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Kathlyn Angela Laraway

Kathlyn Laraway’s Answers

62 total


  • How do I go about getting a restraining on behalf of my child against his half sibling who sexually abused him.

    A few months ago it came to my attention that my stepson had sexually assaulted my child. I reported this to the Colorado report line. Social services came and interviewed and investigated. My husband already came to an agreement so he would be ou...

    Kathlyn’s Answer

    I recommend discussing this matter with an attorney as protection orders can have lasting ramifications against a person if they are granted. The Courts here in Colorado may be inclined to order a temporary protection order, but the burden of proof for a permanent protection order is substantially higher, and a Court may not be eager to impose one against a minor. If you do decide to attempt this, seek an attorney to represent you.

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  • When can I go back to court to ask for new orders?

    Final Orders with regards to Parental Responsibility were recent. The judge stated in the order that the orders are expected to be in place for one year and then they hope we both have some professionals to testify. I do not feel it is at all in ...

    Kathlyn’s Answer

    Without knowing the ins and outs of your case, it is very difficult to answer as to what you should do. Modification of parenting time can have statutory limitations on it, and as such, you need to consult with an attorney about when you can file to modify a court's orders. It appears to me that the Court did not really enter a "permanent Order," if it is only to be in place for one year. Did the Judge state what should happen after one year? I would strongly recommend taking your orders from the court to an attorney and seeking legal counsel about the next best steps. As there are time frames for appeal, I would act as soon as possible.

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  • What can I do?

    I am in the State of Colorado. I have been divorced for two years. I resigned to my alimony or maintenance before the judge. We, my ex and I have a daughter who was 16 at the time the divorce was finalized. Now she just turned 18 on 03/30/2016. I ...

    Kathlyn’s Answer

    It does appear that child support enforcement may be going to open a case against you and may be going to attempt to collect unpaid support and/or enforce a court order regarding support and perhaps the medical coverage. Have you and your ex spouse formally modified child support since the divorce, or has the agreement since May, 2014 just been verbal? There may be a miscommunication between child support enforcement and you regarding what your child support needs to be. I would contact an attorney to ensure that you have done everything you need to do so that child support enforcement's involvement is not a concern for you.

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  • How do I protect myself for money owed me per divorce decree.

    Received home equity pay-out from divorce decree lasting 20 yrs. How do I or what should I do to ensure payment if ex-husband passes. Currently have 18 yrs. remaining and know he will never sell the home. Also how do I protect myself with alimony....

    Kathlyn’s Answer

    It's a little unclear from your question, but I am going to assume that you are supposed to be receiving maintenance or alimony instead of a pay out from equity in the home. Generally, in a divorce proceeding when a person has to pay out anything to another person over a long period of time, it should be drafted into your separation agreement to have a life insurance policy to cover that if the payee passes away. It sounds to me like your separation agreement doesn't have that. I would contact an attorney and bring with you a copy of your separation agreement to see if there is a way to modify it. Maintenance can be either modifiable or non-modifiable, and this may make a difference in your case. However, you should know that generally once property has been divided pursuant to a separation agreement adopted by the Court, there may not be a way to change it. My best advice is to contact counsel and see if there is a way to possibly clean this up for you.

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  • How far do I have to go to make sure my ex receives the alimony I am sending?

    Was married and divorced in Colorado. My ex originally instructed me to send the alimony to her parents address. The May alimony check did not get cashed and after looking on the internet in June I learned she had been incarcerated. My bank wil...

    Kathlyn’s Answer

    Further, is your alimony contractual or non-contractual? If it is non-contractual, you may consider modifying it, as your ex is currently in jail, circumstances may have changed so substantially and continually that warrant a reduction or modification in maintenance. I would continue paying in the manner ordered by the Court until there is a court order or an agreement that allows you to stop or change the method of payment. Otherwise you could end up in contempt of the Court's order.

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  • My wife and I have been separated for about 7 years but not legally divorced. My question is in regards to child support.

    She is now filing for divorce through an attorney. All this years we had a mutual agreement and I have been sending $600 monthly. The attorney requested my pay stubs and hers and based on that they calculated that I should be paying $1800 a month ...

    Kathlyn’s Answer

    It is difficult to say if $1800.00 would be accurate or not without more information. Child support is based on many factors, including parenting time (overnights with each parent), gross monthly income, whether either party has other children or child support obligations, how many children, cost of health insurance and costs of education and work-related child care costs. There may also be other extraordinary expenses for the child that could factor into the calculation. You should contact an attorney to discuss your case fully and make sure that any modification to child support is accurately calculated.

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  • Acknowledging your the father vs. biological father.

    Its horrible to think but I have been paying child support for about 6 years now and really been putting things together that my kids might not be biologically mine. Can I get a paternity test this late to determine if they are mine or not? I have...

    Kathlyn’s Answer

    I agree with Mr. Leroi. You are likely to be considered the psychological parent even if you are not the biological father, after 6 years. If a court finds you are the psychological parent, then you may still be required to pay child support. Also, it depends if you have admitted paternity in any of the court proceedings so far. I would think long and hard about going this route. However, if you are certain that they are not your children, you could petition the court to order a paternity test. Whether they would at this juncture is hard to know without more details of your case.

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  • What date do I put for "date of separation" on divorce papers?

    If I am having him served while we still reside together, what do I put for a date of seperation. Also, do I list our address as his address on the petition?

    Kathlyn’s Answer

    Just be sure to update your address with the Court if you do move out of the marital home.

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  • I have a question on Child Support modification.

    My Ex spouse is asking for child support modification, the circumstance is she is unemployed receiving unemployment, but received a large gift from her father from an inheritance. The gift to her was en excess of $1.2 million. She has quit her, pu...

    Kathlyn’s Answer

    I agree with Mr. Rich. If your ex voluntarily quit her job, then she should be imputed to the income that she was able to earn ($30.00 and hour). You could try to argue that the gift is income, but it is likely only a one time gift, and thus will not really be income. However, if the court is made aware of this gift it is possible that they could impute her to more income or deviate from the child support guidelines based on this money on the basis of equity. As Mr. Rich stated, this would be a hard argument to win. I would certainly request attorney fees in this matter though.

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  • What steps need to be take to obtain child support?

    I am pregnant and the father does not want any responsibility for the child. I do not make enough money to support the both of us and will need the extra help. The father lives in a different state and will not return my phone calls to discuss the...

    Kathlyn’s Answer

    Both my colleagues are correct. Just know that serving the father of your child may be more difficult than you might think, especially as he is in another state. Consider contacting an attorney to help you with this process as Juvenile Court processes can be complex, and an attorney will be able to help you figure out everything, and get the father served. Be aware that if he contests paternity, he may request a blood test.

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