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Kristen Mclaughlin Tarrin

Kristen Tarrin’s Answers

124 total


  • Since I moved to co with our child can he make me go back to Nebraska if he files divorce papers and when can I file for divorce

    Me and my husband are separated he lives in Nebraska and I just moved to co with our child

    Kristen’s Answer

    Your child has to be domiciled in Colorado for six months before Colorado has jurisdiction over your child.

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  • Can he really get away with this? Will he end up paying zero?

    My ex husband has been on garnished payments for several years after he didn't pay for a couple of years. I have sole guardianship over our daughter after incidences of domestic violence in his home with his new wife (and frankly when he was with ...

    Kristen’s Answer

    The Court will likely impute income to your ex-husband. The only way for income to NOT be imputed is if your ex is going to back to school for a good faith career change. The 30 month exception for the age of the child only applies to a child of the parties together. However, he probably can use his other children on the child support worksheet as an offset - as can you if you have other children for which you do not get support. If you don't have a CSEU department collecting the support I suggest you get that set up immediately. He can also have his passport revoked if he gets too far in arrears.

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  • How can I force full disclosure of my ex-husband's income so I can have child support modified now that I am unemployed?

    My ex-husband has been paying child support regularly since our divorce over 5 years ago. I have recently been laid off from my job and have been unable to gain similar employment, so I want to modify the child support amount he pays me. He prov...

    Kristen’s Answer

    File a Motion to Modify Child Support. You can find all the forms you need to file on www.courts.state.co.us You BOTH are required to comply with Rule 16.2 which requires income disclosures. Both of you will be required to provide the other party three years full tax returns with W-2's and paycheck stubs, among other things. If he refuses to provide those items then you ask the Court to force him. Child support modification isn't that difficult, the hard part is getting the other party to comply. That is where having an attorney might be helpful. There are pro bono services that might be able to help if you can't afford an attorney.

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  • What is the least expensive way to get divorced

    I got married in 1996 under a bunch of terrible circumstances and I want to get divorced. I have very little money, and I haven't seen this man in about 12 years. I keep telling myself that as soon as I have a little extra money I'll do it. That o...

    Kristen’s Answer

    Go here for instructions and forms to file: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108
    Use form JDF 205 to apply for waiver of filing fees:
    https://www.courts.state.co.us/Forms/PDF/JDF%20205%20Motion%20to%20file%20without%20payment%20and%20supporting%20financial%20affidavit%20FINAL%20%20%2010-15.pdf
    If you don't qualify, the filing fee is $230.
    The least expensive way to get him served is to have him sign the Petition as a Co-Petitioner or have him sign a waiver of service. Otherwise you have to pay for a Process Server or Sheriff to have him served. If you don't know where he is then you will probably have to serve by publication which adds some cost.

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  • Will my wife be entitled to spousal maintenance?

    My base salary is $112K. Her base salary is $85K. I had a good year last year in bonus and stock options, 32K. However, typical bonus is more like 0 to 15k. We have 3 children and have agreed on 50-50 joint custody. children's health insuranc...

    Kristen’s Answer

    The Colorado Courts website has detailed instructions on child support. https://www.courts.state.co.us/Forms/PDF/JDF%201822%20-%20Child%20Support%20Guideline%20-%20R1%2014%20(FINAL).pdf

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  • Should maintenance advisement + calculation sheet be included in agreement even if both parties are waiving their rights to it?

    Should maintenance advisement and calculation sheet be included in agreement even if both parties have agreed to waive their rights to spousal support or language saying that there is no maintenance advisement and calculation sheet for this reason?

    Kristen’s Answer

    You do not need to include the maintenance "worksheet" but you should state that you both understand the maintenance statute - and you should understand the maintenance statute, therefore if you don't then I would suggest consulting an attorney so that you are very clear of what you are waiving.

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  • Will the court order child support if it's not included in a parenting agreement?

    We are submitting a new parenting agreement, neither parent is asking for child support, does this need to be included? Will the judge order support if it's not addressed in the agreement?

    Kristen’s Answer

    It is very likely that the court will not accept the parenting plan without a child support worksheet. If the parties have agreed to no child support either way then you have to be able to articulate to the judge why that is in the children's best interest. There are valid reasons for no support but the court must make findings as to why he/she is deviating from the child support worksheet (if there is a deviation). If the worksheet comes out negligible, i.e. around $20 or so then the court will probably make a finding that since the support is negligible there is no need to have a support order.

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  • My x wife was suppose to refinance the house to take me off the mortgage loan per our divorce decree.

    She has now put the house up for sale. Is that legal? If I'm still on the loan as a owner how was she able to sign the paper work with an agent to put it up for sale?

    Kristen’s Answer

    If you are still on the title then you will most likely be required to sign either a Quit Claim Deed or a Warranty Deed.

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  • If i am married for almost 25 years, can I get spousal support and for how long?he makes 4 times more than me ,side jobs

    He just does not want to be married

    Kristen’s Answer

    Possibly. There is a maintenance worksheet where you can input all the pertinent numbers and that will give a number from which to start. Courts are not bound by that number but it is a jumping off point. Go to www.courts,state.co.us.

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  • If debts are separately held in each of our own names, will the ex-spouse ever be responsible for the others debt post-divorce?

    My husband and I kept separate accounts and debt, in our own names only. We had one joint account, which we already determined what to do with. If we simply go our separate ways, each taking their own accounts and debts, and do not fill out a s...

    Kristen’s Answer

    It's never safe to assume anything. I can't imagine a court issuing a Decree without a completed Separation Agreement.

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