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I filed a Verified Entry of Support Judgment in Dec of 2014, received the Transcript of Judgment in Feb of 2015. I found out yesterday that a Kansas Judge is finally requiring Kansas child support enforcement to enter and enforce the judgment, ho...
The judgment for back support is an automatic judgment, and the Verified Entry of Support Judgment is simply filed to collect on the automatic judgment. To obtain relief he must move to set aside the judgment, the grounds for which include fraud. Depending upon what grounds he argues, the deadline to have filed for relief was within six months or up to "a reasonable amount of time." The key is that he was sent a copy of the VESJ when you filed it.
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My husband of 20 years took my son 13 at the time and took him from Indiana to Colorado against my will. He made my son choose between him and i without letting me see him again to persuade him to stay. Now my son won't speak to me or his sister,...
Your facts are very challenging, and ideally you need a lawyer. If you cannot afford one, at least seek the appointment of a Child and Family Investigator. The fee is capped at $2750. The Investigator can look into what you state, and make recommendations to the court. They do the leg work and can get the collateral information before the judge, which is very difficult otherwise without a firm understanding of the evidence rules.
Your husband does not get to just postpone the divorce. If a trial has been set, he would have to get court permission and you are allowed to assert your objection. Notifying the court how long it has been since you last saw your son will help you win against a continuance request. If a trial has not been set, request a telephone status conference with the court under Rule 16.2, and push for a hearing to be set. You can file for a Child and Family Investigator any time, but the sooner the better for you.
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My husband and I are divorcing. He took my son from me in June 2016 and has kept him from me 1000 miles away in colorado. We lived together in indiana. My son will be 14 July 3rd and wants to stay with his father but his father has proven to make ...
With the issues you state, I will be very direct -- you probably can't win this alone. At a minimum, you need the court to appoint a Child and Family Investigator (with a $2750 cap). That expert can hear what you are stating and review the proof, and be able to testify about it and make recommendations in your son's best interests. There is no age in Colorado at which the child can decide parenting time. The Investigator does meet with the child, as well as the father, but also considers other information. The fact that you have not seen the child for that period of time will weigh heavily on the Investigator, as will the statements from his own family in your support. This same evidence is not as easy to get in front of the court without an Investigator. Trial is very complicated, and getting information properly before the court requires getting around hearsay and other such objections.
Courts consider the recommendations of the Investigator, which goes a long way toward the ruling. If you cannot afford a lawyer, at least seek the appointment of an Investigator.
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Grandchild is 8 years old. Lives in El Paso county in Colorado (Colorado Springs) all his life. I have been visiting since he was 2 months old. No issues. Mom was amicable although she and my son, who is in the military, are divorced. I used to vi...
Colorado law addresses grandparent visitation rights if there has been a divorce, adjudication of parental rights, or probate case, but you will need to get an order awarding you exactly that. I assume your son will support your position. If both parents are opposed, then you likely will not be successful. You need to file to intervene in the underlying case, and then file for grandparent visitation. If there is no agreement, the court will decide. You can seek out-of-state visitation, as well as in state. One question will be why you cannot visit your grandson during his father's/your son's parenting time.
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My mother just passed away my father is not suitable to take care of my son he is a drunk and he's sleeping all the time I need to know how to go about doing this
Your question is not clear as to how you lost custody. If it was through a divorce or adjudication of parental rights action, you may seek a modification. If your rights were terminated in a Dependency and Neglect action, you have no rights. I would like to help you more, but so many more facts are needed. Meet with a quality attorney, who can ask you the necessary questions and then advise you best.
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I've been dating this guy for a few months now. He is married with no children and share an apartment together. They have talked about getting a divorce (before me and him met) but have not filed yet. She does not know about me. If she were to fin...
Colorado is a no fault state, so adultery is not to be considered. However, if he spends any money on you, that can be deemed economic waste. It also adds higher emotions to a divorce, which can be very costly. Please also consider that it is a rough way to start your new relationship, and the odds are stacked against any relationship that starts this way.
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I am in middle of divorce with my ex. He manipulated the system to get full temporary custody of our children. I moved out of state for my job and am trying to see new counsel My ex just filed final orders. I am trying to get custody of my child...
You will best be served if you get this right the first time. Absent extreme circumstances, courts will award parenting time to both parents in a divorce case. In a two state parenting scenario, the court must decide who should be primary and parenting time with the other parent, in the best interests of the children. Depending on the age of the children, spending summers and school breaks with the non-primary could be ordered. Younger children should not go that long away from their primary parent. But, parenting time is still awarded, just in shorter blocks.
I do not know what you mean by your ex having filed final orders. A hearing is required, and the court rules, and then final orders enter based upon the court's ruling. You are entitled to participate in every phase.
Parental time is always modifiable through a child's 18th birthday. It is not easy to modify from one primary parent to the other being primary parent. However, tweaks can be awarded upon proving best interests.
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Got married in Italy 24 years ago, living in Colorado for 20. I have received some property in Italy through inheritance (my mom occupies the property at this time). In case of divorce, would my husband have any rights on it? Also can I buy a hou...
Your separate property remains just that under Colorado law, provided you never put it in joint names. If there is any increase in value in the property from the time you received it and at the time of the divorce, that increase is marital. The court then decides what is an equitable division of that marital value, perhaps awarding your husband an additional amount of other marital assets.
If you buy a house during the marriage, if from marital funds (savings/employment income/etc.), then it will be marital. If you buy it from separate property funds (inheritance/gift/etc.) it will be separate, provided you keep it only in your name.
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What happens if I do not go to initial status conference, mediation, or hearing for motion to modify parenting time? Petitioner is trying to get child support but I recently lost my job and am scared of being unable to pay or submiting financial s...
Quite simply, orders will enter against you. You should be most afraid of that. At that point, the amount is set and you have a court ordered obligation to pay. If you cannot, you can be sanctioned, including jail. The court may also order you to pay some of her fees and costs. making the tab against you only increase.
Submitting financial statements is very easy. It is your life, you know the information, and you have access to the documents. Let the Court know your true financial situation. And make good faith efforts to get a new job. It will make your life much easier, and in addition, if you do not the Court can impute income to you as if you were employed. Good faith effort to obtain a 40 hour per week job is easily proven if you are putting in at least 40n hours a week to replace your job. Plus, that kind of time investment is likely to get you results.
Also, looking at the big picture, you are leaving a bad feeling with the court if you skip any/all of these steps. The court sees that as a violation of its orders, but also sees it as poor parenting. This can be successfully used against you for future parenting time disputes. A good parent does not avoid situations and violate court orders, but steps up and does what is needed.
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I have recently lost my job this week and been having physical problems from an accident. I am needing to stay home with my 12 month old while my spouse starts going to school. How will staying home with my baby and being newly unemployed affect a...
The court will likely impute income to you. You need to make good faith efforts to become reemployed, or the court could find that you are voluntarily unemployed. Plus, full time employment will always yield you more money than a child support award.
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