Spousal Maintenance in Colorado

What Factors Determine the Amount and for How Long Spousal Maintenance is Paid? There is a great deal of confusion when it comes to spousal maintenance payments in divorce. Popular culture has led people to believe that spousal maintenance, sometimes called support or alimony, can be used as a punitive tool, but this is not the case. Colorado courts award maintenance payments based solely on need, so there is no...
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2716 Hits

Colorado Supreme Court Decision in favor of MLS client

The Colorado Supreme Court issued a published opinion on February 9, 2015 on the Economic Loss Rule establishing new case law that commercial parties, including banking entities, must follow contracts in a construction project to enforce the parties expectations.  In this case, the Trial Court and the Colorado Court of Appeals had allowed banking entities to bring a third party claim against the design professionals who did not have a...
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1724 Hits

What Do I Need to Know about Child Support and whether Child Support can be Terminated in Colorado?

Decisions regarding child support, including when the obligation to pay can be terminated are found in C.R.S. § 14-10-115. In addition to a parent’s income, factors considered by the Court in determining the appropriate child support order include the cost of child care, the child’s share of the health insurance costs, medical expenses, and various other expenses. The law can seem quite complicated to those who are not yet familiar...
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2934 Hits

What Does a Civil Protection Order Offer in Colorado?

A civil protection order – sometimes known as a restraining order – is a court order that requires one party (the defendant) to remain a certain distance from the person requesting the order. It provides protection to the filing person, provided he or she can prove there is a risk to their safety based on the intentions and/or behaviors of the defendant. Civil protection orders list the locations that the...
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1690 Hits

What Role Does “Best Interest of the Child” Play in Colorado Custody Cases?

In all cases, courts make decisions about parental decision-making and parenting time based on the best interest of the child, but what does that really mean? First and foremost, Colorado courts make every effort to ensure that a child gets time with both parents, provided that this can be done safely for the child. The goal is for parents share the rights and responsibilities associated with the child’s care jointly,...
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2217 Hits

Is it Possible to Modify a Parenting Time Agreement?

Creating a parenting plan that determines when a child spends time with each parent is one of the most important aspects of a divorce . It can also be one of the most challenging because it requires working within the schedules of each parent, as well as the child(ren). The busier a family is, the tougher it is to create a parenting time arrangement that works for everyone. Complicating matters...
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1810 Hits

Can a Parent Be Ordered to Attend Classes or Participate in Parental Education Programs?

The short answer to this question is, “Yes, parents can be ordered by the Colorado court system to attend parental education classes.” In fact, most counties require parties with children to attend a parenting class before the case can conclude. The goal of participation in these programs is to educate parents about children sharing their time between two parents’ homes and the impact this has on both parents and children....
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1831 Hits

What are the Requirements for Divorce in Colorado?

Filing for divorce in Colorado is similar to filing in other states. Most states have specific requirements for filing regarding where the person lives, the length of time he or she has lived there, and his or her reasons for wanting a divorce. What qualifications must you meet to be eligible for divorce in Colorado? In order to be eligible to file for divorce in Colorado, one or both spouses...
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1806 Hits

Creating a Parenting Plan in Colorado

A parenting plan is a legal document used to guide unmarried anddivorced parents in decision-making, parenting time, and managing various childcare issues. Parenting plans in Colorado include, at a minimum: Agreement between the parties regarding parental responsibilities (decision-making); Basic schedule that reflects when the child(ren) will spend time with each parent on a regular and ongoing basis; Parenting time schedule for holidays and vacations; Plan for resolving any potential disputes,...
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1899 Hits

The Rule against Perpetuities - Tips for the RAP Trap by Frederick B. Skillern

Fred Skillern gave a lighthearted talk for transactional lawyers at the Colorado Business Law Institute, " The Rule against Perpetuities - Tips for the Rap Trap " The talk provided tips and useful information about the Rule Against Perpetuities in Colorado. The overall purpose of the talk was to make sense of the Rule Against Perpetuities and to give a road map for avoiding the RAP trap with reference to the...
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1808 Hits