 | |
|
COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
|
ROBERT D. GUSTAFSON |
| |
ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
|
Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
|
|
|
|
|
Page Index |
Consultation Terms |
Fees * Costs |
Retainer Docs |
Directions |
Maps |
Travel * Trade Area |
 |
 |
COLORADO
SPRINGS DISSOLUTION OF MARRIAGE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
|
representation inquiries are invited & welcome
*
public questions seeking free
advice or information declined
*
consultation terms |
|
attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
|
| |
|
|
|
|
|
Dissolution of Marriage Colorado Springs - declaration of invalidity - aka annulment, allocation of parental responsibilities - fka child custody, parenting time - fka visitation, spousal maintenance - fka alimony, child support enforcement, spousal maintenance enforcement, alimony enforcement, property division, debt allocation, domestic abuse restraining orders and domestic violence criminal defense.
It exists in Colorado. If you are common law married, to end the marriage
you must file for dissolution of marriage - the marriage is as lawful as if you
had become married before a minister, judge or magistrate. Please refer to the
Common Law Marriage
page for more
detailed information.
Either the husband or wife must be
a legal resident of Colorado for at least 90 days before you can file for
dissolution of marriage. Legal residency, called domicile, is not the same as
simply living here. A person acquires legal residence by having significant contacts
with the state. One party must intend to permanently reside here, or return here after
all travels are done. Some of the objective indicators are: Colorado driver's license,
Colorado automobile registration, paying Colorado state income taxes,
registration to vote in Colorado, banking in Colorado, & home ownership or
having executed a lease.
In Lyons v.
Eagan, 110 Colo. 227, 132 P.2d 774, the Colorado Supreme Court quoted with
approval from Rapaljae & Lawrence's Dictionary the following:
"The distinction between mere residence and domicile must be borne in mind.
The former is used in law to denote that a person dwells in a given place; the
latter is the legal home of a person, or that place where the law presumes that
he has the intention of permanently residing although he may be absent from
it." Put simply, the concept is "ET Phone Home - Hooome."
Legal residence is required. If neither the husband nor the wife are a Colorado legal resident, Colorado
courts do not have the power to grant a dissolution of marriage.
If you are not a Colorado legal resident and have no intention of becoming a
Colorado legal resident, you must seek a dissolution of marriage in your home
state.
To be a Colorado legal resident, military personnel must claim Colorado as their home of
record. If Colorado is not presently the home of record,
Form
DD-2058 affidavit of residency may be found at a military finance office
or refer to above link for PDF file.
Free Acrobat Reader
The form must be filed with the
military finance office to cause Colorado state income taxes to be withheld.
Counsel has had military clients inquire whether they could file the
Form
DD-2058, temporarily claim Colorado as the home of record while the
dissolution of marriage case is pending, then switch back to a state which has no state income
tax. NO. That will jeopardize the court's jurisdiction and validity
of the decree. This attorney will not participate in subterfuge.
DISSOLUTION OF
MARRIAGE
LEGAL TERMS
CRS 14-10-103 |
|
|
|
|
|
|
|
The only
grounds in Colorado are incompatibility; we are a no fault state. CRS
14-10-106 The term used
in your case will be that the marriage is irretrievably broken. In other words,
you can't patch up the marriage, even with counseling. You need not and will not
be allowed to tell the court the "bad things" your spouse has done.
Under Colorado law, fault is not admissible except in very limited circumstances
in disputes involving children.
The name of a third party
having an affair with you or your spouse is not admissible. Naming a third
party in a dissolution of marriage is a misdemeanor (crime) punishable by a $1,000 maximum
fine and or 90 days maximum jail.
Breach of contract to marry, alienation of
affection, criminal conversation and seduction (adultery lawsuits) are not
possible in Colorado. Even threatening to bring an adultery civil lawsuit is a
crime punishable as indicated above. CRS
13-20-201, et. seq.
CRS
13-20-201 - Legislative Declaration
CRS
13-20-202 - Civil Causes Abolished - "Heart Balm" Statute
breach of promise to marry, alienation of affections, criminal conversation
& seduction
CRS
13-20-203 - Breach of Contract to Marry not Actionable - "Heart
Balm" Statute
CRS
13-20-204 - Contracts Made in Settlement of Claims Void - "Heart
Balm" Statute
CRS
13-20-205 - Unlawful to File Pleadings - "Heart Balm" Statute
CRS
13-20-206 - Unlawful to Name Co-Respondent
CRS
13-20-207 - Co-Respondent Disclosure Prohibited in Testimony
CRS
13-20-208 - Penalty - $1,000 Fine and/or 90 Days Jail
One of you will file a petition asking the court to dissolve the marriage and
decide the issues of parental responsibility allocation, parenting time, child
support, spousal maintenance, division of property and division of debt. That
person will be called the petitioner.
|
Don't know the present whereabouts of your spouse? It is better to
personally serve the spouse, but if he / she can not be found, service may be
completed by publication. An affidavit of good faith effort to locate must
accompany the motion to publish, including efforts to skip trace. It may be
necessary to utilize the services of a private investigator to locate the spouse. Publication is the last resort. Court orders may be
subject to collateral attack and publication vests the court with in rem
(subject matter) jurisdiction only - limitation of the court's powers. |
attorney has
SKIP TRACING
capabilities in litigation cases or a
PRIVATE INVESTIGATOR
may be required
NOTE: attorney accesses databases only during litigation
preparation - not available to the general public |
|
The
petition and a summons will be served upon your spouse. The summons merely tells
your spouse he or she is being sued for dissolution of marriage. Service means that the papers
will be handed to your spouse, or perhaps published in the newspaper under
limited circumstances. Due process (fairness) requires you to inform your spouse
that you are requesting a dissolution. Service of process on an average costs
between $35 and $50, but can vary. If your spouse is willing to sign a
paper saying he or she received the legal documents, you can use the mail and
there is no charge for service of process. That is called waiver and acceptance
of service of process. Spouses usually don't sign; I don't recommend attempting
waiver of service.
The person who is sued will be called the respondent. He or she is required to
file a response with the court. Other than the difference in the filing fee, it does not matter who is the
petitioner and who is the respondent. It is not a race to the courthouse.
After
filing and service of process on the respondent, by law there is a mandatory 90
day waiting period before the dissolution of marriage can be finalized. This is a cooling off
period. CRS
14-10-106
Upon
commencement of the lawsuit, the following injunction enters automatically by
operation of law. CRS
14-10-107
AUTOMATIC TEMPORARY INJUNCTION -
BY ORDER OF COURT, YOU AND YOUR SPOUSE ARE:
1. Restrained from
transferring, encumbering, concealing, or in any way disposing, without the
consent of the other party or an order of the Court, of any marital
property, except in the usual course of business or for the necessities of
life, and requiring each party to notify the other party of any proposed
extraordinary expenditures and to account to the Court for all extraordinary
expenditures made after the injunction is in effect;
2. Enjoined from molesting or
disturbing the peace of the other party; and
3. Restrained from removing
the minor child or children of the parties, if any, from the State of
Colorado without the consent of the other party or an order of the Court.
4. Restrained without at
least fourteen days advance notification and the written consent of the
other party or an Order of the Court, from canceling, modifying,
terminating, or allowing to lapse for nonpayment of premiums, any policy of
health insurance, homeowner's or renter's insurance, or automobile insurance
that provides coverage to either of the parties or the minor children or any
policy of life insurance that names either of the parties or the minor
children as a beneficiary.
If
the facts warrant, the court may grant a request to actually impound assets or
money and take them out of the control of yourself or your spouse.
If
you have children, in El Paso County both the husband and wife will be ordered
to attend one parenting class during which a video will be shown. You need not
attend together. It does not matter whether you agree on all issues regarding
the children or not; the parenting class is mandatory before final decree
enters.
In the filing fee,
Petitioner pays the cost for both parties ($40 total - $20 each)
Attorneys and mental health
professionals appear to answer questions. Their time is volunteered
without compensation and they will not accept referrals from the
class. Professionals don't contribute to your expense in this
mandatory class but will offer assistance through the end of the program.
Refer to the
Self
Help Clinics page for information regarding parenting class dates, times and location.
You
may have a temporary orders hearing, at which time the judge will allocate
parental responsibility and enter orders regarding parenting time, child
support, spousal maintenance, and who may use property or must pay debt
temporarily while the case is in progress until final orders are entered. That
hearing is frequently about 2-4 weeks after filing. The court's docket
will determine how soon the hearing can be held after filing.
The
attorney will try to settle your case during the 90 day waiting period. If
agreements can be reached with your spouse, the attorney will prepare a detailed
written agreement. That agreement will eventually become part of the final
decree (order).
If
a written settlement agreement has been made and filed:
Children involved:
Attorneys
have entered appearance for both husband and wife:
Court appearance is not required to finalize - decree may be taken by affidavit
Only one
party or neither party has legal counsel:
Court appearance is required to finalize - a very brief hearing is held
Children are not involved:
Court
appearance is not required to finalize - decree may be taken by affidavit
Whether
either party or neither has an attorney is irrelevant - affidavit by decree is
available
If the parties can not agree, the case will enter the contested phases of the
lawsuit. This may include child custody evaluations, psychological evaluations
in child dispute cases, or real estate or personal property appraisals and
mediation.
Each party may be required to produce copies of billings, canceled checks,
bank statements, pension or other financial documents. Each party is required to
file a detailed
financial affidavit. A disclosure certificate must be filed with the court
reflecting that each have provided numerous financial documents to the other.
It is possible that depositions will be taken. That means questioning under oath
in front of a court reporter who records all statements. Interrogatories may
also be used. Interrogatories are written questions which must be answered in
writing under oath. In the discovery phase of the case, both parties
have the opportunity to learn almost anything he / she wants to know to prepare
his / her
case. The days of Perry Mason and surprises in court are gone. Discovery is
frequently expensive - cost can be reduced if both parties are open and
voluntarily exchange financial documents.
If the parties can't settle and must set court hearings,
mediation
is required before
setting a contested final hearing. For additional information, refer to
the
Mediation
& Arbitration page of my primary website.
Before temporary or final orders
hearings, most judges require a pre-trial statement - a written statement which
advises the court of agreements, contested matters, facts and law, parenting plan
and other disposition requested by each party. Counsel may attend a
pre-trial or status conference in chambers at which time each side advises the
judge what of agreements, disputes and issues - what the court fight will
be about. Some judges do not allow the parties into chambers during
a pre-trial conference, others require the parties to be present.
Any dissolution of marriage may be involuntarily set into the Dignity non-adversarial settlement and case management program emphasizing cooperation,
disclosure and informal settlement. The parties and attorneys meet with the
judge in chambers 2-3 times over a 90-120 day period, commencing about 30 days
after a petition is filed. The court hopes an agreement and a decree
are completed during that period. A non-appearance affidavit is used to
formalize the decree. Parties with children are still required to go to the
parent education class but no party is required to attend mediation. The judge
will set initial and subsequent conferences. The initial conference may be used
to adopt temporary orders. Full financial affidavits are required. Unless
authorized by the judge, no motions may be filed. Only one court-appointed
expert on any contested issue is allowed. No formal discovery is authorized.
After
final hearing, if a litigant does not like the judge's decision, appeal must be
filed in the
Court of Appeals. Generally, a party can not state he / she does not like the ruling &
ask for a new ruling or judge.
If
the parties can reach agreements, a dissolution of marriage can generally be completed
in about 4 months from start to finish. If the parties can not agree, it may take as
long as 1 - 2 years. Tell your attorney if you have plans to marry another in
the near future, if the wife in the present marriage is pregnant, or if either
alleges the husband is not the father of a child.
Once
a response has been filed, the case may not be dismissed (thrown out) unless
both parties agree. If both agree, the case may be dismissed at any time until the final
orders have been entered. If one party wants the decree, the other can not stop
it. Either may ask for court ordered marital counseling, but it probably will
not be ordered if the other simply states the marriage can not be saved; he or
she does not desire counseling.
|
MANDATORY
DISCOVERY
CASE MANAGEMENT BY THE COURT
C.R.Civ.P.
16.2
Adobe Reader version 5 or above
required  |
Effective
January 1, 2005 Colorado Rule of Civil Procedure C.R.Civ.P. 16.2 was adopted
which provides for mandatory disclosure (discovery), limited motion practice and
case management by the court. Judges and magistrates are serious about
Rule 16.2 obligations and judicial case management. Once the case is
filed, be prepared to disclose documentation and move the case forward in a
timely fashion. Refer to the above link to view the rule - it applies to
the initial case and post decree matters.
To assist in rapid case preparation,
fact
sheets have been made available on-line. Open file password is
given to a client or sent via email once retained. Counsel asks clients to
invest significant effort at commencement of representation to provide an
understanding of the relevant facts and documents which must be disclosed.
Judicial case management has removed any dilly dallying - timely case
preparation is now obligatory to avoid sanctions.
|
REMOVAL OF SPOUSE FROM HOME |
If removal of the spouse from the marital home is necessary, court orders may be
obtained, and done without prior notice under some circumstances. However, it is
preferable to work out the residence without court orders.
There is no pleasant or enjoyable way to physically separate. If necessary,
either party
may hire an off duty police officer to be present and keep the peace while
household goods are being physically moved. You may attempt to hire an off duty
law enforcement officer by calling the
Colorado Springs Police
Department or the
El Paso County Sheriff's
Office. No officer will
participate in deciding who may take or keep individual items, the officer will merely
keep the peace. Plan on $50+ minimum. To provide for an efficient and
rapid move, make certain sufficient manpower, truck space,
dollies, pads, etc. have been arranged in advance.
|
|
| |
|
Annulment means the marriage never existed - it is now called declaration of
invalidity. This can be obtained only with very special facts, such as
bigamy (concurrent multiple marriages), incest (marriage to a relative), fraud,
duress (shotgun wedding) or surprise inability to consummate the marriage
(sex). Short duration (hours, days, weeks or months) is insufficient in
and of itself in Colorado.
Most marriages do not qualify. |
| |
|
The most common reasons to seek declaration of invalidity would be: |
|
1.
Spousal maintenance, fka alimony is the most likely reason. A party was
a recipient of a former spousal maintenance order in another family law case
involving a third party obligor. If this marriage existed, the fact of
subsequent marriage would likely terminate the former spousal maintenance
order. If the pending "marriage" is declared invalid, the
former spousal maintenance order remains in full force and effect because the
court has declared that the pending "marriage" never lawfully
existed.
2. Religious reasons.
3. A party simply wishes to be able to say he or she
has never been married, or not count this "marriage" when computing
number of former marriages. |
|
| |
|
If children were conceived or born during the relationship, the court would
address the issues of parental responsibilities allocation and parenting time
(custody and visitation) and child support. The court would also enter
orders regarding mutually acquired property and debt. |
| |
|
Many persons have inquired through the years and expressed a desire to annul the
marriage. The statute which sets forth the grounds for declaration of
invalidity is linked above. Up to date
Colorado Revised Statutes (CRS)
are available on-line (refer to link) or are available in the
local law library
supported by the
El
Paso County Bar Association - you may ask a librarian for
assistance in locating statute books |
| |
|
DOES MY MARRIAGE
QUALIFY FOR ANNULMENT ? |
|
If you hope to annul your marriage, read the
above linked statute to determine whether grounds exist to invalidate your marriage.
If a reason exists which meets statutory criteria, you may proceed
with declaration of invalidity. If you do not fit one of the
statutory reasons which would support a petition for declaration
of invalidity, your marriage does not qualify and
dissolution of marriage
is your recourse. |
|
|
Where a lawful marriage existed, and the parties desire to keep the umbilical
cord of the marital legal relation but live apart and deal separately with
property and debt, the parties may file for legal separation. After entry
of decree of legal separation, the parties remain lawfully married, however are
otherwise similar to single persons in their contractual dealings and property
ownership.
The most common reasons to seek legal separation would be:
1.
Health insurance or military benefits is the most likely reason. If a
spouse has a medical condition which would preclude procurement of a new
insurance policy and the condition will outlast legal rights for temporary
continued coverage, legal separation is the answer. Due to the fact the
marriage legal relation remains, an insurable interest remains under the other
spouse's insurance policy.
2. Religious reasons.
3. For whatever family or personal reasons, a party simply wishes to
avoid dissolution of marriage and severance of the marital relation.
The
procedures to obtain a legal separation are very similar to dissolution of
marriage. The major
difference is that the legal bond of marriage is not severed. Six (6) months
after decree of legal separation entry, either party may convert to it
dissolution of marriage. CRS
14-10-120
Remarriage to another person is obviously not an option while a person remains
lawfully married under a decree of legal separation. I generally advise against legal
separation unless there is a good reason, such as a medical condition that
requires continued medical care and medical benefits are available that will be
lost in a dissolution of marriage, or perhaps for religious reasons. Legal separation may be
setting up subsequent additional lawyer fees and court fights. Consult an
attorney before filing for legal separation.
|
CHILD CUSTODY
&
VISITATION |
The court previously decided legal custody (decision making),
physical child custody (where a child lived) and visitation ( the schedule upon
which the non-custodial parent was entitled to see a child) based upon the best
interest of the children. In effort to eliminate the idea that children are
items to be awarded in a dissolution of marriage, terminology has changed. Custody and
visitation no longer exist in Colorado except as is required for tax
exemptions. CRS
14-10-131.7 Refer to allocation of parental responsibilities and parenting
time below.
Allocation of parental
responsibilities CRS
14-10-124
Decision making for children
remains an issue for the court to rule upon. That is now called allocation of
parental responsibilities. The court addresses day to day decision making, as
well as major decisions such as religion, medical care, education and general
welfare issue which affect a child.
Major decision making may be
ordered jointly, or by the parent with whom the child primarily resides.
Provision is also made for future dispute resolution, such as submission to
mediation,
arbitration, or request for the court to review the disputes.
The
court may order joint decision making without agreement of the parties, even over
each parties' objection.
| ************************* |
************************* |
Parenting time
CRS
14-10-124
Parenting time encompasses
court rulings regarding the children's primary residence and upon what
schedule the other parent will have the children physically present with him
or her. The court continues to use the best interest of the child as the
polestar. CRS
14-10-123.4
More emphasis is now placed
on each parent assisting with children's obligations, such as homework, taking
the children to activities, etc. If possible, children should have liberal
access to each parent - children have a right to know and love each
parent. Under
limited circumstances, parenting time may be restricted or denied by the court
if in a child's best interest.
The court will consider
denial of or failure to exercise parenting time in ruling upon decision
making, primary physical residence and parenting time.
Parenting time
enforcement. CRS 14-10.5-104
The court may utilize:
Mediation
- both voluntary or
mandatory
Family counseling
Parental education
Development of parenting
plans, including monitored parenting time, supervised parenting
time, or neutral drop-off and pickup locations
Court ordered parenting time
guidelines
Alternative arrangements with respect to parental
responsibilities
| ************************* |
************************* |
Access to records
CRS
14-10-123.8 Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.
| ************************* |
************************* |
"Custody battle" with
significant other or extended family member.
If you are a caretaking
parent, be aware of the possibility of a "custody fight" if you:
permit your boyfriend
or girlfriend to cohabitate for 6 months or longer
place your child(ren)
with family a family member or close friend for 6 months or longer
Similar to the annulment statute,
there has been great interest in this particular statute.
Colorado Revised Statutes (CRS) are available
on-line (refer to link) or are available in
the
local law library
supported by the
El
Paso County Bar Association - you may ask a librarian for
assistance in locating statute books.
| ************************* |
************************* |
Motion to modify - affidavit
required
A party seeking to modify a former
order regarding custody or allocation parental responsibilities must submit an
affidavit with the motion to modify. Failure to do so will result in
dismissal. CRS 14-10-132
Terminology sometimes
appears confusing, however it may not seem so difficult when you understand
the court will be ordering how major decisions affecting children will be
made, and deciding separately who will be the primary caretaker for the
children.
Obtain a spiral notebook and
keep brief notes regarding matters pertaining to the children, both agreements
and disputes. Date each entry, state only facts, not opinions, and make each
entry brief. Keep a record of parenting time requests, including dates &
times, parenting time exercised, and relevant facts. Your notes may be later
used to refresh your recollection on the witness stand and will be used by the
lawyer to prepare for hearings. With notes, you may effectively rebut false
claims of your spouse and you will have a record to build your case.
Advise the attorney not only
of favorable circumstances, but of facts which may be harmful to your case.
Allowing your attorney to be educated by opposing counsel in court is very
damaging to your case.
If you and your spouse are
contemplating a "custody battle," seriously consider the matter in
light of the effect it may have on your children. Custody evaluation is likely
and a guardian ad litem or special advocate may be appointed by the court to represent the
best interests of your child(ren). You must be prepared to commit substantial
financial resources.
Each party will be required
to submit a written, detailed parenting plan.
In every case where children are involved, this attorney recommends you
consult a psychiatrist, psychologist or licensed social worker to learn more
about what impact your family breakup will have on the children, and how to
effectively cope. Advance knowledge will likely assist you in neutralizing
negative circumstances and minimizing injury to your children.
Dissolution of marriage is a major life
event, as is death of a loved one. Do not feel stigmatized by seeking
professional advice. The fact you are inquiring into legal remedies
indicates your marriage is in serous trouble, and perhaps your entire family
structure. Consulting a mental health professional is quite likely the best
course of action you could take at this point. If the children are
exhibiting trauma or unusual behavior, by all means immediately consult a
mental health professional. As a governmentally subsidized agency,
Pikes
Peak Mental Heath bills fees on a sliding scale based upon income.
Many private therapists or counselors are also located in town. You may not desire extended therapy, however don't hesitate to at least
touch base, regardless of whether or not you have children.
Hundreds or perhaps thousands of dollars may be at issue regarding any aspect of
child support - any aspect may become a contest in any case. Naturally,
former litigants have taken support issues on appeal, and caselaw exists.
If you have children, child
support will be ordered by the court. The dissolution of marriage child support statute
is
CRS 14-10-115 which sets forth criteria for establishing child support.
From the statute have sprung child support guidelines and computation
forms and tables (like tax forms) which will be used in setting child support,
however the court may order a different amount if necessary to set a fair
support figure. The court will look at the ability of each parent to support
and the needs of the children, including daycare expenses, health,
hospitalization and medical insurance and deductible or non-covered medical
expenses, continuing medical
expenses, private
school tuition if agreed or court ordered, post-secondary education or other
financial circumstances relevant to your children. Child support is not
taxable income or deductible. Issues to be addressed are deviation from
guideline child support amount, relation back - retroactive child support,
statutory interest, tax considerations and exemptions
Refer to:
1.
Hardcopy
Legal Forms - local access to forms
2.
Colorado Supreme Court
Legal Forms
- available by internet download
3.
Colorado
Supreme Court Child Support Guideline Computation Worksheets - on-line
instructions & downloads or
4.
Child
Support and Spousal Maintenance Software (commercial site - cost
involved & computer installation required)
5.
Military and
Civil Service Defense Employee Pay and Benefits - links to military and civil
service defense employee pay and benefits. This information is beneficial when an LES is not available to the spouse.
6.
Colorado Revised Statutes (CRS) are available in
the
local law library
supported by the
El
Paso County Bar Association - you may ask a librarian for
assistance in locating statute books.
Up to 93 overnights, no support deduction is made for the obligation of the
residential parent's child support obligation to the other parent. This
computation is labeled Worksheet A - Child Support Obligation.
Commencing at 93
overnights with the other parent, deduction is made for the obligation of
the residential parent's child support obligation to the other parent.
This
guideline computation is labeled Worksheet B - Child support Obligation -
Shared Time. Depending on the actual contribution circumstances, even with
93 or more overnights, the court may use Worksheet A.
If the parties have
multiple children and one or more primarily reside with one parent while one
or more children primarily reside with the other parent, two child support
guidelines are calculated for the child(ren) with each respective parent,
then set off to determine the net support owed by one parent to the other.
Child support guideline
computation worksheet labels do not affect the decision making process or
scheduled overnights; they are merely mathematical computations.
When computing the amount of child support,
after born children not children of both parties will not be taken into consideration.
In later modifications, that means if
either party has children born of a another relation subsequent to the child who is the subject of the support proceeding, no consideration will be given to the expense of raising or
supporting those children, whether born in lawful wedlock or not. CRS
14-10-115(7)(d.5)(1)
Receipt of public
assistance benefits must be reported at the time of filing the petition.
CRS
14-10-107.7 If public assistance is being received at present,
it is important to obtain a support order as quickly as possible to limit
potential
liability of the obligor spouse. If welfare has been received for a
child, notice must be given to and it is likely the local governmental
Child
Support Enforcement Unit (CSE) will enter as a party in the case
seeking reimbursement for current or past welfare expenditures.
It is illegal to agree the "non-custodial" parent will not see the children in return for no payment of
support. Do not attempt to pass this type of agreement by the court.
Contest may arise regarding issues such as reasonableness of daycare,
unemployment or underemployment and imputed income, tax exemption, health
insurance and on-going medical deductible or non-covered expenses. Medical
expenses can include cosmetic orthodontia, medically necessary orthodontia,
eye-care, dental treatment, and any uninsured single or chronic health
problem. Significant amounts of money can be involved.
Current child support may be
enforced by income assignment. With this remedy, the obligor's employer deducts
child support or spousal maintenance from the obligor's paycheck each payday and
sends direct to the District Court Registry Fund or the statewide
Family
Support Registry. This assures current
payment so long as the obligor remains employed. If one party requests an
income assignment, it must be automatically granted
pursuant to statute. CRS14-14-111.5(2)(f) The fund utilized
depends upon the type of support (child support or spousal maintenance) and
whether support is ordered in a dissolution of marriage case or paternity case.
Health, Hospitalization and Medical Insurance
Insurance Required. In child support orders issued pursuant to the
dissolution of marriage child support statute (CRS 14-10-115) the court is required to provide
for the child(ren)'s current and future medical needs by ordering either parent
or both parents to initiate medical or medical and dental insurance coverage for
the child or children through currently effective medical or medical and dental
insurance policies held by the parent or parents, purchase medical or medical
and dental insurance for the child or children, or provide the child or children
with current and future medical needs through some other manner. At the same
time, the court is required to order payment of medical insurance or medical and
dental insurance deductibles and co-payments. Payment of a premium to provide
health insurance coverage on behalf of the children subject to the order is to
be added to the basic child support obligation and shall be divided between the
parents in proportion to their adjusted gross income.
Insurance Cost Excessive - Requirement Abated. Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance.
The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.
Insurance Assignment.
CRS 14-14-112 requires that in all
orders which direct the obligor to provide health insurance for any child, the
court shall include a provision directing the obligor's employer to enroll such
child in the health insurance plan and to deduct from the wages due the obligor
an amount sufficient to provide for premiums for health insurance when such
insurance is offered by the employer.
19-4-116(5) imbues the court in a
paternity action with the authority to require a party to purchase or maintain a
medical insurance policy to provide for the current and future medical needs of
the child. S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo.
App. 1998). Similar to child support, where a party has been ordered to
provide health insurance, assignment may similarly be entered.
CRS14-14-112(1). However, if insurance is ordered the statute makes health
insurance assignment mandatory.
Deviation from Child Support
Amount Presumed Reasonable
Pursuant to Guideline Computations
The trial court may deviate from presumed amount of support in
CRS 14-10-115 according to the criteria in subsection (6) so long as it enters findings that allow an appellate court and the parties to discern the reasons for the deviation.
In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994). If the record
( paternity case) reflects the trial court
considered the relevant factors for determination of support, CRS 14-10-115,
(dissolution of marriage statute) there is no abuse of discretion. Garcia, supra,
In re Marriage of Krise, 660 P.2d 920 (Colo. App. 1983).
Relation
Back - Retroactive Child Support
Child support may be ordered retroactive to
the later date of establishing different residences, filing the dissolution of
marriage lawsuit or service of process
upon the Respondent. This is called retroactive child support or relation back. Issues can be
highly contested regarding whether the
court enters an order for support during a period of time prior to the order,
what period is covered, how much periodic support is ordered and terms of
repayment. Once a support order is entered, each
installment becomes a judgment the day it becomes due. The court may not
later modify the amount of support or deny the obligee any lawful remedy.
Child support can be
efficiently enforced. Refer to the
Support
Enforcement page of my primary website for additional information regarding income assignment
for support arrearages, garnishment of
income or bank accounts or enforcement by contempt of court (jail).
Period of Child Support
Obligation
Colorado courts will order child support until emancipation. For purpose
of child support obligations, emancipation under Colorado law is presently the
child’s 19th birthday, death, marriage, or enlistment in the U.S. military
armed forces. A child may otherwise become earlier emancipated, and emancipation
may not in fact occur at age 19 - such as a child with disabilities.
Statutory Interest
Statutory interest on child support is 12% per
annum from the date each installment was due. CRS
14-14-106, CRS 5-12-101. Once an order has entered,
obligee (person receiving child
support) has a right to statutory interest. If an obligor
defaults on a child support installment after entry of order, obligee is
entitled to statutory interest. If the court relates back in an
order and ,
at issue may be whether the obligee is entitled to statutory interest at 12% per annum on retroactive
support arrearages.
Tax
Considerations and Exemptions
Child
support is not taxable income or deductible.
The court may allocate daycare federal tax
credit.
The
court may allocate the federal income tax dependency exemption, and further may
order each parent to execute necessary forms declaring
that either such parent will not claim the children as dependents. CRS 14-10-115(14.5) -
guidelines (dissolution of marriage), and CRS 19-4-129 (paternity) require the
court, unless otherwise agreed by the parties, to allocate the right to claim
dependent children for income tax purposes between the parties in proportion to
their contributions to the costs of raising the children.
Alimony exists in Colorado - just a different label - spousal maintenance.
The person seeking spousal maintenance must
first establish need, and if established, then the court will look at the
finances of each party in setting the amount and duration. The court need not
order any maintenance or may award up to lifetime. The shorter the duration of
the marriage, the less likely the court will order maintenance, or the shorter
the duration of award. The court seeks fairness. Each marriage is different, and
the award or rejection of spousal maintenance depends on the facts of each case.
If the parties combined
annual gross income does not exceed $75,000, Colorado law provides a
statutory guideline computation for temporary spousal maintenance. The
courts will use the statutory formula. CRS
14-10-114(2)
There are no guidelines or computation forms for
permanent spousal maintenance.
To compute spousal maintenance, each parties' income must be known. For
information regarding
Military and
Civil Service Defense Employee Pay and Benefits refer to the link.
This information is beneficial when an LES is not available to the spouse.
Spousal
maintenance receipt is
taxable income. Payment is tax deductible.
Regarding persons seeking spousal maintenance or seeking to
avoid alimony. Failure to request permanent spousal maintenance in the petition for dissolution of marriage will
likely invalidate the claim.
Case on point - In re
Marriage of Boyd, 643 P.2d 804 (Colo. App. 1982)
Husband sought spousal maintenance
from the wife
Husband filed a motion for
temporary spousal maintenance which was heard, but
Husband failed to request permanent
spousal maintenance in his petition for dissolution of marriage
Husband failed to file a motion to
modify the petition to include a request for permanent spousal maintenance
Husband failed to request a
continuance at final orders hearing seeking time to file a motion to modify
the petition to include a request for permanent spousal maintenance.
Permanent spousal maintenance was
denied to husband. Where allegations of the husband's petition did not
constitute a request for permanent maintenance, the petition did not provide
fair notice to the wife that she was expected to defend against a claim for
permanent maintenance. Husband could have sought to amend his petition
to include a request for permanent maintenance. C.R.Civ.P. 15(a); cf. Varner
v. District Court, 618 P.2d 1388 (Colo. 1980). Trial court did not
abuse its discretion in denying the request to consider the issue of permanent
maintenance. see Bryant v. Hand, 158 Colo. 56, 404 P.2d 521
(1965).
In the Boyd case, the
husband happened to be the party seeking spousal maintenance. It is
irrelevant whether which party (husband or wife) is seeking permanent
maintenance - the Boyd case exists.
Moral of the story.
If you are the prospective obligee - if you don't ask, you can't get.
Request the kitchen sink in your petition - you can always waive an issue in
settlement negotiations..
Or - if you are the prospective obligor, be silent until final
orders hearing, then object and raise the Boyd case as a
defense.
Unusual issue, but it can arise and be defensible.
Separate property is generally property acquired before the marriage or
received during the marriage by gift or inheritance. Unless the owner has titled
the property jointly or made a gift of it to the spouse, separate property
will not be subject to division. However, see below. Although the
court may not divide separate property, in practicality it may be necessary to
sell to satisfy the award of marital increased value.
Marital property is generally that which is acquired during the course of the
marriage except as above. Any increase in value of separate property during
the marriage is
considered marital; i.e.: home owned before marriage worth $90,000 at marriage,
now worth $150,000 yields $60,000 marital property and $90,000 separate property.
Marital property is subject to division in dissolution of marriage. The
above simple example assumed home purchase by cash with no debt. Secured
debt would be an equity factor at the time of acquisition, marriage and
dissolution of marriage.
Separate debt is generally acquired before the marriage and not subject to
award against the other spouse. Reduction in separate debt can be
allocated as marital property. Debt incurred during the marriage is
generally marital debt, even if incurred only by one spouse without the
knowledge or consent of the other spouse, or if incurred without the other
spouse's joint signature.
The court will equitably divide marital property
& marital debt.
Generally that is
50% each, however the court may divide otherwise if fairness and the facts of
the case require it. Equitable division does not necessarily mean equal
division; either the husband or wife may be awarded more than 50% if the
facts and circumstances make this equitable or fair. Property, debt, child
support and spousal maintenance weave together.
If the parties are unable to agree on value or division of personal property,
the court may order all personal property sold at
auction. Be reasonable -
not greedy.
Please refer to the
Resources
Links page of my primary website for assistance in placing values on your real property,
personal property or motor
vehicles. Specific link designations are provided below.
Real Property
Real
Property Appraisers
Real
Estate Brokers
Real
Property -
value, history, financing, insurance, rental housing
Personal
Property Appraisers
Motor Vehicle
Motor
Vehicle Appraisers
Motor
Vehicle Value -
(NADA Yellow Book & Kelly Blue Book) and
history (Carfax)
On-line availability of yellow & blue books may alleviate need for
appraisals
Parties tend to agree upon motor vehicle values with aid of the books
Pensions, including military and PERA, are property subject to division if
earned during the course of the marriage. It is not necessary that a pension
be vested or mature for the court to divide it. Vesting is the right to take
the pension if you left employment. Mature is the right to receipt at present.
If the marriage is over 10 years duration during creditable military service,
the military will disburse the spouse's share direct to him or her if
requested. Numerous court rulings have interpreted the "10 Year Rule"
which does
not prohibit or deny the spouse's claim if the marriage was less than 10 years
duration during creditable military service. The "10 Year
Rule" merely deals with whether the military will disburse a portion of the
pension to the former service member and a portion to the former spouse, or
whether all will be disbursed to the former service member and then he / she
must disburse to the ex-spouse.
IMPORTANT NOTATION: For
any loan you have taken or will take from family or friends, document the loan
with a promissory note reflecting the loan date, initial principal amount,
interest (if any), method of repayment (i.e.: installment or lump sum) and
amortization (scheduled payment amounts and due dates.) If you have borrowed
items of personal property, make a writing reflecting the date or
circumstances regarding return. This documentation is admissible evidence if
your spouse claims family or friends made a gift to you individually or
jointly. Lawyers see
this dispute with some regularity - protect yourself now, even if after the
initial loan date. Clients may refer to the link to obtain a form
Promissory
Note. Free
Acrobat Reader Download
|
|
|
|
|
|
| |
|
Synopsis
How Do We Accomplish a Dissolution? - Realistic Time Frames
"I want what I want, I want it all
and I want it now" or "On-Demand"
The legal system hasn't achieved the fast food market level of efficiency and
probably never will. Probably never should. Prospective clients want
to know how long will it take to commence a dissolution of marriage and how long the process
will take.
There are two primary focal points in marriage dissolutions - finances and what to do with
respect to the children. The two most important documentary aspects of a
dissolution are the financial computations used to arrive at settlement or
litigation theory (pre-trial statement & brief) or the separation agreement
(terms to be incorporated into the final decree if court fight can be
avoided). Comprehensible and concise computations are required to
understand family finances and to draft a realistic settlement or litigation
proposal.
A lawyer can not offer advice regarding support or division of the marital
estate until he or she has an understanding of the family's finances, and
understanding of family dynamics is necessary before formulating a parenting
plan. That's common sense. Financial disclosure rules require an
in-depth look at the family's financial circumstances at the time of
filing. If children are involved, a parenting plan must also be
submitted. Put another way, at the time of filing you must inform the
court of the family circumstances and your proposal for relief - at least on an
interim basis until final orders hearing.
I have fact sheets located
within my primary website to aid in understanding of family finances and dynamics and
case preparation. I ask the client to provide realistic valuation numbers
regarding income and expenses, assets and liabilities and to be thorough in
describing family circumstances. I ask that the client invest time
locating, organizing, copying and providing
relevant
documents at the time I am retained. Income is determined from
paystubs, LES or projected income capability.
Kelly
Blue Book or
NADA
Yellow Book will be utilized to set motor vehicle values or if
one party wants to be difficult,
appraisal
can be ordered. If the parties are not in agreement, real property can be
valued by
appraisal
or
market analysis.
Unless the parties' real property will be sold and proceeds divided or if buyout
is planned, unless it was recently purchased, appraisal or market analysis is a
very good idea. Business interests can be valued by a CPA if complex or if the parties do not
agree. Pensions are ascertained from plan provider documentation.
IRA, TSA, 401K, etc. are ascertained from family financial documentation, as are
bank balances determined from bank statements. A value can be set for
every asset, right down to household goods. If you can't agree on
valuation of personal property or household goods,
appraisal
can be ordered. Debt is determined from recent billings. Numbers
will be obtained - mutual disclosure and valuation stipulation is easier on the pocket book than
discovery fights and appraisals.
|
I use professional software to prepare child
support guideline computations and
child support arrearage computations. I have drafted an
interactive electronic spreadsheet to compute income and expenses for
each party, presumptive temporary spousal maintenance as well as marital
& separate property and debt. |
|
The spreadsheet provides a detailed look at each party's income and
projected expenses, impact of child support, spousal maintenance,
pension payments and debtservice allocation. Budgeted
discretionary income (positive cash flow) or budgeted deficit spending
(negative cash flow) will be identified for each party. Proposal revisions
can be made to achieve a
projected budget which is workable for both parties; budget and
projections are credible in
court argument if settlement isn't possible. |
Electronic spreadsheet will project asset and debt
division. It will reflect individual assets and debts, then
identify total net marital property division dollar value and percentage
awarded to each spouse based upon the client's numbers. The
spreadsheet will also reflect the required monetary transfer from one
spouse to the other necessary to achieve an equal division of net marital
property based upon the client's valuations and proposed
division. Equitable division does not necessarily mean equal
division, but it's a good beginning point. Revisions can be made to arrive at an equitable
division. |
|
Separate property is not divisible under Colorado law, but a
factor in determining spousal support need or ability and division of
marital property. Separate property will be
identified and valued separately in the spreadsheet. Increase or
decrease in separate property value is
marital property subject to division, and will be included in marital
property computations. |
|
In my practice, the electronic spreadsheet will be utilized heavily to
ascertain family finances and settlement or trial posture. To facilitate planning & conference during initial case preparation,
spreadsheet computation draft .pdf file is emailed to the client. It would be common to amend the client's preliminary
financial scenario - client's initial plan is merely a beginning point
subject to review when impact becomes obvious through computations.
Given the financial scrutiny, initial settlement proposal or pre-trial statement should be well within the ballpark of reason. |
Seemingly complicated issues can be reduced to math, however human
interpretation and perhaps oral argument in court remain. The
electronic spreadsheet computation format is understandable and brutally
frank - it sheds light on financial areas which, in many cases, one party
would prefer to be left dark, gray and somewhat confusing. I find
that when finances are clear to all parties, possibility of reasonable
settlement is enhanced. Using a rational mind, provisions which
are acceptable to both parties can usually be drafted regarding the
children. |
You feel the need for speed -
how fast?
From the time attorney receives completed intake sheets and financial
documentation, the dissolution of marriage can usually be prepared within 1 - 2 weeks. I
prefer to submit a separation agreement (settlement proposal) to the opposing
party at or near the time of filing the petition or response if possible. Settlement
proposal is seldom accepted as first drafted, but changes shouldn't be
significant if client has been realistic and has communicated with spouse or is
aware of spouse's valuation estimates and goals. Being aware of the spouse's position doesn't mean you agree; compromise or
litigation will likely be required. Initial financial scrutiny &
settlement proposal method creates additional work for counsel and parties on
the front end, but in this fashion we quickly determine whether settlement is a
viable option or trial will be required. If appraisals are not needed and if you and your spouse can be objective, figure about 3 - 4 weeks of hard
work to achieve a final resolution, including transfer of real property
ownership by quit claim deed or motor vehicles via powers of attorney.
More fees are incurred at the outset than if the case were commenced with a
simple summons and petition, but if the case can settle it will ultimately
reduce attorney's fees and costs in the final analysis. It also reduces
headaches, heartaches, anxiety and stress if the case can be concluded from the outset
except awaiting the statutory 90 day cooling off period mandated by CRS
14-10-106. If settled, decree can usually be taken in about 4 months from
the time of filing and service of process.
That's not "on-demand" or fast food mentality, but not a significant
period if you and your spouse can be objective, realistic and reasonable.
In the interim, please don't plan a wedding to a new spouse, nor plan a buyout
and refinance closing within a tight time frame. If it's a court fight,
plan to become quite patient.
Remember - the court's polestars will be the best interests of the children and
fundamental fairness with respect to support, property and debt. If you
enter into court fights, final outcome will likely be somewhere in the same
ballpark of reason we are seeking in the initial analysis. Use good
judgment when contemplating your initial "wish list" or revisions
thereto.
Courtesy vs.
Fighting and Negative Emotions
1. Do not fight with your spouse,
physically or orally. You will gain nothing, except to make your
dissolution of marriage much
more difficult or incur criminal charges.
2. You must disconnect the
buttons which have caused you emotional distress in the past. No one knows
better how to press your buttons than a spouse. You have commenced or are
contemplating a dissolution of marriage - expect your spouse to play your buttons with more
fervor than the "Phantom of the Opera." Recognize your spouse is jabbing your
all too familiar emotional sore spots due to his or her own negative
emotions. Do not give feedback; the jabs can be temporary if you don't feed
the fight. And... don't you become a concert pianist on the buttons.
3. You make the best
decisions when you are rational and logical. No one can exercise clear
judgment when we are over emotional, over tired, ill (physical or emotional)
or impaired by substance (Rx, illicit or alcohol). Decisions you will face in your
dissolution of marriage
and in normal communications with your spouse are some of the most important
you may ever encounter with long term consequences. Resolve your emotions in
another forum; not in your litigation or dealings with your spouse.
4. You have business to conduct
with your spouse; treat the dissolution of marriage as such. Establish your new
relationship starting now. Give your spouse the courtesy, dignity and
respect you would give a stranger on the street. Require the same be given
you in return.
5. Guilt, I'm Not Whole and Public Perception. You may experience
guilt that the relationship didn't work out, and that you are not a whole
person. Find a way to recognize yourself as a whole person - others
do. A mainstream church pastor once expressed concern that his peers would
view him with distain at an upcoming conference when they learned he was
undergoing dissolution of marriage - Hawthorne's scarlet letter. I told him I believed
their response would be: "Gee, I'm sorry to hear that, now what's for
lunch?" There may be a great deal of reality in that. The
pastor later reported that lunch was good. Dissolution of marriage is an opportunity to
redefine your perception of yourself.
Children
and Manipulation
1. Do not let children hear
any derogatory or bad statements about your spouse, whether from you, family
or friends. Vent your emotions outside the presence of your children.
Your dissolution of marriage will create a degree of trauma for them; do not increase that trauma
or cause emotional distress to your children needlessly. This office will
not represent you if you manipulate or unfairly make the children pawns.
2. The below listed
complaints are frequently heard by attorneys. In El Paso County, an order to
parents was likely entered when you filed your case. If your spouse is
engaging in any of the following behaviors, refer to that Order. You will
likely be able to stop this manipulation by contempt of court (jail)
proceedings.
a. Children must choose
between the two of you.
b. Attempting to turn the
children against you by discussing your shortcomings, i.e.: denigrating,
demeaning or making derogatory statements about you or permitting family
or friends to do so in the presence of the children.
c. Failure to continue
with scheduled activities or school work during parenting time - time
being used as a vacation from responsibilities for the children.
d. Children being involved
in setting, negotiating or mediating parenting time.
e. Children being
questioned regarding your activities, new assets, expenditures or
romances.
f. Spouse or significant
other using illicit drugs during child care times.
g. Children being forced
to refer to step-parent or girlfriend / boyfriend as "mom" or
"dad."
h. Children being taken to
a counselor or therapist without first obtaining the agreement of the
residential parent.
i. Other parent secreting
or not informing you of his / her current address and phone.
j. Discussion of the
dissolution of marriage case or issues of the case with your children, whether parental
responsibility, parenting time, child support or other financial issues.
k. Children being shown
documents related to the case.
l. Children being brought
to court.
m. "No show" or
"late show" at agreed times for parenting time exchange.
n. Spouse arguing with you
at exchange for parenting time.
o. Step-parent or
boyfriend / girlfriend being part of the transportation or child-care
process during parenting time... significant other sticking nose into your
business
p. Lack of adequate
clothing for parenting time or being returned in poor condition.
q. Driving with the
children under the influence of alcohol, drugs or medication.
r. Failure to use legally
mandated child restraints in motor vehicles.
3. Children, even very young,
may likely attempt to manipulate the parents. Separation is a particularly
fruitful time given the guilt most parents are experiencing... a child's
radar senses this. Agree with your spouse that if either hears a disturbing
report, you will call the other to inquire. Agree neither will fly off
the handle due to such an inquiry - a degree of unity remains necessary.
Keep rules & discipline consistent. Understand children may attempt to
manipulate, distort or extort. "No-way... not my
children"... right.
Children need boundaries.
Children - Attorney
Appointments
I ask that children not be brought to the office unless
requested by the attorney. Family law matters are sensitive and not
appropriate for children; they may understand more than we expect. Also, many
children have short attention spans. Matters to be discussed will be of
importance to you; the distraction of caring for a child will likely decrease
the productivity of our time together. Please make arrangements for daycare.
If care is not possible, I work from my home and toys are available. It's
simply not a plan to include children in dissolution of marriage legal matters.
Cohabitation with Spouse
Legally, you may cohabitate (live with) your spouse all during the
dissolution of marriage,
including through the date final orders are entered. In practicality, it
does not work.
1. Living together will
increase the emotional tension between you and your spouse.
2. Domestic violence criminal
charges may be brought on allegation alone with no supporting evidence.
Hello gray-bar hotel, no room service 'eh? Refer to the any of the below
links for additional information regarding potential domestic
violence criminal charges or restraining orders. Refer to the below
links for additional information.
a.
Domestic
Violence Information - information pertaining to defense of
domestic violence charges
b.
Domestic
Violence Criminal Charges - frequently charged domestic violence
crimes
c.
Domestic
Violence Sentencing Summary
d.
Civil
Domestic Abuse Restraining Orders
e. Have I represented level headed clients who continued living under the
same roof with the spouse against my advice to save money? yes. Have
some consequently faced predictable but devastating domestic violence criminal
charges and / or domestic abuse civil restraining order litigation?
yes. Hopefully this rings home - don't attempt cohabitation.
3. One of you must move out,
or plan on disagreements. To that end, the person who moves out will need
at least first month's rent plus security deposit, maybe last month's
rent, staple groceries, adequate furniture / household goods and
transportation. Plan on the expense, regardless of who actually moves.
Financial arrangements for multiple residences are nominal in relation to
criminal defense or restraining order defense, not to mention long term
consequences of the paper trail left by such an allegation.
Throwing out your spouse with no money and nowhere to go is not wonderful,
nor will it favorably impress a judge. Use common sense - don't make
or tolerate that demand or threat.
Negotiations
1. Conduct all negotiations
with your spouse in a park or restaurant which is a public setting but
offers a degree of privacy. Never discuss an emotional issue in the privacy
of your home or a totally secluded area. Argument, possible assault or
injury, criminal charges and injunction will be avoided.
2. If you and your spouse can
not reach agreements in any particular discussion, recognize that you will
not be able to agree and discuss the matter in 2 or 3 days when emotions
cool down. Do not continue to press a matter when you know you can't agree.
A court hearing may be necessary; courts decide fairly. Use court hearings
for legitimate disagreement matters and avoid court battles over issues
emblazoned by emotion.
Relationships and Sexual
Intercourse
Relationships and sexual conduct may not be admitted in court as
evidence except under limited circumstances as pertains to court dispute
regarding children. However, if your spouse learns of it or you bring a member of
the opposite sex near the spouse or children, negative emotions will result (major
understatement). That will likely translate to needless court fights and higher
attorney fees for each of you even if there are no kids. Be discrete, and do
not live with a member of the opposite sex while your case is pending
1. Children experience some
degree of trauma due to separation. Remember, they did not participate in
the decision to split the family unit. Do not expose children to friends of
the opposite sex until the relationship is stable, and then introduce them
gradually with a picnic, movie or some easy outing.
2. Naturally, children should
not be exposed to sex. Nor should they be left with a babysitter for
frequent or extended periods, nor late night while you party or enjoy
recreational activities. These facts are admissible; use common sense.
3. Children, particularly young,
will report your spouse's activities to you and will report yours to your
spouse - pipeline. Use common sense when establishing new
relationships.
4. Mental health professionals will likely advise you that it takes
approximately two years post decree to conclude the grief or healing process; I
suspect closer to 9 months - a year & a half. Books are available from
the public library, just as
counseling
and recovery workshops are
available. It doesn't lessen your loss, but knowledge can aid
understanding of the feelings you are undergoing. I call it: "I'm
crazier than a loon, but if I wasn't crazy, I really would be crazy."
A mental health professional referred to that cycle as "feeling and acting
normally in an abnormal circumstance." I have no expertise in the
area; they do. They use nicer phrases. Temptation will be strong and
will abound - be careful about entering into a significant relationship before
you have concluded the grief process from this loss.
Property Issues
1. Close joint
accounts.
a. Close all joint
liability or charge
accounts immediately. Notify creditors by certified mail
that you will no longer be responsible for future debt incurred by your
spouse. This includes accounts in an individual name and upon which the
spouse has signed as co-maker or has charge privileges. Send creditors one-half of the charge card of the spouse who will no
longer have charge privileges, or close the account entirely if need be.
This
includes utilities and checking accounts as your spouse may write bad checks.
Closing joint liabilities is simply good business and eliminates possible
disagreement later. It may be uncomfortable to discuss this with your spouse
immediately. You may believe excessive charging to be out of character for
your spouse. You may fear the finality this seems to bring. Do it anyway &
do it now - attorneys see this problem frequently. Close all joint accounts
immediately. ...twice written intentionally.
b. Close all joint
savings
accounts,
and divide the proceeds fairly. If you anticipate problems, transfer the
proceeds to a savings account in your name only, and hold (not spend) the
proceeds until final disposition can be made. It is easier to give the money
to your spouse than to ask for it back. This office recommends immediately
after you have withdrawn the money, you convert the new savings account to
an account where withdrawal is possible only upon the signature of both you
and your spouse; check with your bank for availability. Protect your
savings.
2.
Personal property division. If personal property has not been divided, do so immediately.
When you make division of personal property,
divide as much as possible, and make one move. Disagreements are caused when one
party continually contacts the other requesting minor items of personal
property. Identify those items on which you disagree; counsel will
negotiate or a court hearing may be necessary. The goal is to identify &
minimize those items which are contested. Don't sweat the small stuff; be
flexible without giving up important matters. If you take petty personal
property issues to contested final orders hearing, a judge could easily order
all property sold at public
auction
and division of proceeds. Greed could
backfire badly.
3. Estate planning.
Review
wills, trusts or life insurance policies. Your circumstances will be changing;
you will need to amend beneficiaries or your entire estate plan. You may also
wish to review your needs for powers of attorney, child guardianship and
conservatorship, a medical or surgical treatment declaration (life support) or
anatomical gift declaration. I do not practice probate or estate planning;
contact your estate planning attorney.
| ************************* |
************************* |
|
|
|
|
|
| |
| ************************* |
************************* |
|
Award of Attorney's Fees and Costs of Litigation
In dissolution of marriage cases, the relevant statute is CRS 14-10-119. The court may order payment
toward
attorney's fees as well as expert witness fees, guardian ad litem or special
advocate, costs of genetic testing or other litigation costs. Attorney's
fees and litigation costs may be awarded for periods prior to commencement of
the proceedings and subsequent to judgment.
Award or denial of attorney's fees and costs of litigation is in the nature of
support. Award is not to be used as a punitive action. The Court
must consider award or denial in light of the income and property of the parties in relation to one
another, and must make findings as to the amount and reasonableness
thereof. Under some circumstances, a court may consider the actions of one
party which directly increase the costs of litigation.
|
|
|
| |
|
Emotions run high when dissolution of marriage is contemplated or during the process of physical
move out. Be very, very cautious in dealing with your spouse at this critical
time. If your situation is abusive, whether you are the victim or the abuser,
immediately take all necessary actions to stop the abuse. Conversely, never make
a false report. |
| |
|
Statutory definitions
Domestic
abuse - civil restraining orders
Domestic
violence - criminal charges |
| |
|
BE AWARE THAT IF YOU OR YOUR
SPOUSE DIAL 911
Law enforcement will come
even if you never speak (911 traps all phone numbers)
One or both of you will
likely be charged with a crime per state policy
Police will arrest regardless
of your desires or your spouse's desires
If arrested, the person will
be held in jail overnight without bond until he or she can be advised by the
court
Once a person initiates the
police contact and charges are filed, the alleged victim no longer has the
ability to withdraw criminal proceedings
The DA Office has a no drop
charge policy - jury trial is likely the only alternative
Significant expense will be
incurred in defense of a criminal case
|
| |
|
BE AWARE OF THE FOLLOWING
You will be charged in a
domestic violence criminal case if:
a. You block your
spouse's path of exit or movement (frequently standing in a doorway or
in front of your spouse) this is called ingress or egress
b. You shove or touch
your spouse in anger
c. You throw items in
anger or break property (even your own property)
d. You threaten your
spouse
e. You argue with your
spouse and swear
f. You repeatedly insult,
taunt, or challenge your spouse or communicate using offensively coarse
language a manner likely to provoke a violent or disorderly response (in
other words, your argue vehemently)
g. You are ordered not to
contact your spouse and you later do (even a phone call to see if he or
she is ok)
h. Without consent, you
listen in on your spouse's conversations or tape record your spouse's
conversations (felony punishable in the state penitentiary)
i. You hang up the phone
or pull the cord from the wall when your spouse is attempting to place a
call
Prosecutors will attempt to
introduce prior transactions (domestic abuse incidents) in criminal trials -
when deciding guilt, do you want a jury to hear this?
No physical injury or
evidence other than your spouse's statement is required
Firearm ownership or
possession becomes a thing of the past. With a domestic violence conviction
or a domestic abuse restraining order, attempting to purchase a firearm is a
federal felony. If firearms are required for employment, say good-bye.
Domestic violence criminal
charges and injunctions are very serious |
| |
|
Refer to the below links for
information regarding civil domestic abuse or criminal domestic violence
proceedings.
a.
Civil
Domestic Abuse Restraining Orders and Emergency Protective Orders
b.
Domestic
Violence Information - information pertaining to defense of domestic
violence charges
Domestic Violence Criminal
Charges - frequently charged domestic violence
crimes
Domestic
Violence Sentencing Summary
c. Violation of a
restraining order can be enforced by
1. Criminal charges
a.
violation
of restraining order - information regarding the criminal
charge
b.
domestic violence
information - information regarding prosecution
c.
domestic
violence sentencing summary - information regarding sentencing
class M-2 or M-1 domestic violence offense
2.
Contempt of court
- information regarding civil proceedings for contempt of court |
| |
|
Spying on the
spouse or significant other. Factual basis for
felony
stalking or
domestic
abuse restraining order is not limited to physical acts. Electronic bugging devices or
tracking devices (GPS) will support a felony criminal prosecution or restraining
order. |
|
|
|
Refer to
People v. Sullivan, 53 P.3d 1181 (Colo.App.
2002)
felony stalking conviction upheld for electronic GPS device on
wife's car with downloadable chip |
|
|
In the context of
felony stalking,
(whether or not an intimate relationship, breakup,
dissolution
of marriage,
separation,
paternity allegation or
domestic abuse restraining order litigation), the
Sullivan rationale may likely extend to
surreptitious installation and monitoring of a computer program which
repeatedly reports computer usage or internet activity to another.
(computer spyware tracking programs installed without the user's knowledge
or consent). Publishing attorney has not had occasion to defend a
computer spyware felony stalking case, nor is he aware of any
specific case in which such criminal charges have been initiated.
Although
Sullivan may be a harbinger, current
statutory language does not specifically identify surreptitious spyware
installation or monitoring as prohibited conduct, and may not be sufficient
to support a felony stalking conviction. Additional legal research would be
required for a more definitive opinion regarding defense of this issue. |
|
Web beacons, aka web bugs, have become standard practice in many
commercial websites, including reputable companies. Web bugs are
installed surreptitiously without the user's knowledge or consent and
without benefit of court order - court scrutiny. Web bugs may
track computer usage or internet activity. Commercial software is
available to block or find and delete web bugs which are considered by
many in the computer industry to be spyware.
|
|
An attorney naturally queries the difference between tracking spyware
surreptitiously installed by a commercial enterprise and tracking
spyware surreptitiously installed to track computer or internet activity
of someone with whom the installing person (alleged stalker) has had a
continuing relationship. Put another way, is the enabling language
of
CRS
18-9-111(4)(a)
sufficient to withstand a constitutional equal protection challenge? |
|
|
Generally speaking, the
maxim applies which William Shakespeare set forth in Merchant of Venice:
"truth will come to light... at the length truth
will out" which has come to be known as:
"over time, the truth will out"
Be patient, not a criminal law case of
first impression or test case like
Sullivan.
If there is a need to quickly determine facts, hire a reputable
private
investigator. |
|
| |
|
Destruction of joint
or marital property may result in
criminal mischief
charges. |
|
Refer to
People v. Sullivan, 53 P.3d
1181 (Colo.App. 2002)
arson conviction upheld for burning wife’s
marital property clothing |
|
|
Prior to and during
litigation proceedings, be respectful of joint property or marital
property.
This would be particularly applicable regarding
that claimed by your spouse to be his or her property. |
|
| |
|
Domestic abuse retraining order. If facts support a
criminal conviction, facts will support a domestic abuse restraining
order. |
| |
|
Abuse can occur in any
gender, race, social or economic background. |
| |
|
Child Abuse. By law, child abuse
reported to medical, therapy, social work or school professionals must be
reported by them to DHS or law enforcement. Based upon the statutory attorney-client
privilege, an attorney may not disclose
abuse without the client's your consent. |
| |
|
Child abuse or domestic abuse will not be tolerated by the courts. By law prior criminal charges, abuse injunctive
proceedings and child abuse dependency and neglect proceedings must be
disclosed in writing to the judge at the time of filing the divorce. The DHS maintains a statewide
identification central registry of all reported child abuse. The Colorado
Bureau of Investigation (CBI) maintains a statewide central registry
identifying domestic abusers (civil injunctions and criminal charges).
These records have major impact upon a
person's future. Injury or criminal charges may result from actions. Use reason, logic and self-control when
separating - not emotional reaction. |
|
|
It
is advisable for everyone who undergoes breakup of a marriage or other
significant relationship to attend a recovery workshop. Attendance
may likely assist you with grief and recovery. Call for details on class
dates and times. I understand
recovery workshops are also offered by the Catholic Church and Lutheran
Church. Others likely exist which are not listed here. To my understanding, classes are free or inexpensive and
the major focus is upon healing grief, not religion. All it takes is one night a week for about 8 weeks.
Who
knows, even if initially you don't think it is worthwhile, you may learn
something.
Alcoholism or drug addiction can occur at any age, socio-economic background,
race or religion. Think it can't happen to you or a loved one? - think again. As with other
illnesses, dependency doesn't care who are, what you are, how old you are, or
where you come from. If client, loved one or opposing parent has an alcohol or drug problem, he /
she should also
immediately commence attending at least 1 AA
or NA meeting per week. Address the problem and get it under control before it has a chance to destroy
the quality of life. Support is available.
|
|
|
INDEPENDENT SERVICE PROVIDERS |
 |
|
|
| |
|
Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
| |
|
If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
| |
|
|
DISSOLUTION OF MARRIAGE
DO I NEED AN
ATTORNEY? |
|
|
|
|
Do I need an attorney?
|
Probably time to loosen the
pocket book and hire a family law attorney.
Other than short term marriage - no assets
and no kids, family law matters frequently have long term consequences and
can have significant impact upon children as well as finances.
You may retain my services or the services of another attorney, but hire
competent counsel.
|
| |
|
|
Client Ambivalence |
It is normal for persons
contemplating dissolution of marriage to vacillate between wanting to
revive the marriage and to make a permanent separation.
An attorney's job is to prepare & file
pleadings, then pursue the lawsuit to final orders which end the marriage.
A lawyer is not a marriage counselor.
Please make the
determination to file for dissolution of marriage and see the case through
to final orders before calling. Additionally, while the attorney will assist in
assessing the viability of client's goals, before contacting an attorney
each prospective client should have a basic plan - a common sense or
realistic "wish list."
|
| |
|
Promissory
Note |
Promissory
Note - evidence debt to family or friends - financial assistance
1 Page - Approximate Size 16 KB
- no password - access unrestricted |
|
ADOBE FREE
DOWNLOAD |
|
Document
Checklist |
A quick checklist of documents
and information to gather for your litigation
5 Pages - Approximate Size 40 KB
- no password - access unrestricted
|
|
ADOBE FREE
DOWNLOAD |
|
Retainer
Data Form |
Retainer
data
sheet - all cases - information to prepare a retainer agreement
1 Page - Approximate Size 29 KB
- no password - access unrestricted
with a call, this information
may also be provided by phone |
|
ADOBE FREE
DOWNLOAD |
|
Fact
Sheet - General |
Fact
sheet - all cases - facts relevant to the
client's case
56 Pages - Approximate Size 225
KB
- access restricted by password |
|
ADOBE FREE
DOWNLOAD |
|
Fact
Sheet - Children
|
Fact
sheet - children - facts relevant to the
client's case with children
26 Pages - Approximate Size 82 KB
- access restricted by password |
|
ADOBE FREE
DOWNLOAD |
|
|
Refer to
Document Management regarding format of documents provided
to attorney.
This could save you significant costs. |
|
|
|
|
|
|
|
FAMILY LAW PRACTICALITIES
GENERAL CONSIDERATIONS
- DISSOLUTION OF MARRIAGE |
|
|
|
| |
|
Attorney was a single parent who raised his daughter alone from infancy through
emancipation. I
walked the mile at 3 a.m. and am familiar
with single parenting issues from tender years to adulthood, as well as the cost
of raising a child. It is
irrelevant whether an attorney's client is husband or wife, petitioner or
respondent. I am most willing to assist with a
just and fair resolution and termination of your marriage. However, I will
not provide representation in legal proceedings where the client's goal is to
punish the spouse as a vendetta.
Family law cases should commence seeking the ballpark of
reason - otherwise known as a win-win solution as best as can be achieved under
the circumstances. Although that should be the first step, sometimes it is not possible. If the opposing party is
unreasonable or litigation is otherwise required, then
it's time to litigate. That means case preparation - both factual and
legal
research to effectively present the client's case to the court. The
magistrate's or judge's polestars will be the best interest of the children and
fundamental fairness under the facts and circumstances. Mere lip service
to these principles is not sufficient, but reasonable or legitimate requests for
relief are likely to be granted in court orders.
Fees and costs are not billed until incurred, however in the event client
and spouse
reconcile, earned fees and expended costs will not be
refunded. Client should be certain he * she actually desires a dissolution of marriage
or legal separation before commencing litigation. Client should be certain he * she actually desires to
terminate the marriage before commencing litigation.
To a large degree, the conduct of
client and spouse and the ability or
inability to agree will determine the final amount of fees and costs. No two
cases are the same. Resolving emotions in counseling or elsewhere and
removing emotions from litigation will significantly reduce legal expenses.
In family law cases it is common for
the client to provide numerous and perhaps voluminous documents to attorney during representation.
Please refer to
Document Management
regarding organization and format of documents which client provides to
attorney This will save
the client money in attorney fees and costs.
The more complex the case or as justiciable issues increase,
fees
and
costs
increase. This is a reality no matter which attorney a prospective client
hires. You are welcome to review
Alternatives
to Private Counsel - Other Options and visit with any number of
attorneys. In family law matters, it is especially important that the
client be comfortable from the outset with the attorney he or she retains and
understand the attorney's
billing
structure. |
|
|
|
ATTORNEY'S FEES
AND COSTS
DISSOLUTION OF
MARRIAGE
Robert D.
Gustafson * Attorney at Law *
Colorado Springs Family Law
Practice 30+ Years |
|
TRUST DEPOSIT TO
RETAIN ATTORNEY:
$4,500 |
|
HOURLY FEE RATE |
POTENTIAL COSTS |
|
|
|
|
|
|
|
| |
|
Due to the nature of this
legal matter, attorney offers only an
hourly attorney fee structure;
attorney flat fees will not be offered. Time expended determines
fees. Litigation costs (out of pocket expenses) are not included in
attorney fees - client's responsibility. At the time of the first
visit, a prospective client will be quoted an initial trust deposit to
retain which will be honored for a period of seven (7) days, after which
quotes are subject to change without notice if this office has not been
retained. Attorney is a sole practitioner with need to manage his
caseload. Pending proposed client acceptance and payment, retainer
agreement proposals are subject to withdrawal. Attorney reserves the
right to decline any case. Refer to: a)
first consultation b)
attorney fees * costs * billings page
c) additional information. |
| |
|
|
|
attorney does not accept
installment payments * full payment is
due at the time attorney is retained *
major charge cards accepted |
|
|
|
|
trust deposit
overage - refunded at case conclusion
**
undercapitalization - immediate trust deposit required |
counsel does not start a
family law case with a lower trust
deposit regardless of client's statements re easy settlement vs. court
fight
adequate funding initially required ** parties determine
hourly billing & expenses based upon issues presented as the case
progresses |
|
| Attorney Fees and
Costs Regarding Related Matters |
|
|
|
|
|
litigation costs are client's responsibility
**
professional services or expert witnesses will significantly effect
expenditures
additional cost deposit may be requested as case
preparation proceeds & anticipated litigation expenses solidify |
|
|
|
filing fees and court costs change with regularity **
courts & government change website locations with regularity ** §§
may be obsolete.
refer to judicial
site fees & costs link - even that link may become obsolete quickly |
|
Court Filing
Fees (parenting class difference) |
With Children |
Without Children |
| Petitioner - Dissolution of
Marriage |
$234.00 |
$194.00 |
| Petitioner - Legal Separation |
$229.00 |
$189.00 |
| Respondent -
either dissolution of marriage or legal separation |
$ 80.00 |
$ 80.00 |
| Registration of Foreign Decree -
Divorce or Custody |
$151.00 |
$151.00 |
| Petition for Allocation of
Parental Responsibilities |
$186.00 + $40 Class = $226.00 |
$ 80.00 |
| Intervenor |
Third Party Filing |
$145.00 |
| Motion to
Modify - 60 days or more after initial order |
$ 95.00 |
$ 95.00 |
| Motion to
Convert Legal Separation to Dissolution of Marriage |
$100.00 |
$100.00 |
| ADR - Alternate Dispute
Resolution -
Mediation
(fee per party) |
$100.00 minimum |
$100.00 minimum |
| Birth Certificate |
|
|
|
paternity
disputed - husband not the father |
|
|
|
Colorado |
$ 35.00 |
|
|
Other states |
each set their own fees |
|
|
Background Search
- cost per
parent search |
Price |
Price |
| DMV
Out of
State Driving Record - per parent search |
Varies |
Varies |
|
Court records search
& copy costs (actual may be more or less) |
$ 10.00 |
$ 10.00 |
| Copy expense at
courthouse - files (estimate - may vary) |
$ 10.00 |
$ 10.00 |
| Final decree & support order
certified copies at
courthouse - cost per certification |
$ 20.00 each |
$ 20.00 each |
| On-line
legal
research - depends upon research issues |
Varies |
Varies |
Private Investigator
initial retainer -
variable - missing birth parent |
$______ |
$______ |
Process service
expense -
depends upon location of birth parent |
$______ |
$______ |
Travel
time and expenses
if case outside Colorado
Springs |
Rates |
Rates |
|
|
CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
|
litigation costs
fluctuate - above may be obsolete
- fees & costs assessed by courts or third party
providers are not within attorney control |
|
|
PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
|
|
|
|
link to Colorado
Judicial Branch website
current costs
information published by state |
|
|
| |
|
|
|
|
Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
|
trust
deposit for anticipated fees & costs is due when
retained |
|
attorney does not accept installment payments |
|
|
|
|
|
regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
|
|
|
MAJOR
CREDIT CARDS ACCEPTED |
|
|
|
|
|
|
INITIAL
DISSOLUTION OF MARRIAGE CONSIDERATIONS |
|
Fees and costs are not billed until incurred, however in the event client
and spouse
reconcile, earned fees and expended costs will not be
refunded. Client should be certain he * she actually desires a dissolution of marriage
or legal separation before commencing litigation. |
|
To a large degree, the conduct of
client and spouse and the ability or
inability to agree will determine the final amount of fees and costs. No two
cases are the same. Resolving emotions in counseling or elsewhere and
removing emotions from litigation will significantly reduce legal expenses.
|
|
In family law cases it is common
for the client to provide numerous and perhaps voluminous documents to
attorney during representation. Please refer to
Document Management
regarding
organization and format of documents which client provides to
attorney.
This will save
the client money in attorney fees and costs. |
|
| |
|
| |
| ************************* |
************************* |
************************* |
|
|
|
|
|
ATTORNEY'S FEES
AND COSTS
DISSOLUTION POST DECREE
**
ENFORCEMENT
Robert D.
Gustafson * Attorney at Law *
Colorado Springs Family Law
Practice 30+ Years |
HOURLY FEE RATE
|
TRUST
DEPOSIT TO RETAIN ATTORNEY
to be
determined after
consultation |
SUPPORT ENFORCEMENT |
|
|
|
|
|
|
|
After consultation and prior
to commencement of representation, the attorney will quote the amount requested
as a trust deposit against which attorney's fees and costs may be billed.
The requested trust deposit will be dependent upon the facts and circumstances
of your post decree case. Attorney does not offer contingency (percentage)
fees regarding support enforcement. Because post decree enforcement can cover such a
wide range of issues, it is not possible to provide a blind common
trust
deposit request. That could only be quoted after consultation.
Initial trust deposit for support enforcement or property / debt
enforcement can be estimated. Refer to support enforcement and
support enforcement fees / costs links above. |
|
Costs:
refer above;
costs are dependent upon relief sought - additional costs may be incurred
and others will be irrelevant |
trust deposit overage -
refunded at case conclusion
** undercapitalization - immediate
trust deposit required
litigation costs are client's responsibility **
professional services or expert witnesses will significantly effect
expenditures |
|
DISSOLUTION OF
MARRIAGE POST DECREE
ENFORCEMENT CONSIDERATIONS |
|
Fees and costs are not billed until incurred, however in the event
of dismissal by client or the ex-spouse, earned fees and expended costs will not be
refunded. Bear in mind, when one parent opens the Pandora's Box of
enforcement, other
issues will also likely become subject to litigation. Adage - the best
defense is a good offense. Client should be certain he / she actually desires
to enforce before commencing post decree litigation. |
|
To a large degree, the conduct of
client & ex-spouse and the ability or
inability to agree will determine the final amount of fees and costs. No two
cases are the same. Resolving emotions in counseling or elsewhere and
removing emotions from litigation will significantly reduce legal expenses.
|
|
| |
| |
| ************************* |
************************* |
************************* |
|
|
|
|
|
ATTORNEY'S FEES
AND COSTS
DISSOLUTION POST DECREE
**
MODIFICATION
Robert D.
Gustafson * Attorney at Law *
Colorado Springs Family Law
Practice 30+ Years |
HOURLY FEE RATE
|
TRUST
DEPOSIT TO RETAIN ATTORNEY
to be
determined after
consultation |
|
|
|
|
|
|
After consultation and prior
to commencement of representation, the attorney will quote the amount requested
as a trust deposit against which attorney's fees and costs may be billed.
The requested trust deposit will be dependent upon the facts and circumstances
of your post decree case. Because post decree
modification can cover such a
wide range of issues, it is not possible to provide a blind common
trust
deposit request. That could only be quoted after consultation. |
|
Costs:
refer above;
costs are dependent upon relief sought - additional costs may be incurred
and others will be irrelevant |
trust deposit overage -
refunded at case conclusion
** undercapitalization - immediate
trust deposit required
litigation costs are client's responsibility **
professional services or expert witnesses will significantly effect
expenditures |
|
DISSOLUTION OF
MARRIAGE POST DECREE
MODIFICATION CONSIDERATIONS |
|
Fees and costs are not billed until incurred, however in the event
of dismissal by client or the ex-spouse, earned fees and expended costs will not be
refunded. Bear in mind, when one party opens Pandora's Box, other
issues will also likely become subject to litigation. Client should be certain he / she actually desires a
modification
before commencing post decree litigation. |
|
To a large degree, the conduct of
client & ex-spouse and the ability or
inability to agree will determine the final amount of fees and costs. No two
cases are the same. Resolving emotions in counseling or elsewhere and
removing emotions from litigation will significantly reduce legal expenses.
|
|
| |
| |
| ************************* |
************************* |
************************* |
|
|
|
|
|
ATTORNEY'S FEES
AND COSTS
DOMESTIC ABUSE
**
CHILD ABUSE
**
RESTRAINING ORDERS
Robert D.
Gustafson * Attorney at Law *
Colorado Springs Family Law
Practice 30+ Years |
HOURLY FEE RATE
|
TRUST
DEPOSIT TO RETAIN ATTORNEY
to be
determined after
consultation |
CONSIDERATIONS
|
|
|
|
|
|
|
Motion for domestic abuse or child abuse restraining orders
may be filed in the dissolution of marriage action, or a separate
County Court injunction lawsuit
may be commenced.
If filed in the dissolution case, such restraining
orders statutorily must expire within a stated time after final decree of
dissolution of marriage. County Court
domestic
abuse restraining orders may be made permanent and may be sought
in an independent domestic abuse restraining orders civil action.
Either way, preparation time will be necessitated.
|
|
It takes less time to prepare a motion for restraining
orders in the dissolution of marriage action than to commence an
independent suit in County Court.
Hourly fees
will be billed in the dissolution case for restraining orders, or a
flat
fee is offered in a County Court civil case. However
the client proceeds, a
trust
deposit would be required to secure
anticipated attorney fees and
PRO case costs. Trust deposit
would be quoted during
consultation;
deposit
will be dependent upon the facts and circumstances of your issues and
relief sought. |
|
Costs:
refer above; costs are dependent upon relief sought - additional costs may be incurred
and others will be irrelevant |
trust deposit overage -
refunded at case conclusion
** undercapitalization - immediate
trust deposit required
litigation costs are client's responsibility **
professional services or expert witnesses will significantly effect
expenditures |
|
PRO CONSIDERATIONS |
|
Domestic abuse restraining order issues are non-negotiable.
Restraining order enters or it doesn't - contested hearing is
required. If the case involves allegations
of prior conviction or misconduct to be introduced by either party for a
collateral purpose, the attorney would need to know more about the facts and
circumstances before offering a hearing flat fee or quoting a trust deposit
request for anticipated costs. |
|
Fees and costs are not billed until incurred, however in the event
of dismissal by client or the spouse, earned fees & expended costs will not be
refunded. Bear in mind, when one party opens the restraining orders Pandora's Box,
it is likely demand will be made by the opposing spouse for entry of a
reciprocal restraining order against the moving party, and other
issues will also likely become subject to litigation. Adage: "the best
defense is a good offense" and gut deep negative emotion will likely be evoked. Client should be certain he / she actually desires
to travel this road before commencing domestic abuse restraining order
proceedings. |
| |
Domestic abuse restraining
orders have very serious, long term consequences well beyond the
restrictions contained in any protective order. |
| |
|
The restrained person will be added to the
CBI central registry as a spouse
abuser. If child abuse is found, the restrained person will be added
to the
DHS TRAILS child abuser database. |
| |
|
Background check examples: post secondary
educational program acceptance, employment, security clearance,
professional licensing
CRS
24-72-305.4, volunteering at a child's or grandchild's
school, daycare or social group activities such as boyscouts, girlscouts,
etc.
CRS
24-72-305.3, caregiver functions,
CRS
24-72-305.3, foreign travel visa, firearm possession or
ownership (gun collection, hunting or target practice)
Federal Brady Bill,
concealed weapon permit - this mentions only a few common possibilities. |
| |
|
Adoptions - step parent adoption, relative adoption or straight adoption -
mandatory background checks of DHS TRAILS and fingerprint based background
checks of CBI and FBI are required. |
| |
|
Every arrest with
jailhouse booking, and every
domestic violence
criminal case
court filing, and every
domestic abuse restraining order
civil case
court filing results in a report to
the
Colorado Bureau of Investigation CBI
Central Registry. Background check of this database can be conducted
by anyone at any time and records are not difficult to find. State
judicial records can be checked via
LexisNexis or
CoCourts
and
Denver Court. Municipal courts are
not yet on-line, but accessible to the public with a phone call or written
request under the Colorado Open Records Act - CRS 24-72-200.1, et. seq. or
the Colorado Criminal Justice Records Act - CRS 24-72-301, et. seq.
See also
Colorado driving records,
CBI records check database,
DHS Trails Check. This
doesn't being to touch government law enforcement records access via CBI
CCIC or FBI NCIC rap sheets. |
| |
|
Ultimately,
sealing civil court records will likely be quite important
to a restrained person or person against whom such domestic abuse
allegations were made. Refer to the sealing difficulties noted in
that webpage. If
domestic violence criminal charges
are relevant, refer to link and to
sealing criminal justice records. |
| |
|
Domestic abuse restraining
orders are indeed a "can of worms" or "Pandora's Box" and may turn upon
the person seeking protection if a reciprocal restraining order is sought
or granted. Intent is not to dissuade anyone from seeking
restraining order protection, but to provide a brief education in order
that a prospective client doesn't start something, then later say, "Oh, I
didn't realize, know or understand the seriousness and possible
consequences." |
|
|
|
|
When retained, counsel will not hesitate to seek or to defend a restraining
order matter. However, counsel will not seek a restraining order unless
justified by a factual basis - put another way, counsel will not participate in
a vendetta to needlessly harm a spouse or significant other, current or former
relationship. The collateral consequences are just too serious to engage
in emotionally based retribution where not factually warranted. |
|
| |
| |
| ************************* |
************************* |
|
|
Finally, cheer up.
You have a new life in front of you. 
Thank you for considering my
services; I appreciate your inquiry.
|
|
ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY |
| |
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
|
|
| |
Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
|
|
| |
|
|
|
|
|
Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
|
|
|
|
Southern Colorado Area |
|
If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
|
| COUNTIES |
CITIES / TOWNS |
|
El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
|
Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
|
Crowley County |
Ordway |
|
Custer County |
Westcliffe |
Metro Denver Area |
|
Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
|
Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
|
Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
|
Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
|
Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
|
Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
|
Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
|
Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
|
Pueblo County |
Pueblo |
|
|
Teller County |
Cripple Creek / Woodland Park |
|
|
|
|
|
|
|
|
|
thank you for visiting my
webpage
your interest in my services is appreciated |
Adobe Acrobat Reader version 5 or later is required
to view .pdf files 
Free Download |
|
| |
| please feel free
to call or email if you are a client or are seeking representation |
|
|
|
|
email counsel |
|
INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
|
|
| |
 |
|
PRIMARY WEBSITE |
|
|
|
| |
| GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
|
|
|
|
|
| |
|
| |
Topical Website Copyright © 2004 - All Rights
Reserved - Document Revised
November 06, 2011
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other
images
Topical Website Initial Publication Date: January 26, 2004-
Republication Date: May 24, 2006 |
| |
| |
|
Serving Colorado Springs
Area Zip Codes |
|
|
| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
|
80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
|
80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
|
| |
|
Colorado Springs, dissolution of marriage, Colorado Springs dissolution of marriage, dissolution of marriage Colorado Springs, Colorado dissolution of marriage, dissolution of marriage Colorado, Colorado, invalidity, declaration of invalidity, annulment, common law marriage, allocation of parental responsibilities, allocation, parental responsibilities, parental responsibility,
child, children, custody, child custody, parenting time, visitation, spousal maintenance, alimony, child support,
child support enforcement, spousal maintenance enforcement, alimony enforcement,
domestic violence, domestic abuse, restraining order, paternity, legal parentage, adoption, family law, Colorado state courts, lawyer,
attorney |
| |
|
|
 |
|
