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April D Jones

April Jones’s Answers

100 total


  • My ex-husband refuses to pay maintenance and child support through child registry and contests the mediation financial terms

    saying he does not make enough money (self-employed) and we need to go back to court. Do I have to go back to court to get my maintenance/child support payment or can I enforce the mediation otherwise?

    April’s Answer

    I can't tell from your question whether or not you both signed the wriiten agreement reached in mediation. If you did sign a memorandum of understanding (an MOU) you can seek to have the court make the MOU an order. If you did not both sign the mediated agreement, it is not enforceable in court.

    He must be court ordered to pay through the registry and if he faills to comply with the order, you can file contempt against him.

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  • Do I have to give my time My divorce decree states that each parent gets 2 non-consecutive weeks for parenting time vacation.

    The question is since we split parenting time one week on and off does the other parent have to give up their parenting time for this week.it would be 3 weeks if that is the case.

    April’s Answer

    It would seem that the way your order is written, the vacation agreement would necessarily include the other parents week since you have your own 1 week where presumably you can travel any time you want and would otherwise not need to call the week a "vacation". If you don't like it you will need to modify your orders. Perhaps the 2 of you can stipulate to a modification since it cuts both ways.

    Visit my website at www.apriljoneslaw.com

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  • Elements required to prove a legally enforcable post numptial contract exists

    Say a couple is married. One has some debts in her name, in a marriage of less than five years, of which she stops making payments on. The creditor takes the woman to court, she manages to get a settlement for about 20% of the total due, for a s...

    April’s Answer

    Debts acquired during marriage are marital, it doesn't matter how the debt is titled. Colorado is an equity state and does what's fair. Fair depends on the circumstances and I do not have enough information, for example was the original debt incurred for marital purposes, with or without your consent etc? The totality of your financial circumstances affects an equity analysis. Consullt with an attorney quick.

    Best,
    April Jones
    Attorney Since 1991

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  • Child support question...

    can my wife file for child support while we are still married and living in the same house? Her side of it is that she cant get a job and and pay for a move because she must stay home and watch the kids :S

    April’s Answer

    Typically your wife would have to file for divorce or legal separation and typically the court will not order child support while you are living together and sharing a household. You need to consult an attorney to find out your rights.

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  • I got a subpoena to go to court But I had already told the DA that I don't want to move forward with this case

    I am not scared of this person, matter of fact we are friends. And that I moved out of state and didn't plan on coming back..

    April’s Answer

    My colleagues are correct. You are not in control if the criminal case as the alleged victim and if you were properly subpoenaed you cannot ignore it or you risk having a bench warrant issued against you.

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  • Restraining order against me but not being followed by the other person.

    One year ago I was charged with harassment by my sister in law. I found XXX videos n text messages that she had been sending my husband so we got into it. I took what the court offered me and did my community service and anger management classes a...

    April’s Answer

    Perhaps you and she can agree too modify the RO to allow you to be at family events but as long as the order remains in place you have to follow it and remove yourself from situations that violate the order. If she is harassing you to the point that a protection order is warranted against her, you can pursue a county court protection order .

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  • My wife and I were married under a K1 Visa. She returned to her country and never returned. Can I file an uncontested divorce?

    My wife departed for her home country in April of 2011, after only 7 months of being married. She has not made any attempt to get in contact with me, won't answer calls, emails or letters. We were married in Florida, but I now live in Colorado. ...

    April’s Answer

    Colorado is a no fault state and you do not need a reason to get divorced. "Irreconcilable differences" is all you need. Since you reside in Co not Florida you will need to file in Co.

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  • Do I need a family lawyer ?

    I need some advice.... My husband and I lived in montrose co n it was OUR idea to move to ca when i moved out first and find a job and a home for them... Well it's has been 1 1/2 years n I have finally found a very steady job n a home I can provid...

    April’s Answer

    Yes you need a lawyer in Colorado (if this is where your husband and children live). I agree with my colleagues. You need to file for a divorce or legal separation and seek court orders re parening time. Act quickly.

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  • How can a mother leave the state of wisconsin with her daughter, without the fathers permission?

    he is married to someone else, and they have a couple children of their own. the mother has sole custody of the daughter.

    April’s Answer

    We would need to know what court has jurisdiction in order to answer. If California doesn't have jurisdiction you need to discuss your case with attorneys licensed in the state the does in fact have jurisdiction.

    Www.apriljoneslaw.com

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  • At what age can my son have a right to say who he wants to stay with and when can he have sole decision making.

    My son will be 18 on febuary of 2013. He wants to live with me and have my be his primary caregiver . My wife is fighting for him for reasons of money and not for his wishes. Cna he go to court and tell the judge want he wants. When he is 18 can h...

    April’s Answer

    The maturity of the child determines if and to what extent the wishes of the child are considered. Typically an 18 year old child would be able to dictate and live where he chooses, however, given that you are vying to be your 18 year olds caregiver, your sons circumstances in terms of his maturity requires additional analysis. Consult an attorney.

    Visit my website at www.apriljoneslaw.com

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