Colorado Family Law Laws

I’m Scott Goldman. I run Goldman Law here in the state of Colorado, more closely in the Denver metropolitan area, in the Front Range of course. Our main focus of practice is the area of family law which is inclusive of divorce, child custody, modification or orders, dependency, neglect proceedings, adoptions. So it’s a fairly big gamut that family law runs.

Our approach to law at Goldman Law is pretty unique in the sense that it’s a business-like approach. We really focus on customer service because at the end of the day we want our clients to be happy and have a resolution to their case that they’ve been involved in. One that will give them a peace of mind at the end of the day, knowing that they had the right voice put forth for them. We’re also not going to go into a case simply to make a fight out of something that doesn’t need to be fought. And you’ll have a lot of lawyers that will come in and just drag cases out and make fights where they don’t need to do so, and it ends up costing the client more and more and more at the end of the day.

So our approach is to either get to a settlement that is good for the client and one that they can live with on a long-term basis. Or look at the areas where we’re not going to settle and reserve those for trial and prepare the proper way for trial. But either way, our approach is always to have the client involved in their case. So this way, they have a peace of mind about what’s going on, and we’re not constantly in the driver’s seat.

How we are perceived by our clients is important to us. I think that we want to be perceived as professional, ethical, and really giving them a service that they came in to sign up for. Often times, it’s very difficult to understand that there are weak positions within a divorce or a child custody matter. And on the professional note, giving clients the advice that they don’t necessarily want to hear is what that’s all about.

Being ethical is very, very important for us too because we work hard to do things the right way and by the book for our clients. And ultimately, that makes it less costly for the clients too when you do things right. So we want to be perceived as the law firm that they came to that made a difference in their lives. And ultimately, at the time of a hearing, we always tell our clients there’s no guarantees of an outcome. No matter how good of a lawyer you are, you can never predict what a judge is going to do. But you can bet that we go into court, we’re going to put our best voice forward for that client and do the case the right way.

Trust and hiring us really go hand in hand, the two issues. I think on the trust side of things, a client is going to have constant communication about what’s going on in their case. And they can be confident knowing that we are here to educate them and give them an opinion about their case that they may otherwise not want to hear. And a lot of trust has to deal with telling people the hard facts about their case and allowing them to make an educated decision about that. On the side of hiring us, we’re going to give our clients the voice that they need and do a thorough job for them at the end of the day as divorce and child custody matters are very tough matters to deal with. At the end of the day, the client is looking for a voice and looking for a job to be done and that’s what we’re here to do.

By: Scott Goldman

What is child custody based on in Colorado? Child custody is based on a standard – a legal standard – called “What is in the best interest of the children“? And Child custody includes two pieces. It includes parenting time and it includes decision-making. And also, of course, there’s child support that needs to be dealt with. So how is that determined? Essentially, you’ll either agree to those things, in other words, you’ll have the children, let’s just say, 50% of the time – 50% of the overnights a year. Your ex-spouse will also have the children 50% of the time, or 50% of the overnights for the year.

Or certainly we have clients where they take a stand that for reasons of stability or reasons where someone has a job that requires them to travel all the time, that they have less child custody. So the parenting time might most of the time with one parent – the primary parent – and then the other parent might have every other weekend per se with the children. Child custody is either going to be determined, like I said, by you and your spouse or it’s going to be determined by the court if you can’t come to an agreement on that. The court is going to look at what’s in the best interest of the children. The court’s not – I know this is hard – but the court’s not interested at all in you or your spouse. They’re not. That’s not their charge. Their charge is what’s in the best interest of the children.

So it behooves you when you’re sitting down and maybe talking about a child custody issue in the case of a divorce, what is in the best interest of the children in terms of parenting time? What is in the best interest of the children in terms of decision-making? In other words, should decisions all be made by both of you together – joint decision making – or are there some decisions that one or the other of you should make because you can see down the line that there may be real problems associated with trying to come to agreement.

Mostly I see this in the area of wanting the children to go to therapy. One parent believes in therapy, the other parent doesn’t. Or medical issues. We’ve seen children with attention deficit syndrome. One parent believes in medication, the other parent doesn’t. So you can see down the line that there might be issues regarding decision-making.

One of the exceptions to joint decision-making that the court will impose has to do with domestic abuse. If there is domestic abuse in your relationship, then the court will not allow joint decision-making because there’s an imbalance of power between the two parties.  So you can see, there’s some complexities here. But the decision the court will make will always be based on that standard – the best interest of the children – and it will be the judge’s opinion about what’s in the best interest of the children.

So if you can’t come to an agreement, you’re essentially handing that, let’s just say subjective decision to someone else, and hopefully the judge will make a good decision on that for you if you can’t do that yourselves.

By: Leslie Matthews

Some people ask us whether or not you need to file for divorce before going to mediation. The truth of the matter is that you’re actually better off filing for divorce before you go to mediation even though there is no requirement that you do so.

Once you file for the divorce, there’s a whole bunch of requirements that are put in place in terms of exchanging financial documents so you should know exactly what it is you’re settling on. If that’s the goal of mediation, to settle on your case, then you need to be fully informed of the issues before you. You may not otherwise have the proper documentation before filing for divorce because there’s nothing in place that requires the other party to make disclosures to you about what you are trying to mediate.

While you don’t need to mediate prior to filing for divorce, it’s a good idea that you file for divorce and then go to mediation so you can ensure that you’re given the proper documentation and education on what it is you’re trying to settle.

By: Scott Goldman

In the State of Colorado, child support can be modified when there’s a substantial and continuing change in circumstances. The first thing that is looked to is whether or not the amount of child support that’s currently being paid will change by greater than 10%. If somebody for example is paying $500 a month and they’re trying to reduce their child support, then their burden would be to show that the child support would go down by $50. And of course on the other hand, if the person who’s receiving child support is trying to increase the amount of child support that’s being paid at the end of the day. Then they would have to show that, that amount would go up by $50 for a $500 amount example.

As far as terminating child support, generally speaking, child support will terminate once the child turns the age of 19. However, if you have multiple children, at that time you should look at modifying your child support as well. Because once the first child turns 19, it does not automatically recalculate itself for when that particular event happens, and then base itself off of the remaining children. So you should file a motion to modify child support at that time.

Some other issues that you look at when modifying child support is the date at which child support would be modified back to. Generally speaking, child support is modified back to the date that you filed your motion to modify child support. However, if you can show that there was a mutually agreed upon exchange in parenting. Meaning, maybe you had a child for four overnights a week and now for the past year or two or whatever it is, that child has been living primarily with the other parent. You can go into the court and argue that there was a mutually agreed upon exchange. And so from the date that, that child started to live with you or the other parent, the modification should go back to that date. Which could be a lot earlier in time than the date in which you file your motion.

By: Scott Goldman

Hi. My name is Bill Moller and I love to backpack. Before I start any trip, however, I research about the area in which I’ll be walking. I turn to other, more experienced people, who know the area, to help me map my route.

Life can be the same way, often we are confronted with unknown territory and need someone more experienced to help us know which way to go. If you are confronted with divorce, bankruptcy, the death of a loved one, or starting a new business, or need to plan for your future, I can help.

My name is Bill Moller, and I’m an attorney in Colorado. I am here to help provide you the information you need and walk beside you through some possibly difficult paths that may come your way. Please feel free to call me at (719) 687-2328, and I can help you map a route for your journey through the legal maze.

By: William Moller

Bill Moller here. Owner of the Moller Law Group. I want to take a moment now, just to talk about one of the areas that we practice in here at the Moller Law Group. We specialize in family law. What is family law? Family law is a pretty broad subject area, but essentially we handle divorce, child custody situations, child support, abandonment and things like that. If you need help, come see us.

Now, when you do, know that you’re going to get honest advice and sometimes you’re going to hear things that you might not want to hear. That’s because we have experience here at the Moller Law Group because you never really know what a court will do in a situation like yours because we’ve probably encountered it before. Now, every problem is unique and everyone has a different set of challenges, but because of the experience we have, we can help you map a route for your problem.

But, you do need to understand, in a divorce or a child custody battle, not everyone’s going to get everything they want. In fact, both parents are probably going to have to sacrifice a little bit. Here at the Moller Law Group, we’re candid, we’re fair, we’re honest and we also do a good job.

By: William Moller

Child support is often one of the biggest issues in a divorce. Child support is determined after there is an initial determination of whether or not there should be maintenance, because maintenance becomes income to the party receiving child support and it actually reduces the income of the party paying child support. Then there is a statutory calculation made for child support when there is things that you plug into the calculation, like is one of the parties paying health insurance? Is one of the parties paying daycare, either because they’re going to school or because they’re working? And those things all factor into the child support amount.

Child support can sometimes be calculated by individuals on their own without the help of an attorney, but if you have daycare issues or you have one of the parties going to school, or you have one of the parties paying medical, typically you’d be better off with an attorney assisting you. And we work very hard when we’re helping with people to make sure that that child support calculation is done correctly.

By: Ray Chamberland

Hi, Bill Moller, owner of the Moller Law Group. I want to take just a moment to introduce myself and talk briefly about our law firm here. I’m a retired Army officer. I spent (21) years leading soldiers. I know what it takes to lead from the front. I know what it means to take a stand on a tough position, and I know what it means to be honorable and to have integrity. I think my Army experience has prepared me well to be an attorney. I’m not intimidated easily by others, and I know how to take a stand when others think that it might be easier to give way. At the same time, I’m not a bull dog. What do I mean by that? I don’t senselessly grab hold of an issue and just fight or gnaw on it for no purpose or to no end. I take a more pragmatic approach. I analyze your case. I weigh the pros and cons of it, and I try to give you the best advice I can, telling you the strengths of your case as well as the weaknesses. If your case is weak, I’m going to tell you. If it’s strong, I’ll tell you that as well. When you come see us, you’re going to know what we think the likely outcome is going to be.

The other attorneys here in our office are the same way. We don’t needlessly fight over issues, because ultimately it’s you paying the bill. What we do try to do, though, is represent your interests and obtain the results you want. After all, this is your case, so we want you involved every step of the way so we can help you make key decisions that will get the outcome you’re really searching for.

By: William Moller

What is divorce in Colorado? Well Colorado divorce is a process. It’s a series of steps that will help folks and their marriage. In fact, we don’t even call divorce, divorce in Colorado. We call it a dissolution of marriage. In a dissolution of marriage, what the court will do is go through five basic areas and help people get divorced.

Although at times it may not seem like it’s helpful, it’s really getting the job done for you if all the steps are followed and followed correctly. First step is to do an initial status conference, at least in El Paso County. Some of the other counties may do things slightly differently. But it’s an initial meeting with the court where deadlines are set and times are set for exchange of information and determination whether or not it’s going to need any experts in the case.

The next step would be a settlement conference. Generally, that’s if both parties have an attorney, it’s the attorneys and the parties. If only one party has an attorney, obviously there could be three of you attempting to settle, or just the two of you if you don’t have attorneys. At a settlement conference, if you can reach agreement on all issues then you can write it up, submit it to the court, and often only have to go to court maybe one more time. If you’re not successful at a settlement conference, we often have what’s called a temporary orders hearing.

At a temporary orders hearing, each side presents its case for how assets should be divided, how parenting times should be arranged if there’s kids involved, and who’s going to be paying for what debts and perhaps who’s going to be living in the marital home if there is one. That is all for temporary purposes. That lasts from the time of the temporary orders hearing up until you have a final orders hearing.

Before you can have a final orders hearing, you’d be required in most instances to have mediation. Mediation is with a paid mediator who assists the couples in trying to reach agreements. If you can reach agreement on everything or on some things, again, you write them up, submit them to the court, and those issues are resolved.

Any remaining issues, which could be all of them, go to court for a final orders hearing. That’s a fully contested hearing often where both sides take very adverse positions and eventually the judge decides all the issues. In a nutshell, that’s divorce in Colorado.

By: Ray Chamberland