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David M. Rich
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David Rich’s Answers

685 total


  • Do I complete the JDF 1820M Worksheet A : Child Support Obligation : Sole Physical Care form or does the court complete it?

    I am in the process of completing a motion for child support with the El Paso County District Court in Colorado Springs, CO. Do my ex-wife & I complete the Worksheet A : Child Support Obligation form or is that form for the court to complete?

    David’s Answer

    You complete and file child support worksheet. Whether it is Worksheet A or Worksheet B depends on how many overnights each parent has (Worksheet A if 92 or less overnights for one parent or Worksheet B if more than 92 overnights for each parent). I hope this helps.

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  • Name change to maiden name post divorce

    My ex husband and I got a legal separation in 2007 which was later converted to a divorce. The legal separation said that upon the transfer of the legal separation to a divorce decree, I should go back to my maiden name. I had said in the final di...

    David’s Answer

    • Selected as best answer

    If the court does not grant your motion, on September 1, a new Colorado law is going into effect that will allow parties in a divorce to get a name change post-divorce in a simplified process without going through the formal name change process (which is a long process involving a criminal background check). The forms for this new name change process have not been released yet, but check the court's web site after 9/1 or an attorney can prepare the motion for you. I hope this helps.

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  • What is the best way to collect on child support arrears?

    My ex was ordered to pay child support in the amount of 1632.00 per month back in 1995. He made 13 payments, and hasn't paid since. The 3 children are now grown and married. His employer was sent court orders for wage garnishment, they never fol...

    David’s Answer

    Collecting child support is a long and difficult process often. Child support enforcement will not help in cases like this where the biggest stick you have is the interest he will owe, since they won't collect interest.

    Many lawyers who specialize in child support collection do it on a percentage fee basis (you don't pay us anything, instead, we get a percentage of what we collect and we take all the risk). We actually have a couple child support cases in Colorado Springs right now and the courts there can be challenging to deal with. Most lawyers offer a free case assessment in cases like this - your best first step would be to call and get a consultation. I hope this helps.

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  • How is interest calculated off of child support arrears if you request it?

    My ex is behind on his child support by $80000. When I filed the paperwork for back child support I also signed a paper saying I wasn't waiving my right to collect future interest. I now want to file the paperwork for the interest that has accrued...

    David’s Answer

    We specialize in collecting past due child support, including two cases in Colorado Springs currently. You need to reduce the amount to a judgment and add interest. We do use a spreadsheet to calculate the interest. You can also ask for attorney fees if you want to have an attorney help get the judgment and help collect - I have never not gotten attorney fees in child support arrears cases (we work on a percentage fee and only collect if we are able to collect from the debtor). I hope this helps.

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  • Do we need to include the children in the divorce.

    My husband and I are getting divorced. We have two children but they were both born before the marriage, do they need to be included in the divorce? We are amicable in this situation and have decided what is best for the kids on our own so is ther...

    David’s Answer

    If the kids are under 18 and are children of the relationship between the divorcing spouses, then they must be included in the divorce proceedings and you will need a parenting plan and child support worksheet and you also will need to take a parenting class. Generally, a court will approve parents' joint parenting plan. I hope this helps.

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  • When are Student Loans incurred before marriage considered martial debt?

    We've been married for 3 short years. I incurred student loans before marriage to get an engineering degree ($23,000). This degree has resulted in some very obvious monetary gains and benefits to the entire household. Due to increased earning capa...

    David’s Answer

    I agree with my fellow attorneys. If she has a lawyer and you do not, you should at least consult with one for 1-2 hours at a minimum about the case, especially before you agree to payment of alimony in such a short marriage. I hope this helps.

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  • What is the process to transfer my deceased mom's property into my name as sole beneficiary?

    My mother recently passed and the court instructions for manager her estate state that I must transfer all assets and pay liabilities prior to filing with them to close her estate. There is a condo in her name with a $30k mortgage on it, with e...

    David’s Answer

    If probate is open, you just need to prepare and file a personal representative's deed of transfer and record it with the county to transfer the property to you. There is a federal law that prevents a transfer in an estate/probate situation from triggering the due on sale clause in the mortgage (just keep paying the mortgage). Unless your mother had more then $5.4 million in assets, there will be no estate tax due or other tax liabilities, except you may need to file a final income tax return for your mother (1040) and possibly an estate tax return (1041). If the estate received more than $600 in income since she died from dividends, etc. (this is different from any estate tax return). If you are renting the property out, I like using LLC's but that transfer could in fact trigger the due on sale clause in the mortgage (though it is very unlikely as long as the mortgage is being paid). I hope this helps. You should think about buying 1-2 hours of advice from a probate attorney to make sure all your t's are crossed, as there are some liability traps non-professionals often miss dealing with creditors, etc.

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  • Will the birth of this new baby affect child support calculations?

    My ex and I have two children together. Once per year- we go to mediation to determine child support since both of our incomes change. we use past years tax returns. Me ex is having a baby with his new wife. We live in Colorado.

    David’s Answer

    Yes. A dependent child from another relationship will slightly lower child support assuming it is paid to you. It is a factor on the child support worksheet.

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  • Can i transfer the file copy of my trust over to another attorney?

    An estate attorney drafted my living trust 3 years ago. I would prefer not to do business with this firm going forward. Is it ok for another law firm to keep the file copy of my trust even though they did not draft it? Is there any reason I need t...

    David’s Answer

    There is no legal reason for your prior law firm (or any law firm) to have a copy of your trust agreement, but you can give a copy to whatever firm you wish. I hope this helps.

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  • How do i go about settling things. there is a house, cars and i dont know what else .

    My mom lived in Colorado i live in California,. she passed on Sunday and there is no will. I am the only child of her and she has not other living imdediate relatives

    David’s Answer

    I am sorry for your loss. When there is no will, you follow intestate succession. You apply to be appointed personal representative and then have the power to deal with the estate. We can generally have the estate open within 1 week when you are ready, at which point you can transfer or sell the real estate, etc. Many attorneys, including us, offer a free initial consultation to discuss your situation. I hope this helps.

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