24 October

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Parenting Time Motions: Three Types of Modifications

What happens when the schedule you currently have no longer works for your kids? In that situation, you may need a modification of parenting time. Here are three common types of modifications: Motion to Modify Parenting Time – this is a very common motion, which allows you to request that the Court modify parenting time to something different than what you are currently exercising. You may want a substantial increase in your parenting time, or you may just want to move around a few days here and there. Either way, you will need to file a Motion to Modify Parenting...

23 October

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Day Care Expenses: Three Things to Know

Posted by Laura Kendrick

in Child Support

Day care can be a huge monthly expense, and can be one of many reasons to modify child support. Chances are, if your child or children are in day care, this monthly expense likely doubles or triples what you pay for your car, and can even be close to what you pay in rent or a mortgage. Luckily, Colorado Revised Statute 14-10-115 allows for an adjustment in child support for day care expenses. As a result, it is imperative that these expenses are accurately calculated and included on a child support worksheet. Here are three things to know about day care...

23 October

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Child Support Modifications – Five Reasons to Modify

Posted by Laura Kendrick

in Child Support

Throughout your children’s lives, various changes will occur that can give rise to a child support modification. Colorado Revised Statute 14-10-122 states that child support can be modified based on a continuing and substantial change in circumstances. Here are five typical situations that may qualify as a continuing and substantial change in circumstances: Change in Income – this is probably the most typical reason parties modify child support, as fluctuations in income occur frequently. If you are the party paying support, a decrease in your income can result in panic over whether or not you can meet your obligation. If...

19 October

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QDRO: Four Steps to Completing the Process

Posted by Laura Kendrick

in Divorce

As part of the property division in your divorce, you may have agreed to divide one or more of your retirement accounts. This means that you will likely have to pay for the drafting and filing of a QDRO, or a Qualified Domestic Relations Order. This is done in four steps: Drafting – if you don’t have a lawyer, you will need to arrange for this document to be drafted. If you do have a lawyer, your lawyer will likely have an expert take care of the drafting of the QDRO. You may be required to gather basic information about your...

19 October

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Two Main Challenges to a Refinance in a Divorce

Posted by Laura Kendrick

in Divorce

If you have a home and you’re going through a divorce, either you or your spouse will likely need to refinance your home. But there are practical barriers that may make it more difficult to refinance than you think. Here are two main challenges to refinancing in a divorce: You Don’t Qualify – this is the biggest issue. To qualify for a refinance, you need a healthy income to debt ratio. But if you’re a stay at home parent that has been out of the work force, or a parent that is trying to refinance while still keeping up with...

18 October

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Three Things to Know About Property Division

Posted by Laura Kendrick

in Divorce

Reaching an equitable property division can be a difficult and stressful process. What may seem like a simple 50/50 split may turn out to be difficult to implement. Here are three things to know when thinking about property division: Separate Property – if you’re going through a divorce, you’re probably feeling like you aren’t interested in being generous with your soon to be ex-spouse as far as property is concerned. Depending on how and when your property was acquired you may be able to keep some of your property separate. This means that it would be off the table when...

18 October

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Live in Colorado Springs? Hire a Divorce Lawyer in Denver

Posted by Laura Kendrick

in Divorce

If you live in Colorado Springs, for obvious reasons your initial thoughts will be to hire a lawyer from Colorado Springs to handle your divorce, child support or custody matter. But you may need to look outside of your zip code to get the results that you want from your divorce lawyer, regardless of whether you're a servicemember or civilian. Colorado Springs is a small community, and divorce lawyers aren’t always interested in getting aggressive if they know they’ll be seeing the Judge or opposing counsel at close community functions. As a result, you may end up settling for an amount...

16 October

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Divorce Lawyer for Servicemembers

Posted by Laura Kendrick

in Divorce

If you’re in the military, special care and experience is needed from your divorce lawyer when handling your case. Here are a few things to think about when hiring a divorce lawyer to handle issues associated with you or your spouse’s military service: Pensions - Most divorce lawyers will encounter private pensions in their career, but military pensions require specific methods of valuation and division. In most cases, an expert should be hired to value your pension, and survivor benefits will also need to be taken into consideration. Colorado case law dictates various different methods for dividing a military pension,...

15 October

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Obtaining a Restraining Order or Protection Order

Posted by Laura Kendrick

in Protection Order

For whatever reason, you may find yourself in need of a Protection Order or Restraining Order to keep someone away from you, and/or your children, home, work, etc. While it is fairly easy to obtain a Temporary Protection Order/Restraining Order, making this Order permanent often calls for an evidentiary hearing. Here are three steps to obtaining a Protection Order/Restraining Order in Colorado: File a Motion – you must file a Motion, and likely appear in front of a Judge, to formally make your allegations and give the Court a reason that you need protection. If you hire a lawyer, the...

15 October

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Thinking about divorce? Three things NOT to do.

Posted by Laura Kendrick

in Divorce

Many couples spend months, if not years, being in an unhappy marriage before they decide to file for divorce. During this time, it’s not uncommon to develop bad habits that may ultimately hurt you when it comes time for a lawyer to review every aspect of your life. Here are three things NOT to do in the time frame leading up to filing your divorce: Hide money – this is a big mistake. In Colorado, you are required to disclose all assets during a divorce. So, if you have a bank account with money that your spouse doesn’t know about,...

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