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Is it Better to File Bankruptcy Before or After Divorce?

Adultery and financial problems are two leading causes of divorce, but for the purposes of this article, we’re going to focus on the latter and the issue of bankruptcy. As you can imagine, money problems often lead to divorce and ultimately bankruptcy. And because divorce and bankruptcy are often interconnected, we’re frequently asked, “Should I file bankruptcy or divorce first?” and “Does it matter?” Yes, the timing definitely matters but there isn’t a “one-size-fits-all” approach to...

2019 Changes to Spousal Maintenance Law

For decades, spousal maintenance (alimony) has been tax deductible for the paying spouse and counted as taxable income for the receiving spouse, but as of January 1, 2019, sweeping changes in the law took effect. Effective January 1, 2019, spousal maintenance in Colorado and all 50 states will no longer be tax deductible for the paying spouse, nor will the recipient spouse be taxed on it. Prior to January 1, 2019, the money paid to a former spouse under...

When Does Child Support End in Colorado?

When Does Child Support End in Colorado? Each state has enacted its own laws regarding child support – how much it is, how it ends, and when it can be modified. Generally, child support ends when a child reaches the age of 18, 19, or 21 (in New York) in the United States. While many states require that a noncustodial parent pay child support until their child turns 18 or graduates high school, in Colorado parents...

Cheating Spouses Leave Behind Digital Trails

Cheating spouses and criminals seem to have something in common…leaving behind evidence. “Students of human behavior have speculated that people take ridiculous chances or are extremely careless while committing crimes because, on some level, they actually wanted to get caught. Such thinking seems to stem from writings by Sigmund Freud, who wrote about an unconscious desire to get caught and punished,” Stanton E. Samenow, Ph.D. wrote in Psychology Today. Later in Mr. Samenow’s article, he concludes...

License Suspensions for Failure to Pay Child Support in CO

Do you hold a professional license? If you’re a real estate agent, an accountant, a doctor or nurse, a veterinarian, a teacher, a notary, or the possessor of another professional or license, you may not know it but your livelihood may be at risk if you fall behind on your child support payments. You see, all 50 states have enacted laws that cancel, revoke or suspend the licenses of non-custodial parents who fail to pay child...

Should I Divorce After the Holidays?

Each year between the months of October and December, our clients ask us, “Should I wait to divorce until after the holidays?” The answer, “It depends on your circumstances.” Is domestic violence an issue? Is one spouse verbally abusive and controlling? Is one spouse currently having an affair? Are there minor children involved? In the absence of domestic violence, it’s not uncommon for couples with children in the home to hold off on their divorce until after the...

What You Must Know About Establishing Paternity in Colorado

To “establish paternity” means to determine who the legal father of a child is. When a child is born to married parents, the law automatically assumes that the mother’s husband is the child’s legal father. But when a child is born to unmarried parents, paternity will need to be established in order for the court to issue an order for child support and, for the father to invoke his parental rights (child custody and visitation). Without...

Domestic Violence Restraining Orders in Denver

Are you a victim of spousal abuse or is your husband or wife abusing your children? If your spouse is threatening imminent bodily harm upon you or your children, or if he or she has physically abused a member of your family (including you), you could be a victim of domestic violence. Domestic violence refers to verbal abuse, sexual abuse, or physical abuse committed by one family or household member against another member of the family...

Rights of Stay-At-Home Parents in Divorce

In the face of divorce, stay-at-home moms and dads face unique challenges. Usually, they have been financially dependent on their breadwinner spouse and they may not have any income sources of their own. So, an impending divorce can cause them to wonder, “Will my spouse get the kids because I’m unemployed? Is alimony (spousal maintenance) guaranteed since I’ve been out of work?” Whether you’ve been a stay-at-home parent or if you’re unemployed at the moment, you...

Can I Stop Paying Child Support if I Can’t See My Kids?

Unfortunately, this happens more than child custody attorneys would like to admit: The mother and father aren’t getting along or the mother is bitter so she won’t let the father see his children. Sometimes, mothers will go to great lengths to ensure their exes won’t see their kids. For example, a mother may take her children away for the day, or she may take them out of town on the father’s weekend. When mothers hide their children...

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