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Bridgette Kaczmarek’s Answers

22 total

  • What do i do if my lawyer tells me that he does not know how to fight my case and tells me i should just give up

    My children were taken into DHS custody in Colorado Springs Colorado, over hearsay that came from a totally different state (Oregon) where my Ex BF was abusive to me and my children so i left and came to Colorado, the DHS took my kids because they...

    Bridgette’s Answer

    I would shave to agree with the other attorneys who have responded to your inquiry - get a second opinion. When you call or meet with this sec on opinion attorney, make sure to take as much documentation with you as you can. Take your Petition for Dependency and Neglect and take the "Treatment Plan" - all treatment plans and staffing summaries. I cannot say why your attorney is changing his opinion but something must have come up in the Treatment Plan or staffing summary for the attorney to change his mind.

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  • I make more than my husband, but he has the assets, Will I have to pay Spousal Support?

    We've been married 3 years and as of last year, I make much more money than my husband. He is much older than me and used to make lots more money. He has the assets (cars, toys, camper, quads, rental unit.) We refinanced our house a couple yrs ...

    Bridgette’s Answer

    There are two types of maintenance in Colorado - temporary and permanent. Temporary maintenance is awarded on a showing of financial need and an ability to pay and is during the period of time between the date the petition for dissolution is filed and the date of entry of the final decree granting divorce. All he would need to show is that he is in financial need of support and you have an ability to pay him.

    Permanent maintenance is trickier. It is awarded after the date of decree and there are a lot more factors that go into it other than a financial need. Your ex would have to show that he is not capable of working, you are capable of paying maintenance and he has not received enough property from the marriage to care for his financial needs. In addition to these factors, the court considers the length of the marriage. If you have a short term marriage, i.e. less than 10 years, it is doubtful the court would award permanent maintenance, but not impossible. He would have to show that he is not capable of working, he has no property to support his financial needs and you are capable of paying his maintenance. It is doubtful you would have an award for permanent maintenance but it depends on the property division, amount he earns through pension or retirement and your income.

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  • Veteran needs help getting property settlement award.

    We are both veterans. He is a retired Captain in the Navy 0-6. We divorced 27 years ago in CO. My attorney and my husband collaborated giving me a phony copy of the property settlement awarding me nothing. ONLY two months ago I discovered the ...

    Bridgette’s Answer

    So you originally had a copy of the property settlement that was incorrect and then later discovered the true copy awarding you over $150,000 plus interest? If you have the actual, true order that awards you a settlement, you should have no problem enforcing the Order and filing Contempt charges to enforce the prior agreement/order. While the statute of limitations has expired prohibiting you from appealing or reviewing the court's decision, if there is an actual order that awards you a sum of money that you have not yet received but should have, you can enforce the payment of that award.

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  • If the father was just released from prison and is a halfway house does he have any rights to his two year old daughter

    The mother of the child has had the child for the last two years while i was in prison.She is a drug addict and she has left the child with different people off and on for the two years.Can I sign temporary custody for a friend till i get out in t...

    Bridgette’s Answer

    You would have rights to your daughter. Do you have an order in place for parenting time? If not, you would need to file an Allocation of Parental Responsibilities to get everything started. You can't get very far without the filing. If you have an Order already in place, what does it say in regards to parenting time? If you have an order, you will have to file a motion to modify the order so you canhave more parenting time. The mother's drug addiction would be relevant once you get into court and argue for increased parenting time. Unfortunately, you cannot ask a third party be granted custody. They are not a party to the action and unless they are grandparents (or step-parent), will have little rights to watch your daughter. Besides, by the time you file on their behalf and get a hearing, you will be getting out. You are better off filing for yourself now and by the time you get out, we will be going to hearing anyway.

    So file the Allocation of Parental Responsibilities if nothing has been filed before, or file the motion to modify parenting time as soon as possible. Those are your best bets.

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  • My child's mother is denying any visitation.

    My child's mother is deny me any type of visitations. I am to have supervised visitations with my son but his mother refuses to allow anyone but herself supervise the visits. She is using my son as a pawn in our relationship. What can i do in orde...

    Bridgette’s Answer

    So you have supervised parenting time through a court order and it has to be supervised by the child's mother? That is a little odd. Usually, court's will not allow a parent to supervise the other parent during parenting time. Usually, the court will send the child and all parties to CASA or some other neutral, third party, supervisor. The reason is apparent (as you have probably noticed). You get a parent who refuses to cooperate and makes the parenting time more uncomfortable than it has ot be.

    I do not have your prior decree in front of me so it is a little hard for me to guide you through this. I can say that you should go back into court to modify parenting time (so long as you have never filed a motion to modify parenting time before or it has been more than 2 years since you last filed a motion to modify). Once in court, see whether the court is correct that you should continue to have your parenting time supervised. It may be that the reason you were under supervised parenting time before is no longer an issue.

    During the interim, ask that you guys go to supervised parenting time through CASA. They are located downtown and you can look them up online or in the phone book. They may require a court order and it sounds like you have one. If they cannot get you into CASA and if your ex continues to deny parenting time, it may be a good thing. Just show the court that she is refusing to allow you parenting time although you keep requesting it. Keep a log book or journal of the times you request and she denies. It will be very helpful.

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  • SHould I file on my own for visitation rights although I already have a pending child support case?

    The mother of my child lives in GA and I am stationed in CO. She does not let me see my daughter because she dislikes my wife. We currently have a child support case scheduled but I also want visitation rights. I am aware that I can petition the...

    Bridgette’s Answer

    I guess my first question would be whether your child support case is here or in Georgia. If it is in Georgia, I cannot give you any advice as I do not know Georgia law. if the case is in Colorado, however, you can file a Motion to Modify Parenting Time, which would be heard with the child support motion. You can only file the motion to modify so long as a motion had not been filed in the last two years. You can also file a motion to modify at any time after the entry of the first deree and so long as it is the first time you are filing a motion to modify parenting time, whether it is 10 days after entry or 2 years. So you can file and both motions would be heard together at the same time by the court.

    I can't say you will not need an attorney. Both issues may require an attorney but I cannot say with the limited information. You should not need an attorney to file the paperwork and go to mediation (which the court will require). If you cannot come to an agreement at mediation and proceed to hearing, you may need an attorney but I really can't say one way or another.

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  • The other parent is refusing my parenting time..what do i do

    yes i owe support. he used my drinking problem to gain custody. been sober for over one year and he will not allow her to visit me. what do i do to enforce he comply?

    Bridgette’s Answer

    It sounds like you already have a parenting time plan in place. If you do, he has to comply with the court ordered parenting plan. If it calls for CASA supervision or weekend time, then he has to comply with the order or you can file a contempt citation against him (available in the clerk of court's office on the first floor of the courthouse). They can help you fill it out and file it.

    You should try to make your support payments as best you can. trust me, it would look very good if you at least made an attempt.

    Even if you go after the contempt of court, it sounds like you may need to modify your parenting time. If you have never modified your parenting time since the decree, you can file a motion to modify parenting time. If you have filed a motion to modify parenting time since the decree, you have to make sure it has been more than 2 years since that last decree (on the motion to modify) in order to go back into court to modify again (I know it's a little confusing). Once you file the motion to modify, you can seek the court to change your current parenting plan so you get additional parenting time with your child.

    i would seek the advice of a lawyer. i try not to refer people to lawyers but I think, in your case, you really should consult with one. If you do not seek advice of counsel, file the contempt and file the motion to modify (unless the last motion to modify decree was filed within the past 2 years).

    Good luck.

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  • Ex owes around 15000+ in back child support. current payments are rare. What can I do?

    My ex owes a great deal in back support. Currently he does pay a little but that never lasts. HE's never had insurance despite the court order. And I hear he may be required to pay interest on the back support? Any way to collect more money? ...

    Bridgette’s Answer

    I see that you are here in colorado springs. So are your payments going through the Family Support Registry (FSR)? FSR should be working with you to get those payments. He has to make his minimum payments or El Paso County Child Support Enforcement Unit (CSE) would go after him. CSE works with you to get your child support payments. You have a caseworker assigned and should call her to find out why he is not paying his full amount. CSE will then go after him on your child's behalf.

    I say your child's behalf because CSE does not represent you and you may need an attorney to represent your interest but it is not necessary. If CSE goes after him, they will set a hearing to determine if his current support payments are reasonable with his income. The arrears are calculated and spread out over 24 months to give him time to repay. If his support goes up to, say, $300.00 per month, and he owes $15,000. then applying the 24 months, he would have to pay you $924.00 per month ($624 per month for 24 months in arrears). they would garnish his paycheck for the money and intercept his tax return refunds to repay you. Failure to pay would result in his drivers license being suspended or he could go to jail for up to 6 months.

    So contact your caseworker and get them to go after him. If you are not going through FSR, contact them to find out how to get your support payments registered. It usually takes a court order and then the wage assignment takes effect.

    hope this helps.

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  • If I just recently got married & am considering an annulment/divorce, would my now husband have any rights to my children?

    I have 2 sm children from a previous relationship & in my new marriage, I am considering an annulment/divorce. I'm just wondering if my husband of now would have any rights to try & take my kids from me or would he be granted visitation rights to ...

    Bridgette’s Answer

    It really depends. I know you and your husband have only been married three month but I don't know how long you have been together and how long he has been in your children's lives. The reason why it depends is because, technically, he has no rights to your children. But if he has been the only father they have known and the biological father is not very involved, your husband could claim he is their father since they have known no other. If he makes this argument, he would have to prove that he is their "psychological father" and has been the primary father to these children. I don't know the children's ages but if they are under 5 (just an example) and he has been in their lives for 3 years (again an example) then he could argue he is the psychological parent.

    The statute requires that he had physical custody for the children for the past 6 months (from the date he files). This is a guidepost. If he says he has been in their lives for a good deal of time and taken care of the children and they look at him as a father, then he may be able to get parenting time. Naturally, he may also be responsible for child support, unless you are receiving support from the biological father.

    So this is a short answer but I can't say a whole lot more without further information (ages of children and years dad has been in their lives). If you file for divorce, see if he includes the children. If you file, there are two type of divorce documents - one is "with children" and the other is "without." If I were you, i would file "without children" and see if he responds to the divorce petition arguing he is entitled to parenting time. If he does, then you need to consult with a layer and provide them with the information I needed to answer fully.

    Good luck to you.

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  • Can my ex-wife use the non-joint child deduction on her financial affidavit ?

    There is already an existing court order for child support on this non-joint child that lives with her full time. however she is claiming the deduction on her financial affidavit in our case for child support. Which lowers her income and increas...

    Bridgette’s Answer

    Financial affidavits are tricky. The section on "child support and maintenance received from others" requires the party to answer truthfully about income received from a prior relationship for maintenance and child support - not the current relationship. People are always including current payments into that section for the current relationship, but that is not what that section is for. It is only for payment received from OTHERS not the other party in the litigation.

    If she is NOT receiving payments but there is an order, then leaving that section blank is proper. The money to be included is only money currently received. so what do you do to ensure you are not getting stuck paying extra because a dead beat dad does nothing? Make the court aware. When you go into court, ask her questions about her ordered child support payments for this child. How much does she receive? why does she not receive it? why has she done nothing to retrieve those funds? Things like that. make the court aware that her income should be higher based on her ordered child support payments. Once the court hears this testimony, they should factor the ordered payments into her gross monthly income. That would help to decrease your support.

    In addition, the child support worksheets the court uses takes these factors into consideration, even if there are no payments received from a court order. The child support worksheets have several sections where it asks things like, "how many other children are you responsible for that you receive NO support,' "other court ordered child support payments" things like that. So even if she is not receiving the payments ordered, you still get credit for her inaction.

    I would make sure you make the court aware of these issues. If you go to mediation, make the mediator aware as well. This should help you establish what the proper calculation of child support should be.

    Good luck and use the court resources. Mediation, hearing... If the court and mediator are aware, they will not count it against you.

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