Colorado Legal Blog

If you are already involved in a battle for child custody, you know that this can be the most emotionally and financially draining part of the divorce process, especially if your case involves a child custody evaluation.  But this process affects more than the adults involved; it can have serious lifelong consequences for children as well.  If you are in the midst of a Colorado divorce and expect a lengthy and nasty custody battle, then it’s time to speak with an experienced local Denver Child Custody lawyer.

In most of Colorado’s judicial districts, it is required that the parties in a divorce action both attend mediation prior to being scheduled for a trial. First, you will receive an Order for Mediation from the family court in your jurisdiction.  You will usually have about 7-10 days to get in touch with a Court-Appointed Mediator, whose contact information will be included in the court order.

Colorado criminal lawyers are an important part of the state’s legal system. In addition to offering legal assistance to their clients, they also serve as effective counselors to help their clients understand how Colorado criminal law is applied, and the best course of action for their situation.  Because your choice of the right Colorado criminal defense lawyer can make the difference between winning and losing your case, it is vitally important to choose the right lawyer.

Before you file a Social Security Disability Insurance claim in Colorado, it is important to learn the legal basics.  First of all, there are two programs in the US that administer Social Security payments.  One of these is Social Security Disability Insurance (SSD or SSDI) and the other is Social Security Income (SSI).  Both were designed to provide monthly income and benefits to disabled individuals who have either worked to contribute to the fund (SDI) or who can prove they have both a disability and a financial need (SSI).

Filing for these benefits can be a tedious and frustrating process, which explains why so many Colorado claimants work with a Social Security Disability Lawyer.  Claims can be filed at your local field office (Denver, Colorado Springs, etc), but in many cases they are quickly rejected.  This is because they lack sufficient evidence of the claimant’s medical condition, or the records don’t sufficiently prove a disability.

An important part of any legal defense against a criminal charge is your attorney’s ability to evaluate the evidence.  Essentially, no matter how serious the charge you are facing, the prosecution’s case is only as good as the evidence they have against you.  A Denver criminal defense attorney can ensure that you are “innocent until proven guilty” in a criminal proceeding.  Of course, this is not to undermine the serious nature of a criminal charge, but rather to ensure that the evidence presented against you is obtained legally and not exaggerated.

Importance of Understanding Disposable Retired Pay

One aspect of retired pay that is frequently overlooked is the difference between gross and disposable pay. It might not seem like a very important subject, but a misunderstanding regarding this can make a difference of hundreds of dollars each month. Disposable retired pay is a term defined in the United States Code 1408 which deals with how court orders are complied with.

In order to avoid mistakes regarding disposable pay, it's important to hire a Colorado Springs military divorce attorney who will make sure you don't fall into any legal pitfalls. Without one, you can easily make a costly mistake that will be too late to change.

How Disposable Retired Pay is calculated

The disposable pay is computed by taking the gross retired pay and making certain deductions. There are four such deductions that can be made. Let's look at them below.

Overpayments

In case a member has been overpaid during previous installments, this amount is deducted from the retired pay. Naturally, this can't be taken into account for any calculation based on retired pay of a Service Member (SM).

Court Martials or for other Benefits

In case a court marital orders certain forfeitures from the retired pay, these are eligible for deduction. In addition, there are certain benefits that federal employees receive and these might necessitate a portion of the pay to be removed each month (such as insurance premiums). Both of these deductions need to be taken into account before determining disposable pay.

Disability Benefits

These are generally exempt from being taken away by a court order. The amount under Chapter 61 made using certain computations needs to be deducted from the gross pay.

Survivor Benefit Plan Deductions

Deductions made for keeping the Survivor Benefit Plan in tact need to be deducted for computation of disposable pay.

Hiring a Colorado Springs Military Divorce attorney

The computations for which deductions are valid for calculating disposable pay are complex. The one involving disability pay is specially difficult and it's recommended that you get a proper attorney to help you out with this. Remember - don't do this on your own! You'll be likely to get a poor deal which you'll regret later on. Our Clawson & Clawson attorneys are here to help you with your military divorce issues and can accurately guide you in matters such as those relating to disposable retired pay. Contact us now for a free initial consultation.

Though a divorce is final, there are many judgments that go along with it. Spousal support or alimony, child support and property division can be part of it and all of them are liable to modification or termination. However, there are specific circumstances in which each can be changed and it's important to know them before going ahead with a petition. Alimony modification is one of the most common petitions in the Colorado Springs area and we take a look at some of the intricacies below.

Keep in mind that due to the complexities of the law regarding modification, it's essential to hire a Colorado Springs Divorce lawyer who can advise you and guide you through the paperwork as well as present your case in court. Without one, it's most unlikely that you'll succeed as your ex spouse will certainly have one and that will put you at a tremendous disadvantage.

Alimony modification conditions

The conditions for an alimony to be modified are twofold. First, there must be a change in circumstances that is so substantial that the existing alimony suddenly becomes grossly unfair. The second condition is that the change must be permanent or continuing. One very important facet of a petition for alimony modification is that any changes are applicable only for payment installments accruing after the petition has been filed. This means that once a payment has been made, nothing can change the fact that it has been paid even after the alimony has been successfully modified.

Also, in most cases the alimony payments come to an end if either party dies. The only way this can be prevented is if the converse is mentioned in the decree or if it's agreed in writing beforehand. Different rules apply to modification of child support which will be discuessed in another blog post.

Engaging a Colorado Springs Divorce Laywer

Most petitions regarding alimony modification are contested. Meaning that the other party resists the changes and are prepared to fight it out in court. In which case, it's crucial for you to have an experienced lawyer who will be able to place your concerns before the court in a cogent and lucid manner. Without one, your case isn't likely to stand up to scrutiny in a court of law - especially when the other party has an attorney determined to hamper it. Our Clawson & Clawson attorneys know how to handle these cases and will be able to provide you with a proper case and present it in a way that will ensure the protection of your rights. Contact us for a free initial consultation.

Colorado Drunk Driving Laws

The laws relating to drunk driving in Colorado are placed in section 1301 of Article 4 of the Vehicle Regulation act. Unlike most other states, Colorado makes a distinction between different types of drunk driving. Specifically, it talks about Driving Under the Influence - also called DUI, and driving with ability impaired (DWAI). The law lays down the various definitions relating to each condition. We take a look at them below.

However, it must be kept in mind that this area of law is very complex and is fraught with severe implications if you're found guilty. You need to tread a precise path that will get you out of the mess and avoid jail time as well as a permanent blot on your records. That path is very narrow and you can't walk it without a Colorado Springs Accident Lawyer by your side.

Driving Under the Influence (DUI)

DUI is more serious than DWAI. It means that a person who is DUI has his or her ability significantly impaired and isn't able to control their physical movements or exercise the judgment that is required to drive a vehicle. A person can be under the influence of either alcohol or drugs or both. In the case of alcohol, if a person's Blood Alcohol Concentration (BAC) is above 0.08, they are presumed to be under the influence.

One important concept is the charge of "per se." A person can be charged with DUI based on his or her conduct while driving. A DUI "per se" charge depends solely on the BAC levels. According to Colorado law, a person can be charged with DUI as well as DUI per se at the same time. However, the sentences don't add up, but run concurrently.

Driving with Ability Impaired (DWAI)

DWAI is less severe that DUI and means that a person's ability to drive a vehicle is slightly impaired, but not as much as would be the case with DUI. As far as evidence goes, if a person's BAC is higher than 0.05 but lower than 0.08 (the threshhold for DUI), they can be charged for DWAI by that fact alone.

A person is assumed to be able to drive fine without any impairment if their BAC is below 0.05. However, a person under the age of 21 can still be slapped with a Class A traffic infraction if their BAC is between 0.02 and 0.05.

Hiring a Colorado Springs Accident Lawyer

There are many exceptions, loopholes and special sections in the law regarding drunk driving in Colorado. You need a person who can get you through the legal charges safely and help you avoid jail time and lifelong repercussions. Our Clawson & Clawson attorneys will take charge of your case and pull you out of your problems. Contact us now for a free initial consultation.

Understanding a Retired Military Divorce

We've seen in earlier articles how certain aspects of Military divorce such as medical insurance via tricare and Survivor Benefit Plans (SBPs) work. However, let's take a look at fundamentals and understand how military retirement pay is divided during a divorce from the ground up.

Like any regular divorce, courts can order one spouse to pay the other a certain amount either for Child Support, Property Division, or for alimony. When the paying spouse is in military service, such payments can be routed through the government. Specifically the Department of Defense (DoD). The Uniformed Services Former Spouses' Protection Act (USFSPA) defines how this enforcement takes place, and what the limitations and procedures are.

The relationship between the USFSPA and local state regulations is complex, with the former placing restrictions as to how much pay can be disbursed and laying down circustances when it cannot be paid at all. In order to make sure you don't go wrong, you must hire a Colorado Springs Military divorce attorney to lead you through it.

Splitting Retired Pay

Retired pay of a Service Member (SM) can be split only with a court order. The USFSPA doesn't have the authority to withhold anything without one. The court can order either a fixed amount, or specify a percentage of the pension to be split. In the latter case, only the disposable pay is taken into account for calculation purposes.

One very important aspect is the 10-10 rule. Unless there is an overlap of at least 10 years between the service of the SM and the marriage, the retired pay division cannot be enforced by the DoD if it's a property division.  This doesn't mean that the pay cannot be split. Only that the former spouse must make arrangments to get paid through the SM rather than automatically via the government.

Also, the court must have the proper jurisdiction in order to divide the retired pay. Without it, any orders regarding the pay cannot be enforced. Under the USFSPA, not more than 50% of an SM's pay can be disbursed. In case more is required under a section known as 42 U.S.C. 659 regarding garnishment for child support or alimony, it can never exceed 65% under any circumstances.

Hiring a Colorado Springs Military Divorce Attorney

The USFSPA is complex and the interaction with local state law make it doubly so. You can't handle a military divorce by yourself or you could be put at a terrible disadvantage. Our Clawson & Clawson attorneys know how to ensure that you don't get cheated out of your rights. Contact us for a free initial consultation.

If you’ve been charged with sexual assault in the state of Colorado, you will find out very quickly how serious this offense can be.  A felony conviction for sexual assault will carry life-changing consequences, even if the prison sentence is short.  This is why it is so important to consult with an experienced Denver criminal defense attorney and learn your rights before attempting to defend yourself. 

Because sexual assault is a felony offense, it carries serious penalties, even for first-time offenders.  Anyone who has had more than one conviction will face significant prison time.  But in addition to felony charges, fines and jail time, a sexual assault conviction will also require mandatory registration with local authorities as a sex offender every 90 days for the remainder of the offender’s natural life.  In accordance with Megan’s Law, the local police departments are then required to give notice to the community of the presence of the sex offender.