Family Law Blog

As a Denver family lawyer, I often hear divorcing couples lament, “I just wish this could be over!” 

Unfortunately, when there are children involved, it is never really over.  Unless one parent passes away or abandons his or her children, divorced couples with kids will need to deal with one another for many years to come. 

Raising children after a divorce will require a certain set of skills that most parents don’t have.  Even when dealing with an ex-spouse who has been unfaithful, unreliable, unemployed or unethical, maintaining a cooperative relationship with them is crucial to the children’s best interests.

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.

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.

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.

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.

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.

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.