Legal Services for Residents and Businesses

In Colorado, we no longer use the term 'custody' in domestic relations, except in dependency and neglect cases where the state intervenes. Instead, we refer to the allocation of parental responsibilities. This legal concept better describes parental rights and obligations regarding a child.

What It Encompasses:

• Decision-Making: Parents' rights to make important choices for their children.
• Parenting Time: Establishing visitation schedules between parents and children.

Parenting time can vary, from relatively equal time, where no parent is the sole residential custodian, to situations where one parent is the primary residential custodian and the other has visitation.

Initiating a Case

For married parties, child-related issues are handled during the dissolution of marriage. However, for unmarried parties, a specific petition for allocation of parental responsibilities must be filed with the court.

Paternity Presumptions:

A key difference between these filings is the presumption of parentage. In Colorado, specific 'presumptions of paternity' apply, found at C.R.S. 19-4-105. A man is presumed to be the father if:

• Married to the mother when the child is born or within 300 days of the marriage termination.
• Attempted marriage before birth; child born during or within 300 days of termination.
• Married after birth and acknowledged paternity in writing.
• Named on the child's birth certificate with his consent.
• Obligated to support the child by written promise, court, or administrative order.
• Receives the child into his home while the child is a minor and openly holds out the child as his natural child.
• Acknowledges paternity in writing filed with the court or vital statistics, and the mother does not dispute it.
• Genetic tests show a 97% or higher probability of parentage.

This presumption applies in dissolution cases where children are born of the marriage. In allocation cases for unmarried parents, paternity might be challenged within the action if the father is not the petitioner.

Child Support Guidelines

In Colorado Domestic Relations Courts, protecting a child's best interest, including their right to child support, is legally mandated for children under 19.

How Support is Determined:

Child support is calculated using a mathematical formula, with major factors including:

• Gross income of both parties.
• Number of children under 19 years of age.
• Number of overnights the child(ren) spend with each parent.
• Daycare costs.

Colorado law provides two distinct legal paths for married couples seeking to formally separate their lives: divorce (known as dissolution of marriage) and legal separation. At the conclusion of either legal proceeding, the Court issues a final order: a decree of dissolution of marriage or a decree of legal separation.

Understanding Legal Separation:

A legal separation serves as an alternative to divorce. It comprehensively settles all issues concerning children, as well as the equitable division of assets and debts. While largely similar to divorce in its outcome, the key difference is that legally separated spouses remain married. This option is often chosen for specific reasons such as maintaining health insurance, preserving military benefits, or adhering to religious beliefs that do not recognize civil divorce.

Not a Simple Divorce

A decree of legal separation does not dissolve the marriage, meaning neither partner can remarry without first obtaining a decree of dissolution. Parties considering legal separation for perceived simplicity may be disappointed, as it involves the exact same procedures as a divorce for resolving matters like property, debts, parenting, child support, and maintenance. The process is no simpler than a Colorado divorce, and you remain legally married. After six months from the issuance of a Decree of Legal Separation, either spouse can request its conversion to a Decree of Dissolution of Marriage (C.R.S. 14-10-106(2)).

Grounds for Divorce

Colorado is a 'no-fault' divorce state. This means the person filing for dissolution only needs to specify that the marital relationship is 'irretrievably broken with no chance of reconciliation.' It is not necessary to prove fault, nor does it matter if only one party desires the divorce; the case can proceed.

Residency Rules for Filing

To file for dissolution of marriage in Colorado, one party must have established 'domicile' in the state for a minimum of 90 days. While this often means physical residency, 'domicile' legally refers to an intent to make Colorado your permanent home.

Proving Intent:

Activities that demonstrate intent can include:

• Altering your mailing address.
• Possessing property within Colorado.
• Registering an automobile in the state.

Colorado courts have recognized that released military members and employees working in the state can establish sufficient intent to create Colorado residency.

Dividing Assets & Debts

Colorado follows the principle of 'equitable distribution.' This means that marital assets and debts are divided in a manner the court deems 'fair and equitable,' which does not necessarily imply an equal split. Colorado is not a 'community property state' where assets and debts are automatically split 50/50.

Factors for Equitable Division:

Courts consider several factors to determine a fair and equitable division:

• Each partner's contributions to the marriage, including non-financial contributions (e.g., a homemaker's efforts).
• The amount, type, and value of property allocated to each spouse.
• Each party's financial condition at the time the court considers asset/debt division.
• Any gain or loss in the worth of a party's separate property during the marriage.

What is Marital Property?

In Colorado, 'Marital Property' generally includes all property acquired by either spouse after the marriage, with specific exceptions:

• Property acquired by gift, bequest, devise, or descent.
• Property acquired in exchange for premarital property or property received as a gift/inheritance.
• Property acquired by a spouse after a decree of legal separation.
• Property explicitly excluded by a valid agreement of the parties.

The Dissolution Process

In Colorado, a court cannot issue a divorce or legal separation decree sooner than 90 days from the date the petition for dissolution or legal separation was filed. This 'cooling off' period is mandated by the Colorado Legislature to ensure parties have time for reflection. This waiting period applies regardless of whether parties agree on all terms or proceed to a contested hearing. If all terms are agreed upon and paperwork is filed early, the court will sign the decree once this period concludes. However, if parties remain at odds, the process can extend much longer than the mandatory 90-day minimum.

Mandatory Financial Disclosure:

Colorado law requires both parties in a divorce or legal separation to exchange all financial information without any specific request from the other party. This ensures full transparency regarding each other's financial affairs. A Colorado court will not issue a decree without proper disclosures being exchanged and certifications of compliance filed.

Discovery Process:

Beyond mandatory financial disclosures, Colorado permits each spouse in a divorce to request additional information through 'discovery.' This process includes serving requests for production of documents and 'pattern interrogatories' (standard questions approved by the Colorado Supreme Court for domestic relations cases). Parties can also ask additional 'non-pattern' questions about finances, education, employment, and other relevant matters.

Permanent Orders Hearing:

If you and your partner cannot agree on the terms of your divorce or legal separation, a judge will need to hear your case and make the decisions. These decisions are made at a permanent orders hearing, where your final, permanent orders will be determined. These hearings are typically expensive, emotionally draining, and time-consuming. We always encourage clients to reach agreements between themselves if at all possible, rather than allowing a judge, who is unfamiliar with the parties or their children, to make lifelong decisions for them.

Facing family law issues can be incredibly challenging. At Arnold  & Associates PC, our experienced family law attorneys are ready to help you navigate these complex situations throughout the Denver Metropolitan area and across Colorado. With over 25 years of litigation experience, we understand the Colorado court system and how to effectively resolve your legal issues.

Understanding Domestic Relations Law

'Domestic Relations,' or Family Law, encompasses a wide range of legal matters that impact families. We understand that many of these issues arise during emotionally trying times, while others, like adoption, can be joyous events. Our goal is to work diligently to help you through these life changes with the least possible stress, allowing you to focus on what matters most and move forward with your life.

Key Areas We Handle:

• Divorce & Legal Separation
• Allocation of Parental Responsibilities
• Child Support
• Spousal Maintenance (Alimony)
• Protection Orders
• Adoptions
• Grandparent Rights

Divorce & Separation

While a wedding is a joyous occasion, some marriages unfortunately reach a point where dissolution is necessary. During these stressful times, making informed decisions is critical. Whether you and your partner agree on the terms of your divorce or legal separation, or if there's a significant disagreement, seeking legal advice is always in your best interest. Our attorneys have extensive experience with all types of family law cases, from highly contested disputes to amicable agreements. We are committed to defending your legal rights throughout the entire divorce or separation procedure.

Child Support & Parenting Time

Navigating child support and parenting time issues in Colorado can be complex. Whether you are dealing with child support arrears, believe the current amount is excessive or insufficient, or need to establish a new order, Arnold & Associates PC can help. We assist in reaching agreements that protect a child's right to support while striving for mutual satisfaction between parents. We can also negotiate the repayment or, in some cases, forgiveness of child support arrears.

When children are involved in a divorce or separation, their well-being is paramount. We assist in developing comprehensive parenting time schedules, addressing crucial questions like:

• Which parent will the children primarily live with?
• What type of parenting time will the other parent have?
• How will the divorce affect the children's lives?

Our attorneys bring not just legal knowledge, but also a deep understanding of the impact of divorce on children, enabling us to fashion agreements that minimize negative effects. If you are dissatisfied with an existing parenting time order, or if your children are struggling, we can help. If you are being unjustly marginalized or kept from your child's life by an ex-spouse, please call us immediately.

Spousal Maintenance (Alimony)

Spousal maintenance, often referred to as spousal support or alimony, involves one spouse paying money to the other for financial support, either during or after the divorce proceedings, or both.

There are two main types of maintenance:

• Temporary Maintenance: Designed to support a lower-earning spouse, or one who has been out of the workforce, during the divorce process. For combined gross annual incomes of $75,000 or less, Colorado law presumes a temporary maintenance level based on a specific formula (40% of the higher earner's gross monthly income minus 50% of the lower earner's). This formula applies regardless of marriage length or marital misconduct.
• Permanent Maintenance: Begins after the Decree of Dissolution of Marriage is entered. Until January 1, 2014, courts had broad discretion. Now, for combined incomes of $240,000 or below, guidelines standardize both the duration and amount of alimony. The formula is 40% of the higher earner's gross income minus 50% of the lower earner's income per month.

Key Considerations for Maintenance:

A court must first review the parties' financial circumstances before awarding maintenance. Generally, maintenance may be awarded if a spouse lacks sufficient property to meet reasonable needs and cannot support themselves through appropriate employment.

Factors generally considered by courts include:

• Length of the marriage.
• Age and health of the parties.
• Division of property.
• The education level of each party at the beginning and end of the marriage.
• Earning capacity of the parties.
• Likelihood that the seeking party can become self-supporting.
• The standard of living is established during the marriage and the time needed to achieve it.
• Tax consequences.
• Premarital and postmarital agreements.
• Contribution of one party to the other's education, training, or earning capacity.

For marriages exceeding 20 years, the court has more discretion regarding the term of maintenance, which may be indefinite. For marriages between 3 and 20 years, guidelines provide a duration based on a percentage of the marriage length (e.g., 31% for three years of marriage).

Life changes, and so do circumstances that impact family law orders. At Arnold & Associates PC, we understand that existing court orders for child support, parenting time, or spousal maintenance may need to be adjusted. Our firm helps clients navigate the process of modifying these orders to better reflect current realities.

Child Support Adjustments

Modifying child support in Colorado is governed by specific criteria to ensure fairness as circumstances evolve.

Criteria for Change:

A 'substantial and continuing' change in circumstances is required, typically indicating at least a 10% change in the amount of child support paid or received.

Common Variables for Modification:

• Substantial change in either party's income.
• Reduced or eliminated daycare costs as children grow older.
• A modified parenting plan affecting overnight schedules.
• A child emancipating and no longer being subject to support.

Retroactive Application:

Colorado Domestic Courts generally apply child support modifications retroactively to the date a motion to modify was filed, or the date parties mutually agreed to a change in the child's residence.

Child Dependency Exemption:

Modification of child support may also affect the child dependency exemption for tax purposes. While parties often agree to alternate the exemption yearly for one child or split it for multiple children, if no agreement is reached, the court will allocate these rights. Rights are proportioned to each parent's contribution to raising the children.

Limitations apply:

• A parent cannot claim a child as a dependent if all court-ordered child support for that tax year was not paid.
• The exemption is not granted if it would provide no tax benefit.

Termination of Child Support:

Child support orders entered after July 1, 1997, automatically terminate under Colorado Law without a motion only when the last or only child attains 19 years of age, unless specific conditions apply:

• Parties agreed to support extending longer (agreement made after July 1, 1997).
• The child is mentally or physically handicapped.
• The child remains in high school (or equivalent program), continuing support until the end of the month following graduation.
• The child marries before turning 19 (support may be restored if the marriage terminates while the child is still under 19).
• The child enters active duty military before turning 19.

Important Note for Multiple Children: If an order covers more than one child, support does not automatically terminate when an older child turns 19. The obligor (paying parent) must file a motion to modify child support when an older child emancipates; otherwise, payments for the emancipated child will continue.

The Risks of Informal Agreements

• Parties often make 'informal' or 'casual' verbal agreements to modify permanent divorce orders after court proceedings conclude. While such cooperation is encouraged, as parties often know what's best for their family, relying solely on verbal agreements can be a critical mistake.
• When disagreements arise later, one party may seek to enforce the original court order, which remains legally binding. This can lead to serious consequences, especially for issues like child support or spousal maintenance.
• For example, a verbal agreement to reduce child support payments from $1000 to $500 per month is unenforceable in court. The paying party could remain liable for the unremitted $500 per month for the entire period of the informal agreement.

How We Help

Arnold & Associates PC has extensive experience in drafting out-of-court agreements and stipulations. These legally binding documents effectively modify original separation agreements and protect clients from future harm or penalty. We help formalize your agreements and file them with the court, creating a new, legally enforceable order.

Experienced Legal Counsel for Modifications

Modifying prior Colorado divorce agreements requires experience and thoroughness to protect clients from future legal and financial harm. In cases requiring a court hearing, having a seasoned attorney is even more crucial. Contact Paul Arnold for an initial consultation to discuss your modification needs.

Being charged with a crime is a frightening experience, filled with questions and anxiety. You need an experienced criminal defense attorney to help you understand the consequences and protect your rights. Paul Arnold, an experienced Criminal Defense Attorney in Denver, Colorado, is here to provide strategies and ease your concerns. It's crucial to speak with a criminal defense lawyer who is dedicated to looking out for your best interests, as the police and courts are not on your side.

Protecting You From Serious Charges

Arnold & Associates PC provides a skilled defense for clients facing serious criminal accusations. Not all criminal defense law firms handle these complex cases, but we have a proven track record of successful results for over 25 years in matters including:

• Felony Charges
• Drug Crimes
• White Collar Crimes
• Gun Charges

Our Commitment to Your Defense

Arnold & Associates PC moves swiftly to defend your criminal case. We vigorously protect your rights and guide you through the complicated legal process to help you avoid further difficulties.

What to Expect From Our Firm:

• Prompt follow-up on your calls and texts.
• An expert criminal law professional will be directly managing your case.
• A loyal defender of your rights, deeply invested in a successful outcome.
• Every client is presumed innocent, receiving the full protection of the United States Constitution, to which all Americans are entitled.