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April 2014 Archives

Child Support: When to Impute Income

Divorces with minor children can be messy. Parents seem to fight over everything, especially child visitation rights and child support. Unfortunately, they usually lose sight of the bigger picture-- the well-being of their children. Parents need to realize child support is for support of their children, not to bump up their disposable income. In dissolutions of marriage involving children, spouses have a tendency to get creative in trying to avoid or reduce their child support payments by lowering their own incomes. However, a court has a mechanism to rebuff any attempts of the parent's trying to reduce their child support payments by artificially lowering their income. A court can and will impute income when they feel a party's unemployment or underemployment is voluntary and used to shirk their child support responsibilities.

Maintenance Requests in Colorado

Maintenance is Colorado is a hotly debated issue. It seems like the statute is always changing, making it more difficult for spouses to get maintenance (more commonly referred to as alimony). It's true that the current maintenance statute makes Colorado one of the hardest states to get a maintenance order. But before some spouses even begin their argument for why they deserve maintenance they forget to do one simple thing. Most spouses do not even get a chance to make a request for maintenance during a dissolution because they forget request maintenance in the petition for dissolution! While it may seem very simple it is seen more often than not in Domestic Relation courts.

The Benefit of Taking Mediation Seriously in Family Law Cases

Mediation is now required in family law cases to help parties resolve their disputes without the governing hand of the Court. Mediation involves a neutral third party that hears both sides of the case and can advise parties outside of the courtroom. Attorneys are not necessarily required, but they are still recommended. The idea behind mediation is to let the parties have more control over the decisions that will affect the outcome of their cases and to save the parties time and money. The parties know their situations much better than a Judge and results are usually more tailored to each party's needs and wants. However, in many cases mediation is not taken seriously and viewed as a required evil with no real positive impact. Mediation should be taken seriously though, as it is always better for the parties to come to a mutual decision than having the hand of the Court decide. Here are some benefits of taking mediation seriously:

Dissolution of Marriage Timing Issues

Usually the parties in a dissolution of marriage just want to get divorced and move on with their lives as quickly as possible. However, there are some important timing requirements and waiting periods parties to a dissolution of marriage should be aware of to ensure they can get their divorce as quickly as possible.

How to Gain Proper Jurisdiction in Dissolution of Marriage Cases

To enter a decree of dissolution of marriage, Colorado district courts need proper subject matter jurisdiction. To enter an order for maintenance, child support, or division of marital property, the court needs personal jurisdiction. Here are the keys to gaining both subject matter jurisdiction and personal jurisdiction.

Spousal Maintenance: How is it determined by the Court?

In Colorado spousal maintenance is not guaranteed in a dissolution of marriage and the court takes into consideration several factors to determine whether maintenance is appropriate for the moving party. Colorado has recently formulated new advisory guidelines for maintenance in cases where parties have been married for at least three years and have a combined gross annual income of $360,000 or less. C.R.S. 14-10-114. The determination takes into consideration the months of marriage to appropriately determine maintenance. But before we get to the actual determination of the amount of maintenance, the court takes into consideration several factors to determine if the party moving should be awarded maintenance.

Three Tips on Parental Rights and Responsibilities

Determining Parental Rights and Responsibilities is never easy and can be a stressful time for a family going through a dissolution of marriage. It is important to remember that the best interests of the children always come first and the courts are always putting the children's well-being ahead of the parents. Here are three tips on how to make the process run smoother.

School "Zero Tolerance" Policies Are Unfair and Ineffective

Due to several high-profile acts of school violence in the past several years, many schools have gone to a "zero tolerance" approach to school discipline.  In other words, they operate under the belief that pushing kids out rather than helping them is the best approach.  This is unfair to the vast majority of kids who would never commit violent acts, and it is an ineffective approach to school discipline.  

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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