Have a Question?

Visit our Q&A page and Get Answers.

303-534-4888

44 Cook Street, Suite 100

Denver, CO 80206

Q&A Archives

Questions

Paternity Tests and Birth Certificates

Paternity Tests and Birth Certificates

I have had full parenting rights of my now seven year old daughter since she was 2. Her mother has not seen her since and is now in prison til 2016. She told me she wasn’t mine before I got custody but a paternity test was never done and the possibility does exist. I’m worried that when released from prison she will file for test. What are my rights as far as custody or adoption go if proven she is not my daughter. I am listed as the father on her birth certificate

Good question. If it turns out that you are not the biological father, you would still have rights under Colorado law to file for an allocation of parental responsibilities since you have been the psychological parent.

Child Support and Retirement Pension Plans

Child Support and Retirement Pension Plans

I was granted total custody of my 2 boys at their ages 12 & 8. They are now 22 (married) and 19 (in college that I am paying for myself) my ex wife was ordered to pay $200 a month from the beginning and never paid. Now I am going to retire and I am ordered to pay her $800 a month from my pension. I have taken her back to court and spent a lot of money doing so for teh child support but she still has never paid. Do I still owe her from my pension since she is in arrearage?

Unfortunately, she is still entitled to her share of your pension. You cannot simply offset what she owes you unless you have a court order allowing you to do so. However, your pension should have been divided pursuant to a QDRO, in which case, your x-wife would receive her share directly from the pension plan itself.

Child Support Wage Garnishment

Child Support Wage Garnishment

My ex-wife is to pay child support in only the amount of $118.00 a month and is behind six months. I ask for her payments and she doesn’t have it. Should I garnish her wages as she doesn’t own any property or assets? This is real hard on our son at the age of 14 and me being a single parent with only one income.

Absolutely garnish her wages. You will need to do a wage assignment and serve it on your ex-wife’s employer. You can either have the payment come directly to you or set up an account through the Family Support Registry (“FSR”). If you choose FSR, the payment will come to them, and they will send it to you. The advantage is that FSR keeps a payment record, so you will always know how much your ex-wife has paid. This makes it much easier to file for a judgment or contempt action if you need to do so.

The Importance of Prenuptial Agreements

The Importance of Prenuptial Agreements

Do I need a prenuptial agreement?

If you have substantial premarital assets, have children from a prior relationship,
intend to receive a substantial inheritance, or make a large income, and don’t want to
have to share it all with your spouse if you divorce, you definitely need a prenuptial
agreement.

Everything that you bring into a marriage is your separate property. However, if those
assets appreciate during the marriage, your spouse is entitled to a share of that
appreciation. Similarly, all gifts and inheritances received during a marriage are
considered separate property. However the appreciation is considered marital and
subject to division.

If you want to protect the inheritance rights of your children from a prior
relationship, or want to limit the amount of maintenance or property your spouse
receives in a divorce, you can limit your exposure by signing a prenuptial
agreement.

Legal Separation vs. Divorce

Legal Separation vs. Divorce

What is the difference between a legal separation and a divorce.

Legal Separation and Divorce follow the exact same process, and resolve the same issues including custody, visitation, property division, maintenance and child support, but a decree of legal separation results in the partners still being married rather than divorced. Some reasons why people choose to remain legally separated rather than divorced include religious opposition to divorce, retention of health insurance coverage, and indecision as to whether or not they want to actually terminate the marriage but want to protect themselves in the meantime.

If you choose to file for legal separation, once a decree of legal separation is issued, you must wait 6 months prior to converting it to a decree of dissolution of marriage.