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Culver Winston Van Der Jagt
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Culver Van Der Jagt’s Answers

324 total


  • My sister's husband has filed for divorce, He is stalling on showing up for mediation.What can sh do since this is reqd in CO?

    My sister's husband filed fo divorce..It is now time for mediation, however, he is stalling saying he can't get off work, that he needs to weeks notice to his employer. He just came bak from a vacation and is going on anther in the beginning of J...

    Culver’s Answer

    Not much, but simply scheduling the mediation can be done. You can file a motion to compel, but it probably has not risen to that level yet. Keep every request in writing as that could be used as evidence of non-compliance with the court order later.
    Culver

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  • How to fill out allocation of parental responsibilities forms?

    If I plan to serve custody papers to the obligor, and he is in jail, do I write that in the address area of the paperwork, or do I just make a note by the address in enter? The paperwork is a little confusing and I want to make sure I am filling o...

    Culver’s Answer

    The instructions can be found here:

    http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/108

    When you say you are serving the "obligor" I wonder if you mean that you are also serving child support related documents. I recommend that you spend an hour with an attorney to make sure all of this is done right the first time. You do need to have him served in jail and you probably need to discuss with an attorney whether you should be filing a petition or a motion and how service should be handled.

    Culver
    303-345-3508

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  • I am the mom of a 7 yr old. Her father and I were never married.Can we make our parenting agreement legal without a lawyer? How?

    I am the custodial parent. Her father has been involved and consistent with child support and visitation. He currently resides in Texas. I am wanting to make a legal parenting agreement. We do not currently have a legal agreement. We are in ...

    Culver’s Answer

    It can be done without an attorney, although I would not necessarily advise it. I have done several "mediations" for clients in your situation and from beginning to end, I can generally get it done for about $750 plus court filing fees. It takes about 2 sessions of roughly 2 hours for each session to get the job done... again, I don't think you are going to save anything by trying to get it done by yourselves... generally, doing so leaves too many loose ends that you will have to revisit. Please check out my client reviews on those kinds of mediations (some are even from both the husband and the wife).

    Culver
    303-345-3508

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  • My girlfriend is expecting and the biological father wants nothing to do with the child how does he sign over his rights?

    The biological father has had little to no contact and wants nothing to do with the child wanted the mother to have an abortion for the first three months. The mother is now five months along and the biological father has had no interaction with h...

    Culver’s Answer

    You REALLY need to discuss all of the advantages and disadvantages of these decisions with a divorce attorney and/or an adoptions attorney. These are very serious questions with tens (if not hundreds) of thousands of dollars at issue and parenting time and decision-making for 19 years at issue. This is a complicated subject. Please get personalized advice for at least an hour.

    Culver
    303-345-3508

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  • CFI is biased. What can I do to prevent her from doing that?

    We have a CFI because my husband was arrested on DV. The DA dissmised the case becuase she said she could not prove my case. I had two witnesses. The CFI prepared her interim report and she even minimized the DV case. She didn't address my concern...

    Culver’s Answer

    There is good news and bad news... Some CFIs have biases, but most of them are looking exclusively from the child's perspective. If there is some form of allegation that does not involve the child, it doesn't always make it into a report. It sounds like you are pretty deep into your case. If you are doing this without representation from an attorney, or without confidential guidance from an attorney, you are probably not on the right track. Under most circumstances, you can show a recording to a CFI, but it could be illegal to have recorded the conversation under other circumstances. You need confidential advice. Bring the tape to your lawyer.

    Culver
    303-345-3508

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  • I am owed 12000.00 on back child support when my daughter turns 18 will my ex not be responsible for the back child support

    when my daughter turns 18 will my ex still have to pay back child support

    Culver’s Answer

    He will likely still be responsible for the back support well after your child turns 18. Each month that he did not pay became a judgment against him and the judgments have interest calculated at 12% per year. You need to go to Child Support Enforcement if not to an attorney to get this sorted out.

    Culver

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  • Do i need to file a motion to modify if my ex was the one who served me first?

    My daughter alicia has to spend one week with me and one week with her father but she needs a primary home according to her school performance. Her doctor has also told me the same thing. What do i need to do to go back to court and fight for her ...

    Culver’s Answer

    I think the answer to this one is complicated - with respect to "full custody" the answer is that you probably don't need to do that... most parenting plans have a section that says "for school purposes ONLY" one of the parents is designated as the primary parent. I don't necessarily think it effects your parenting just because the school needs an answer to that question. You should seek a consultation with an attorney about whether you need to file anything.

    Culver
    303-345-3508

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  • Am I required to cover daycare on the few days of custody I have?

    I have my two children every other Friday, Saturday, and Sunday overnights and every Thursday night overnight. My question regards the Fridays that I will have the kids and whether or not I have to provide daycare for them on the Fridays they don...

    Culver’s Answer

    The answer is that you may pay for daycare on your days (at your election), but that you should be credited for that daycare expense in your child support worksheet, which may need to be recalculated. If there is more than a 10% change in your overall child support obligation because of that or any number of other reasons, you may file for a motion to modify child support (and get your child support reduced) in order to help you with those costs. You should consult an attorney.

    Culver
    303-345-3508

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  • Canyou file for divorce in a county in which you do not live?

    can you file for a divorce in a county in which you do not live. wife filed for divorce in a different county than I live.

    Culver’s Answer

    Yes... you can FILE anywhere... the other side could object to the venue though and file to change it to the county in which you live... A partial answer to your question is that if the respondent is served in the county in which you are filing, that county could probably hold on to jurisdiction, but normally, the jurisdiction follows either the county in which the Respondent lives or the county in which the Respondent is served (especially if the other party lives in that county).
    Culver
    303-345-3508

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  • Can a elected District Attorney, also represent someone in his county as a divorce attorney?

    My friend's soon to be ex wife has an Elected District Attorney now representing her in her divorce. This DA works out of the neighboring county. Are they allowed to also be in private practice?

    Culver’s Answer

    I don't think so... but I think it is up to their employer, rather than subject to some kind of law.

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