Colorado Legal Blog

Paternity Testing and Child Support

Paternity testing is becoming a very important aspect of many divorce cases involving children. Who is or isn't the biological father of the child has an outcome on just about every aspect of a divorce where children are concerned including child support. However, what if a man finds out that he's not the father of the child after the divorce is completed and the child support orders are passed?

Section 122 of Article 10 of the dissolution of marriage act in the Colorado Revised Statutes provides a solution for such circumstances in order to prevent an unfair situation from arising with respect to the man concerned. If you find yourself in such a situation, contact a Colorado Springs divorce attorney today. By yourself, you may not know the proper procedures and paperwork involved and will flounder in the legal morass of the system.

Modifiction of Child Support

The law allows a man who finds out he isn't the father of the child for whom he's paying child support, to file a petition for either the modification or the complete termination of the child support order. To satisfy the court, only a DNA test is proof enough and it must show that he is excluded from being the father.

However, only those installments of child support that become due after the filing of the petition are eligible to be erased from his legal obligations. This means that he can't seek reimbursement of payments he's already made. Effectively, that money is lost to him.

Limits on Modification

A man can't file for modification of child support under this section if more than two years have passed since the original order. There are also three conditions under which he will be unable to proceed as per this section of the law. The first is if he has already acknowledged that he is the father of the child knowing full well he isn't the biological parent. The second, is if he has adopted the child as his own. And finally, if the child was born by way of assisted reproduction.

Hiring a Colorado Springs Divorce Attorney

It's necessary to prove that none of the conditions that prevent the filing of the petition are met, and this can be done effectively through our Clawson & Clawson attorneys. Remember that there are strict deadlines for this sort of thing, so don't waste any time! Contact us now for a free initial consultation.

Colorado Springs speed laws can be quite confusing. We had taken a look at some of the speed limit laws last week and seen that there are many exemptions and special cases that you need to be aware of. Also, the speed limits depend on the type of road and the type of vehicle as well. Many people are confused however about whether or not there is a minimum speed limit in Colorado and if so, what that limit is.

Additionally, there are many times when one needs to drive at a lower speed. The Colorado Revised Statutes have taken this into consideration and crafted a set of rules that must be followed under such circumstances.

If you're in an accident that may have been caused by proceeding at a lower speed than what is allowed, be sure to contact a Colorado Springs personal injury attorney who will help you out in these matters.

Let's take a look at the details of the minimum speed limits in Colorado.

Basics of minimum speed limits

The primary rationale for minimum speed limits is to prevent the obstruction of traffic. Since this is a highly subjective consideration, the choice is left to the local authorities or the DoT to declare these limits depending on the specific area over which they have jurisdiction. Once they are declared, it's a class A traffic infraction to violate these limits - except of course when it's otherwise required by law or when it's unsafe to go any faster.

But the law also recognizes that even a conscientious person may have many reasons to slow down and has created guidelines regarding the course of action. Basically the rules boil down to a single imperative - drive as much to the right as possible until no more traffic is impeded by your slow speed. Another option is for the driver to pull up whenever he or she can until the traffic behind has passed by.

In some places, special lanes may be provided for traffic going uphill. Or there might be roadside turnouts. In either case, drivers going at a lower speed are obliged to use them to prevent any obstruction of traffic flow.

Contact your Colorado Springs Personal Injury attorney

There are many ways in which you can be badly caught in a lawsuit regarding an accident. To get out of it, you have to defend youself cogently by citing the proper refernces and case law. Our Clawson & Clawson attorneys can help you avoid a bad outcome and ensure that your rights are protected. Contact us now for a free initial consultation.

Need for Simple Divorce Procedures in Colorado Springs

The Colorado Revised Statutes are complex. This is one of the reasons why you need a competent Colorado Springs divorce lawyer to help you make your case. Not only does one have to know the various sections of the law along with all relevant annotations and exemptions, you also need to understand court procedures, which forms to fill, who to give them to and so on and so forth.

For couples undergoing a divorce, this can create a layer of stress that's added on to an already emotionally charged situation. But these procedures are important for divorces where the two parties don't agree to the divorce terms and need to fight it out. However, some divorces can be amicably settled and Colorado law gives such couples a chance to easily conclude their divorce without too many problems.

The technical term is called "Dissolution of marriage upon affidavit" and is laid down in Title 14, Article 10, Section 120.3 of Colorado law. There are a few conditions that need to be met for this procedure to be accepted by the court. Let's take a look at them below.

Conditions for Divorce on Affidavit

There are four conditions that need to be met before the court will accept the affidavit of either spouse.

Minor children

There must be no minor children in the equation. The wife mustn't be pregnant either. This removes a major complication in any divorce proceeding. However, in case there are children, both parties must agree to a separation plan with the help of attorneys from both sides. The agreement must address issues such as parental responsibilities as well as how much child support needs to be paid by either party.

Marital Property

There must be no marital property that needs to be divided between the two. In case such property exists, the two need to agree on how to divide it.

Serving Notice and no other problems

In case one of the spouses files an affidavit, the other must be served according to the legal procedure laid down by law. Also, there must be no other important issue to decide between the spouses that can have an impact on the outcome of the divorce.

Engaging a Colorado Springs Divorce Lawyer

Both parties need to be represented by council in case there are children involved. In addition, the court isn't obliged to enter a decree of dissolution based on the affidavits, but can order a formal hearing if it thinks it fit. To ensure there are no problems with the affidavit and procedures, you need to engage a competent divorce attorney. Our Clawson & Clawson lawyers are well equipped to handle these cases. Contact us for a free initial consultation.

Ever since personal bankruptcy laws changed a few years ago, people have been confused about whether to file for Chapter 7 or Chapter 13 bankruptcy.  Before you consult with a Denver bankruptcy attorney, it helps to have a basic understanding of your options. 

Chapter 13 is a less damaging form of bankruptcy, and is similar to a corporate “reorganization”.  It is designed to be a “wage earners plan” for people who have filed for Chapter 7 in the past seven years, who continue to have a steady income or who still have significant equity in their home.  In contrast to a Chapter 7 filing, Chapter 13 allows individuals to retain their assets and halt pending home foreclosures while they reorganize their debt and make workable payment plans with their lenders.  While the proceedings do take place in a Colorado bankruptcy court, a Denver bankruptcy attorney can help minimize the stress involved by simplifying the legal aspects of the process.

Speed regulations in Colorado Springs

The Colorado Revised Statutes discuss several issues relating to speed regulations in Title 42, Article 4. Amongst other things, it lays down the various speed limits for different types of highways and also prescribes penalties for violations. This section of the statutes is replete with exceptions, complications and various other ramifications of the rules that require an experienced Colorado Springs Accident Attorney to sort out. If you're in trouble with the law regarding speed regulations, it's best to get in touch with one immediately.

Speed Ranges

There is a larger range of maximum speed limits that apply to different types of paths. For example, mountain paths with blind curves have a limit of just 25 mph. This is in contrast to a full blown four lane interstate highway where the limit is 65 mph. Speeds limits are also carved out for certain types of vehicles such as single rear axle vehicles transporting trash.

An important concept relating to vehicle speeds is "reasonable and prudent" speeds. Vehicles that violate the speed limits are automatically held to have violated the reasonable and prudent limits by the very fact of speeding alone.

Speed limits are relaxed when there is an emergency and if it's necessary to go faster in order to save a person's life or to prevent some public injury. Whether or not the situation called for such an excessive speed is left to the individual judgment of  the law authorities.

Litigation Issues

When two parties are engaged in an accident, one can sue the other for civil damages. A factor that might play a role in the case is whether or not the party being sued was violating the speed limits. However, for civil damages to be awarded, the person who is claiming negligent driving is still required to show that the accident was caused because of the extra speed.

One can't defend oneself against a speeding allegation by claiming ignorance of the exact limits or even by claiming that one didn't know the speed the vehicle was travelling at. Some have even tried to claim that maximum fuel efficiency required a higher speed. Needless to say, that defense didn't work!

Getting a Colorado Springs Accident Attorney

The statutes are quite complex and if you're involved in an accident, you must have a competent lawyer in order to avoid getting a terrible judgment against you. Our Clawson & Clawson attorneys are the best at what they do and will be able to take your case to a satisfactory conclusion. Contact us for a free initial consultation.

Military Tricare Insurance

One of the many perks of being in the armed forces, is the great medical benefits that go along with it. Tricare medical insurance is an extremely comprehensive program for those on active duty, retirees and their family. In a divorce action, whether or not the former spouse is able to partake of this comprehensive medical coverage depends on three basic factors and is called the 20-20-20 rule. For full details, contact a Colorado Springs Military Divorce attorney.

Three Tricare Plans

The three basic tricare plans are Tricare Prime, Tricare Standard, and Tricare Extra. By default Service Members (SMs) are registered in the Tricare standard plan which is more expensive than Tricare Prime, but also allows the flexibility of seeking treatment outside of military facilities. Tricare Prime, being cheaper is more suitable for those who will rely solely on Military Treatment Facilities (MTFs) for their healthcare.

Tricare Extra is a sort of add on program that doesn't require enrolment or an annual fee. It's just that if you choose to seek treatment from a Tricare Extra povider, the co payment is a bit cheaper and you don't have to file your own insurance claims.

Former Spouse Coverage

As noted above, the 20-20-20 rule is applied for former spouses seeking Tricare coverage. It basically means that the marriage should have lasted at least 20 years, the SM should have served for at least 20 years, and there is an overlap of at least 20 years between the marriage and the service.

One of the most important points about Tricare medical coverage for a former spouse, is that it doesn't cost the SM anything extra. This could be an important factor in reducing the amount of alimony that is awarded to the former spouse (if any). It's wise to keep this in mind in case you're approaching the deadline of 20 years and are planning to get divorced. It might be worth it to hang on and stay married until the 20 years are up, and then proceed.

Of course, the same goes for early retirement. Try and stay in service until twenty years have passed, and you're assured that your spouse will get Tricare coverage in case of a divorce.

Finding a Colorado Springs Military Divorce Attorney

Just to make sure you're fully covered, it's important to engage the services of a lawyer who knows what's what and you can be sure of. Our Clawson & Clawson attorneys are very experienced in these matters and can make sure that you get what you deserve. They will also be able to advise you as to how to proceed. Contact us for a free initial consultation.

Divorce Papers - What they are

The technical term for divorce papers is "decree of dissolution of marriage" in Colorado Springs. Since a divorce consists of many different aspects, the final decree needs to contain every single conclusion that the court has reached. For example, some divorces may require payment of alimony from one party to another. This may also contain provisions such as security for the same. However, it's well understood that there is just one decree of dissolution of marriage which is final when entered.

In an earlier article, we had seen how legal separation in Colorado is very similar to a divorce. In case a decree of legal separation has been passed, it can be converted into a divorce decree after six months have elapsed. Either party can initiate a motion for this after showing that the other has been notified. When a divorce is final, the information can be made public.

Depending on the situation, a decree of dissolution doesn't prevent the court from entering protection orders when either party may request it. Interestingly, a divorce decree cannot be passed after one of the parties has died.

Child Support Issues

Child Support is one of the most important aspects of most divorces. Because of this, no matter how the marriage ends - whether it's a regular divorce, a declaration that the marriage is invalid, or a legal separation, the order will contain what is called an "income assignment" to ensure that the payments are made promptly and on time. We'll be discussing income assignments later in this blog.

Hiring a Colorado Springs Divorce Attorney

There are many more legal complications that arise out of a divorce decree and each case is distinct and separate. In case you need to find out anything about divorce papers in Colorado, it's best to contact an experienced divorce attorney who has your best interests at heart. Our Clawson & Clawson attorneys have handled many divorce cases and know how to navigate the legal environment. Contact us now for a free initial consultation.

Have you recently been involved in a personal injury that occurred at your workplace?  If so, then you may not know how to deal with it from a legal standpoint. 

A Denver personal injury lawyer can help you decide if you want to seek compensation for something other than your physical injuries.  For example, you may be suffering from mental distress or psychological trauma as well.  But calculating the compensation for psychological trauma can be tricky, and many employers try to avoid paying for this.  

According to Colorado law, anyone who pleads guilty to a domestic violence must attend a minimum of 36 domestic violence counseling sessions at their own expense.  But many accused offenders are not aware of this.  When a domestic violence offense during a pending divorce, it can have even more serious ramifications for the offender.  Before you plead guilty to domestic violence – even if it a misdemeanor crime, it is important to consult with a Pueblo family lawyer. 

Colorado’s domestic violence laws are tougher in than most other states.  In fact, the law requires that anyone who is suspected of domestic violence must be arrested and held in custody without bail, until he or she can appear in front of a judge in family court.  At that time, they will be served with a mandatory protection order.  This means that the court may issue an order for the offender to vacate his or her home and have no further contact with the complaining witness. 

Child abuse convictions are treated differently than domestic violence under Colorado law, but both crimes carry a lot of weight in a divorce case.  When domestic violence and/or child abuse are present, it is imperative to seek legal counsel of a Pueblo family lawyer – especially when it comes to the legal and physical custody of minor children. 

If you are facing a possible conviction for child abuse or domestic violence, it can have a lasting impact on your lifestyle, family.  It can also mean the loss of your parental rights in a divorce.  This is not the time to “go it alone” in family court.  A Pueblo family lawyer from Clawson & Clawson, LLP can represent your interests in a custody hearing. 

A Minor's Driving License in Colorado Springs

Obtaining his or her first driving license is something every teenager looks forward to. It signifies independence and a certain coming of age that few other experiences can match. However, it's important to realize that Colorado law doesn't provide the same freedoms to minor drivers that it provides to adult ones. In order to know what is or isn't likely to get you into trouble, this article lists a few restrictions that need to be kept in mind.

There are many ins and outs of this section of law, so hiring a Colorado Springs accident attorney is wise in case of trouble.

Restrictions

There are two major restrictions that are placed on a minor's driving license. They deal with ensuring that the minor in question handles his or her responsibilities properly and doesn't engage in rash behavior that can endanger the lives of others - especially other minors.

For example, the driving license must be held for at least six months before the minor is allowed to drive around another person below 21 years of age and who isn't in the family. Even after six months though, the minor in question can't have more than one passenger below the age of 21 unless he or she has held a valid license for over a year. As before, this stipulation is relaxed if the minors belong to the driver's immediate family.

The restrictions above are waived if the minor's parents or legal guardians are accompanying them, or if someone above 21 years who has a license and has held it for a year is present.

Another restriction is that the minor can't drive a vehicle between 12 am and 5 am unless they've held the license for at least a year.

Exemptions

There are numerous conditions when the restrictions don't apply. Such as in a medical emergency for example. The rule regarding timings also don't apply if the minor has a signed statement from his or her school or employer laying out the need to be driving at that particular time.

Engaging a lawyer

Due to the fine print and large number of exemptions, you must hire a competent Colorado Springs accident attorney to help you out in case of an entaglement with the law. Our Clawson & Clawson attorneys will help you find a way to minimize the penalties or get the charges dropped altogether. Contact us now for a free initial consultation.