody.

    Rebecca’s Answer

    The court has apparently not defaulted you yet. Please file a response immediately!
    Also, the TMC should be Joint, so you should be putting your position about maintenance, child support and custody into that document!!!

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