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Denver Family Law Blog

Inheritances: Not always community property in Colorado

When you decide to get a divorce, something that may be on your mind is an inheritance. For instance, imagine a situation where a parent or loved one passed away and left you money or assets. Does your soon-to-be-ex wife or husband deserve to have part of that inheritance? If your spouse wasn't mentioned, does that mean he or she wasn't meant to receive this gift?

Normally, according to law, inheritances aren't subject to equitable distribution requirements. This is because an inheritance isn't considered marital property. Inheritances are seen as belonging to the person they were given to; it's separate property that doesn't have to be divided in a divorce.

How the 2014 changes to alimony in Colorado affect payments

As of the first of January in 2014, new laws in Colorado changed the outlook for alimony for divorcing couples. That means that old laws from before 2013 may no longer apply, leaving you open to make changes in your alimony in some cases. The new state law was part of a national alimony reform movement, which was aimed at limiting or standardizing the payments made for spousal maintenance.

Why is this important? Before this law went into effect, there were few ways to limit the amount of time or money someone would have to pay in spousal support in Colorado. A lack of consistency in the payments has lead to several states changing their alimony laws over the last few years. Among those states includes Maine, Texas, Pennsylvania, New Jersey and Oklahoma.

Child support concerns in Colorado lead to initiative

As a parent, the last thing you want to think about is not being able to provide for your child after you've struggled to get child custody in your divorce. In some cases in Colorado, the ability of some parents to support their children could be strained. Why? A recent report from Jan. 3 has said that one-third of the child support meant to be paid has not been paid at all.

Statistics show that the lack of payment shows close to 32,000 parents failing to support over 39,000 children. Overall, the failure to pay costs these children around $10 million each month. The acting director of the state's Division of Child Support Services claims that the money would be enough to pull thousands of those children out of poverty.

Your divorce and assets in Colorado: Defend your rights

When you decide to move forward with a divorce from your spouse, you may be worried about your assets and what will happen if he or she wants what you have earned yourself. If you didn't have a pre- or postnuptial agreement, you may not know how this divorce will play out; you could be at risk of losing more than you are willing to part with. In Colorado, large asset properties and division matters can be extensive, but everything should be split in a way that is fair and equitable. If that isn't happening, then you may want to work with someone who can better defend your side of the case.

Marital property is the only property that should be split evenly during the divorce process. This includes all items that were acquired during your marriage. Of course, there's always the chance that something you brought into the marriage could be called marital property, and that's when a dispute can take place.

How is a business' value assessed in Colorado?

Business valuation is a process by which a business is evaluated for its value. There are a few ways to complete this procedure and to determine how much a business is worth. While valuing a business may seem easy, it does take time and preparation to consider how much its value is over time along with the potential for growth.

There is no one method that works best for determining the exact value of a business, because it's near impossible to do so. The value can be based on several factors from the connection to the community or by its historic income; because of this, the term value won't always mean the same thing to those looking to buy. Additionally, if the economy is poor, then it's a good time for buyers to purchase businesses. That means businesses can charge more to enter the market and be valued higher.

Shared parenting in Colorado: Good for your children?

As a parent who has gone through a divorce, the last thing you may want to do is to see your ex. While that's often your choice, it's important to consider the impact that could have on your child. This is especially true now that a study has revealed the added benefit of shared parenting on children who are in divorced or separated families.

The study that focused on shared parenting has shown that shared parenting after a separation is beneficial for children as they age. A Dec. 18 report describes how shared parenting should be the norm in the United States; in fact, 110 child development experts have signed a paper published by the American Psychological Association that concludes that exact fact. It's been shown that shared parenting is good for developing children's well-being, even in cases where children have high-conflict parents.

Colorado grandparents want custody: Children in dual-state battle

Grandparents also have rights when it comes to their grandchildren's safety, but how far those rights goes can depend on each person's circumstances. It gets particularly difficult to decide what to do when the courts have jurisdiction in different states including Colorado, like in the case about to be discussed.

A Nov. 20 report discussed a dual-state custody battle between a deputy and the maternal grandparents of his children. According to the story, the deputy is currently being held and will be formally charged with second-degree murder for the death of his wife once he is extradited to Colorado. His wife suffered a gunshot wound to the head after a New Year's Eve party at their home in 2012. Since then, his children have been living with his mother, their paternal grandmother. They live in Indiana.

Substance abuse: Keep your right to see your child in Colorado

Alcohol and drug abuse during a divorce is a very serious issue that has to be addressed. If drugs or alcohol use have resulted in the divorce, then the court will need to know. This kind of situation is not taken lightly, but that doesn't mean you need to be seen as an unfit parent. Sometimes, you simply need help.

When children are involved, it's normally in their best interest to stay in touch with both parents. A meaningful relationship is something children desire, and parents often want that as well, even if the marriage doesn't last. If you're in a situation where you could lose visitation rights or the option to see your child as often as you'd like, you need to take immediate steps to stop this from happening. No matter what kind of situation you're in with drugs or alcohol, if you want access to your child and have positive intentions, there is no reason you shouldn't be allowed to see him or her.

Steven Cohen faces ongoing litigation following divorce

This is interesting news for anyone who has previously been through a divorce in Colorado. As most people are aware, parts of a divorce can be contested months -- if not years -- after the divorce is finalized. This is particularly true if there are aspects of the divorce that were not spoken about truthfully.

In this case reported on Nov. 26, Steven Cohen's ex-wife was reported as having gotten outside financing in order to file a lawsuit against her ex-husband. She claims that the billionaire cheated her out of money during their divorce, which took place nearly 20 years ago, and owes her money. How much? It could be as much as millions.

How can you get custody of your grandchild in Colorado?

If you're the grandparent of a child whose family is divorcing or has other struggles, you may wonder what your custody and visitation rights are. Every state does have different rules that can affect you, so if your family is spread out into different states, you may have to do your research to find out which laws directly apply to your case.

Grandparents generally only get visitation or custody rights when certain conditions are met. The best interests of the child involved are what's most important, and this is highly considered when deciding if a grandparent should get custody or visitation rights to the child. For example, is it good for the emotional health of the child to continue to see his grandparent? What are the wishes of the parents; do they want the grandparents of their child to have custody or visitation rights? If the child is old enough to make such decisions, what does he or she think, and who would he or she rather live with or have visitation with?

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Zuber Law P.C.
950 South Cherry Street, Suite 300
Denver, CO 80246

Phone: 303-945-3499
Toll Free: 866-492-3572
Fax: 303-757-2695
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