Child Support and Parenting Time

Colorado Divorce Question: Stepparent Decision Making for Children

Q: I have joint parenting time with my former spouse. My new spouse wants to share in decision making. Can I give her that right? A: Unless a stepparent has court ordered "third party rights", a biological parent cannot simply confer rights to their stepparent/spouse to allow the stepparent to interfere with the decision making rights of the other biological parent. In cases where the stepparent is relentless in imposing their will on the parenting matter, any violation of the biological parent’s rights may be grounds for the biological parent to take legal action against th …

Step Parents and Parental Rights in The State of Colorado

  Step parents are often at their wits end about how to handle parenting issues when they are not obtaining the support of, or have communication with, the former spouse.   This kind of situation can be extremely challenging for all concerned.    When one of our senior lawyers was asked about these kinds of situations, this is how he responded:   In one of my earliest cases in the State of Colorado, a very experienced family court judge said:   “Dad, you have rights.  Mom, you have rights.  Step …

Recent CFI Changes

  Recent CFI Changes               In Colorado, the role of the Child and Family Investigator (CFI) is to investigate, report, and make recommendations as specifically directed by the court in the appointment order. C.R.S. 14-10-116.5(2). In performing his or her duties, the CFI is required to take into consideration the relevant factors for determining the best interests of the child. Id. While the CFI is required to consider the wishes of the child, the CFI need not adopt such wishes in making recommendat …

Colorado Divorce: When Can a Child Decide on Parenting Time?

  In the State of Colorado, there is no statute that references a specific age at which a child can determine the parent with whom they wish to live. A parent can file a motion with the Court requesting a modification to the parenting agreement, in which case the child’s wishes can be considered by the Court, but there is no guarantee the Judge will rule in favor of the child’s request. To what extent the Court takes the child's wishes into consideration completely depends on the child' maturity, the reasonableness of the request, and to what extent the Co …

Marc Anthony Files to Divorce Jennifer Lopez

Singer Marc Anthony has officially filed for divorce from Jennifer Lopez, his wife of 7 years. Anthony has cited "irreconcilable differences" and has requested joint custody of their two children. Mr. Anthony and Ms. Lopez have four-year-old twins, Max and Emme. Anthony filed to dissolve the marriage on Monday, after almost nine months after they announced their intention to separate.   In June of 2011, the pair made an announcement to the media: "We have decided to end our marriage. This was a very difficult decision. We have come to an amicable co …

Child Support or Parenting Time Issue in Northern Colorado?

Call The Harris Law Firm, with offices in Denver and Fort Collins, to schedule a consultation with one of our lawyers to discuss your Colorado Family Law issue. The Harris Law Firm handles cases throughout Northern Colorado: Fort Collins, Greeley, Loveland, Weld, Larimer, etc. . Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you …

Online Child Support Calculator

  Child support calculator:     http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=94   This is also available from the Resource Section of The Harris Family Law website under CHILD SUPPORT AND PARENTING TIME: www.harrisfamilylaw.com Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult …

Colorado Child Custody & The Allocation of Parental Responsibility

The Harris Law Firm is Colorado's Family Law Team. The firm focuses exclusively on domestic relations matters in the State of Colorado, and Colorado family law is our only practice area. When you consult with one of our 18 attorneys regarding the allocation of parental rights and/or parenting time and child support issues, the expert legal advice that you receive will help you understand your rights and options according to Colorado law. When you retain The Harris Law Firm, the many years of combined experience provided by our team of family law attorneys will ensure t …

A Judges Thoughts on Colorado Divorce and Custody

 Please read this interesting blog post regarding the thoughts of a family law court judge who rules on divorce and custody cases:  A few weeks ago I had lunch with a judge whom I respect very much.  We were talking about difficult parenting discussions I have had with clients and she stopped me with this story:   “Do you know what I say to couples who turn up in my courtroom?  First, I ask them what they are doing in my courtroom.  They explain they are there to settle a custody issue.  I then ask them, "Do you love your children?     …

Reasons for Supervised Parenting Time in Colorado

  The courts have various reasons for the implementation of supervised parenting time in the State of Colorado: 1. If a parent has not been actively involved the child’s life and is being introduced or reintroduced, the courts often order that the parenting time be supervised during the early stages of the process. 2. If a parent has a medical issue that could compromise the safety of the child, the courts may order that supervision is necessary.   3. If a parent has been found to be neglectful of the child in the …

Are extraordinary expenses for medical expenses added to Colorado child support?

Adjustments for health care expenditures for children. (a) In orders issued pursuant to this section, the court shall also provide for the child's or children's current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current a …

Calculating Child Support Using Imputed Income

  Income can be imputed when one parent is not employed because they are begin supported by a new spouse  In order to determine the amount of income to be used in the calculation, you would obtain the highest income they ever received, the income from their most recent job, or you could use minimum wage if the non-working spouse did not have a college degree, significant job training, or much work experience. Currently the monthly income for minimum wage is $1,324.57 You must determine which amount is the most appropriate to calculate support. Located in Denver (303) 299-94 …

Be a Better Co-Parent in 2012!

1. Try not to criticize your child's other parent. You and your ex will never parent your children in the same way, so at some point you must accept this fact and move on. Try not to be so judgmental 2. Your kids need you to accept their other parent. In time your children will know why you divorced. There is no need to share the details with them. Let your kids love and respect their other parent, and have a meaningful relationship with them. Remember that a less than adequate spouse can often be a very good parent. 3. Be the parent you …

Do you have a child support or parenting time issue in Northern Colorado?

Call Colorado's Family Law Team! The Harris Law Firm now has offices in Denver and Fort Collins. We handle divorce, legal separation, post decree issues, as well as matters regarding child support and parenting time. If you have a case in Northern Colorado, call us to schedule a consultation:  303 299 9484 Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in …

Do You Have a Child-Related Legal Matter in Colorado?

Colorado Child Support and Parenting Time: As a preliminary matter, in Colorado the commonly used term "custody" has been statutorily replaced with the legally mandated term "allocation of parental responsibility." The legal term “parental responsibility” encompasses both parenting time and decision-making responsibilities. Colorado law favors meaningful and continuing contact between both parents and the child following a divorce. Couples that go through a divorce usually arrive at a parenting plan in one of two ways: Either the parties come to an agree …

Divorce Attorney Jennie Wray Handles CO Family Law Cases for Military Personnel

This case represents a victory for military members and how the Court system can accomplish the right thing with good lawyering. This was an allocation of parental rights case(APR), and both parties are in the military. The Father stationed in Florida, and the Mother lives in Colorado.  Back in February 2011, the Mother, who is the opposing party. filed her APR regarding a 6 month old child.  The Mother was extremely restrictive regarding what, if any, time she would allow the Father to have.  She insisted if he wanted parenting time, it must be supervi …

Do You Have a Family Law Matter in Northern Colorado?

Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you understand your rights and options according to Colorado law. And when you retain this AV rated firm, the many years of combined experience provided by your legal team will ensure that the resoluti …

Keep Your Kids Safe on Halloween!

Tips for parents to share with children about trick-or-treating: Cross at intersections only Never cross a street by walking between parked cars Before crossing, look left, right and then left again, and remember to also listen for traffic Wear light-colored or reflective clothing at night If there is no sidewalk available, walk as far off the roadway as possible on the side of the road, facing oncoming traffic Obey all traffic signs and signals Carry a flashlight during the evening hours

Colorado Family Law: Medical Marijuana Use is Not Necessarily Endangerment

  In re Marriage of Parr & Lyman, 240 P.3d 509, 512 (Colo.  App. 2010)   Rule:  Medical marijuana use is not necessarily endangerment   Facts:  Father agreed to a parenting plan with a UA  requirement to ensure he didn’t use marijuana.  A week after he signed the parenting plan, and the same day the judge entered the decree,  the State approved his medical marijuana application.  He filed a pro se motion to remove the UA provision from the parenting plan, but the magistrate denied his motion.  He filed a timely motion for ma …

Become a Fan of The Harris Law Firm on Our New Facebook Page!

Become a Fan of The Harris Law Firm on Our New Facebook Page! Attention Harris Friends:? As of September 23rd, The Harris Law Firm will be closing our Facebook account, and creating a new business account!? Please "Like" us and become a fan of the Firm on our new Facebook page!   http://www.facebook.com/pages/The-Harris-Law-Firm-PC/172565999450362?ref=ts)  

Read About the Rights of Unmarried Fathers

If you are an unmarried father, or would like to know more about their rights, check out our Fathers Rights page: http://www.harrisfamilylaw.com/rights-of-unmarried-fathers Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you understand your rights …

Free Questions About Our Colorado Divorce Seminar!

Come to our free "QUESTIONS ABOUT DIVORCE" seminar on Thursday, August 18th from 12 to 1 pm. Located at: The Harris Law Firm 1125 17th Street - Suite 1820 Denver, CO 80202   Please RSVP- Space is limited! 303 299 9484

Allocation of Parental Rights for Lesbian Couples

Every family law practitioner has a war story or two concerning parenting actions between unmarried parties. For many lawyers, custody battles between unmarried parties can be considerably more contentious than the typical custody battles found in dissolution of marriage matters. There are several theories for why APR disputes seem to surpass dissolution disputes in length, cost, and emotional damage. However, whether or not the reason has to do with a dynamic unique to unmarried partners: children which may not have been “planned” or parties who never intended to be tied together …

Child Support Enforcement

Child support is generally paid via: 1. Payments made directly by the payor to the recipient 2. Payments via an income assignment from the payor's place of employment to the recipient 3. Payments from the payor to the Family Support Registry for the benefit of the recipient   Colorado has various methods that a family law attorney can pursue regarding the collection of back child support: 1. Issuing an income assignment 2. Filing a verified entry of support judgment and affidavit of arrears. When judgem …

Parenting Time Via Skype

Online Parenting Time: Divorced parents are often separated from their children by great distances. Skype or other online internet communication technology, such as Skype or Google Talk, can make it easier for parents and children to stay connected. Even babies and small children who can’t talk on the telephone satisfactorily, are often able to relate to a person they see on the television or computer screen. Experts say that parenting can be accomplished even from long distances if the parent is patient and willing to work at the child’s level. If a chil …

When Can a Child Decide on Parenting Time?

In the State?of Colorado, there is no statute that references a specific age at which a child can determine the parent with whom they wish to live. A parent?can file a motion with the Court requesting a modification to the parenting agreement, in which case the child’s wishes can be considered by the Court, but?there is no guarantee the Judge will rule in favor of the child’s request. To what extent the Court takes the child's wishes into consideration completely depends on the child' maturity, the reasonableness of the request, and to what extent the Court perceives the child's …

A "Must Read" New Book for Single Parents!

A "Must Read" New Book for Single Parents!  Kicking Butt as a Single Parent by Bill McLeod has 99 tips that every single parent must have!  Go to Amazon.com to order now! Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you und …

The Under-Employed Parent and the Calculation of Child Support

  Both parents are responsible for supporting their child. If one parent is accused of being under-employed, the court could say that they might be able to earn more, but that they are not shirking  their responsibility and the court may rule not to impute income to them.If you have similar situation and are considering going to court, it would be wise to have a lawyer review your situation and give you perspective. It is also a good idea to check out the actual difference in the child support to see whether the issue is worth arguing  - go to www. …

Having Coffee with Your Kids New Step-Mom

The first meeting between the divorced mom and and the new stepmom is going be awkward, but plan a meeting anyway. Call her, and set up a 30 minute meeting to have coffee and talk about the kids. Your ex-husband's new wife is going to have an influence on your children, so getting off to a healthy an positive start with her is important not just to your peace of mind, but also for your children. A one on one meeting between the two of you will humanize your relationship and can help to create a foundation for working to …

Colorado Family Law and Complex Family Issues

In 2006, the U.S. Census Bureau defined family as "two or more people who are related by blood, marriage, or adoption who are residing in the same house together." Only five years later, in 2011, what we now define as "family" still includes the "traditional" family of a husband, wife and 2.5 kids, but also includes same sex couples, single parents, and married and unmarried couples. Families now include international adoptions, foster children, and step children from both parents. Blended families have become a social norm because people …

Maria Shriver Hires Divorce Lawyer: Will She Terminate Her Marriage?

Former California First-Lady Maria Shriver has hired Laura Wasser, Esq. a  prominent Los Angeles domestic relations attorney. It has been reported that Shriver hired Wasser prior to the breaking news that her husband, Arnold Schwartzenegger, had fathered a child with a member of their household staff. Whether Ms. Shriver intends to file for a legal separation or the dissolution of marriage is still not clear, but the Kennedy women have a long history of putting up with their husbands' extra marital affairs. However, Maria is from a different generation and may not be a …

Rich Harris Comments on Parenting Time and the Best Interests of Children

The State of Alabama is currently weighing proposed changes to their child custody laws aimed at uniting broken families. Rich Harris, President and Managing Partner of The Harris Law Firm, Colorado's largest family law firm, commented on this on Monday, "Legislation like this, while perhaps well-intentioned, is harmful to kids. There should not be any presumption, other than kids deserve the best, healthiest home environment. Sometimes that is with dad, but sometimes that is with mom. Mandating forced equal parenting, when one parent is uninvolved or whose work schedule prevents it, simp …

Free Questions About Divorce Seminar

Free Questions About Divorce Seminar hosted by Margaret Walker, Esq., a senior family law attorney with The Harris Law Firm Topics covered will include Colorado divorce and the allocation of parental rights (custody, parenting time, visitation, and child support) Please RSVP for this FREE DIVORCE SEMINAR at The Harris Law FIrm by calling 303 299 9484 Space is limited

Remember to Address the Issue of Grown Children

Older couples who file for divorce often have children who are no longer minors. But the fact that custody and parenting time issues do not exist, does not mean that the best interests of the children are being addressed.  If you are a parent with adult children, think about creating a financial plan, such as a trust,  that  clearly defines how you will distribute your assets to your children in the event of your passing. Otherwise, it is more likely that your new spouse, and/or his or her heirs, who will become the n …

Try a Free Co-Parenting Calendar!

Finally a co-parenting calendar for divorced or separated parents! To obtain a free and easily shared calendar with your co-parent, just call Co-Families at 720 221 7797 or email them at info@cofamilies.com  

The Complexity of Famliy Law Cases for the Non-Traditional Family Continues

Per the lawyers at The Harris Law Firm, Colorado's family law team: Until we have laws that govern same-sex marriage, the family law cases associated with these non-traditional families is going to continue to be highly complex. A recent decision by the Texas Court of Appeals illustrates the complexity of one particularly ugly gay divorce. The partners lived in Houston but they traveled to Canada in 2003 to get married and then they registered as domestic partners in California in 2005. Because of the restrictions on gay partnerships and parentage in Texas, they arranged for a surrogate in C …

Survey Shows Society Still Believes in the Nuclear Family

According to a recent report by the Pew Research Center, many respondents indicated that most people agree that kids are better off when being raised by both parents. The survey indicated that 7 out of 10 respondents said that single women raising a child without the benefit of a male partner was a problem because they were concerned that working women abandoned by their husbands cannot devote as much time to the children as the children need. Of the people who participated in the survey, 74 percent of men say that kids are better off when both parents are involved,&n …

Will Denise Richards File to Modify Her Parenting Plan with Charlie Sheen?

Per the lawyers at The Harris Law Firm, family law courts hold modifications to court -ordered parenting schedules to a very high standard. Child endangerment is one of the reasons that the courts will consider when a party has filed to modify parenting time. Denise Richards, former wife of actor Charlie Sheen, recently talked to the press following her ex's recent hospitalization. She said that she will not allow her children to be supervised by Charlie's guests when he is overbibing during his parenting time with their two young daughters. If she files …

How do Colorado Judges Address Child Support and Parenting Time?

Before the Judge rules regarding the allocation of parental responsibilities (child support and/or parenting time), he or she bases the decision on Colorado's ”Best Interest of the Child Statute“. The Colorado statute specifically states that there should be “frequent and continuing contact” between the children and both parents, unless a parent presents a danger of physical or psychological harm to the children. Evidence of such danger might be explicit, such as a conviction for domestic violence, another violent crime, or a crime th …

Nineteen is the Age of Emancipation in Colorado

Many people assume that eighteen years old is the age in which children are emancipated. However, in Colorado, children are emancipated at the age of nineteen. Therefore, parents have a child support obligation until each child reaches the age of nineteen. Normally the parenting plan stays in place until each child reaches the age of eighteen or has graduated from high school. In addition, some parenting plans include agreements that encompass post-secondary schooling. The Court does not have jurisdiction to force the parties to make agreements for the child past this age, but the parents ma …

Inheritance Rights for a Relinquished Colorado Child

    When a Colorado birth parent relinquishes his or her parental rights under the Colorado Revised Statute Title 19 Children's Code, what rights does the child have to inherit? It depends if the child is subsequently adopted. Under C.R.S. 19-5-104(5), after a relinquishment, the relinquishing parent or parents no longer have legal rights or obligations to the relinquished child. However, the relinquishing parents have a support obligation to the child. Likewise, a relinquished child's status as an "heir" does not cease at the time of relinquishment and the child …

A New Twist on the Traditional Family Relationship

To see this article by partner, Stephen Vertucci, Esq. in it's entirety, please click here: http://www.harrisfamilylaw.com/a-new-twist-on-the-traditional-family-relationship When we think of an heir at law, we usually think of intestate estates—that is, dying without a Last Will and Testament. When we think of adoption, we usually think of an adult adopting a child. A stepfather adopting his wife’s young son, for example. But there is another kind of adoption. Colorado specifically provides for the adoption of an adult, too.

Courtney Cox and David Arquette Agree to Separate

Courteney Cox and David Arquette, parents to 6-year-old daughter Coco, have agreed to a trial separation. In a recent statement, the couple said: “The reason for this separation is to better understand ourselves and the qualities we need in a partner and for our marriage. We remain best friends and responsible parents to our daughter and we still love each other deeply. As we go though this process we are determined to use kindness and understanding to get through this together.We are comfortable with the boundaries that we have established for each other during this separation and we h …

Can My New Spouse Adopt My Child?

In order to file for a step parent adoption,in the State of Colorado you have to file a motion with the court to have the biological father’s parental rights terminated before your new spouse can adopt the child. The Harris Law Firm can help, and we have an attorney who specializes in the area of step-parent adoption and termination of parental rights cases. Our firm will ensure you have the proper guidance thoughout the  Colorado Step Parent Adoption process. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris L …

Couples With Daughters More Likely to Divorce

        By COURTNEY HUTCHISON, ABC News Medical Unit Little girls may be sugar and spice and everything nice, but having a daughter might boost a couple's risk of divorce, according to 2000 census data. Not only did researchers find that couples with sons are more likely to stick together, unmarried pregnant couples were more likely to have shotgun weddings if the baby was going to be a boy and divorced mothers of boys are more likely to remarry and stay remarried. Does this mean that daughters are matrimonially risky and sons are marriage saviors? Not so fast, psych …

Divorce for Law Enforcement Professionals

Read a recent article by Kevin Massaro, Esq., Of Counsel, with The Harris Law Firm: http://www.harrisfamilylaw.com/worsethan-gunfire-divorce-and-law-enforcement-professionals Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you understand your righ …

Couples Using Mediation to Reduce Cost of Divorce

Couples Using Mediation to Reduce Cost of Divorce Our current recession, which has been the most brutal economic downturn since the Great Depression, has also affected the nation’s divorce rate. The reluctance for many couples to delay divorce is based in part on their devalued assets and increasing debts. According to the most-recent S&P/Case-Shiller national index, at the end of the first quarter of 2010 average home values were down almost 31% from their high in mid-2006. Many portfolios have been ravaged as the Dow Jones Industrial Average fell 28% from October 2007 to August of …

It's Time to Review Your Parenting Plan

August is Colorado's month to register children for school. It is a good time to review your parenting plan to see which parent, or if both parents, are to decide which school the children should attend and who is to register the children. If one parent has "sole decision making" regarding the education of the children, then it is usually that parent who is expected to decide which school the children should attend, and then register the children. When the parents share joint decision making, the parents should discuss the children's school options, and then make a joint d …

Relocation Cases Following a Colorado Divorce Can Be Highly Complex

If you or your spouse are planning a relocation that is in contravention to your parenting plan, you should speak with a skilled Colorado family law attorney to discuss this issue. Relocation cases can be highly complex and The Harris Law Firm has two attorneys who focus on this specific legal matter.

Collecting Current or Past Due Child Support Via Income Withholding

Child Support Enforcement has the authority to deduct from a person's income for current or past due child support. An income assignment is issued to the obligor’s employer to deduct child support from wages or other income.

Using the Colorado Child Support Registry

Family Support Registry The Family Support Registry (FSR) is Colorado's centralized collection and disbursement unit for processing child support and maintenance payments. The FSR is responsible for activities associated with payment processing, such as: Address changes Payment inquiries Payment records Advantages of Using the Family Support Registry   Provides an accurate and easily accessible legal record of all payments received on your account Easily accessible payment records State-of-the-art technology to ensure fast, efficient, and …

Father's Rights

The 16 family law attorneys at The Harris Law Firm focus exclusively on Colorado domestic law. Cases includes those associated with divorce, legal separation, the allocation of parental responsibility, post-decree modifications of parenting time and child support, step-parent adoptions, and orders of protection.  The Harris Law Firm also specializes in Colorado Father's Rights and represents men going through difficult divorce, child custody and child support matters. By being advocates of father's rights, we have found that the rulings of Colorado Courts are less gen …

"Plan for the Worst"

  During a recent appearance on the Tom Martino radio show, Harris Family Law partner Mike Cheroutes cautioned parents handling their own divorce or APR cases to be sure to "plan for the worst" when drafting parenting time agreements. Mr. Cheroutes pointed out that parenting plans are generally drafted at a time when parents are getting along (at least enough to agree on a parenting schedule), but are interpreted at a time when the parents are in conflict. Among other things, parenting plans should always state specifically what the parenting time will be in case of a dispu …

Child abduction – Not returning the child at the end of parenting time.

If your child is spending time with their other parent in a state other than the one that issued the original order, it is wise to file the order in the new state. If the parent in the new state does not follow the original order and, for instance, refuses to return the child on time, you will already have a case in the new state. This will make it easier for you to ask for help from the new state to enforce your valid order. You will need a certified copy of the order along with a Petition to have the new state recognize the order. The new state does not have the power to change the order. It …

Modifying Child Support

        In this time of economic change, people are losing job and benefits. They wonder how they will pay their child support. Child support can be modified any time that there have been changes in the income or expenses of the parents (or the children) that would result in a 10% change in the child support amount. Child support can only be changed going forward from the date that the motion to modify child support is filed with the court. This means that it is important to file the Motion to Modify Child Support as soon as the change occurs. The only exception to this …

There are No Perfect Parents

        There is no such thing as a perfect parent because parenting is much more of an art than it is a science.And if perfection were required, no one, not even the psychologists evaluating the needs of the children, or the judges deciding the case, would pass the test. However, in the context of divorce, we often see parents expecting and even demanding that the other parent achieve perfection. Some parents get upset because the children are playing sports, or riding four wheelers with their grandparents, or that they’re not fed a certain wa …

Co-Parenting Tips- How You Can Make it Work!

Obtaining a divorce does not end your parenting relationship with your former spouse, and co-parenting, or raising your children as a team when you are no longer a couple, can be challenging at best! Co-parents must learn to work together and rely on each other in order to successfully raise their kids. It is important to remember that regardless of what you two went through together and no matter what the reasons were that you decided to separate, it is important to your kids that you two can interact in an effective and peaceful manner for their benefit and well-being. Try the followin …

Family Law Judge Publishes "The Good Karma Divorce"

The dissolution of a marriage is one of the most painful changes a family can endure, but domestic relations judge Michele Lowrance says that it is possible for all concerned to have a positive divorce experience. In her recent publication, "The Good Karma Divorce," the judge offers helpful suggestions and strategies ensure that the process remains civil and professional. Ms. Lowrance recently shared some of her strategies, particularly those for helping your child through a divorce, on Good Morning America today. You can read an excerpt from "The G …

Bringing Sean Goldman Home

The Brazilian Supreme court ruled yesterday that nine-year-old Sean Goldman currently residing in Brazil be returned to his father, David Goldman, a U.S. citizen. The decision in this custody case came just after another ruling that was issued days earlier ordering Sean Goldman to remain in Brazil. Sean Goldman's Brazilian grandmother and stepfather allegedly said they would not appeal the court's decision because they want Sean to suffer. Previously, the boy's Brazilian family insisted Sean's interests were not being considered, saying the trans …

Judge Rules in the Best Interests of the Balloon Boy

The balloon boy’s supposed life-threatening journey in a runaway balloon had the attention of entire nation last October. But it will be years before his parents, the perpetrators of the hoax, can reap any monetary benefit financially from the stunt.  Richard Heene, an out of work actor hoping to secure a reality television show, was sentenced yesterday to a 90 day jail term, and his wife is to serve 20 days.  Both terms included four years’ probation during which they cannot earn any money related to the stunt. Mr. Heene apologized …

Free Family Law Seminars by the Denver Bar Association

Every third Tuesday of each month, the Denver Bar Association provides a Free Legal Seminar to address Family Law concerns. Jennie R. Wray and Carla Scarpone from The Harris Law Firm contribute to these Family Law Seminars every other month and address issues surrounding divorce, child custody, child support and legal separation.

The Harris Law Firm Also Offers Mediation

The Harris Law Fim also offers alternative dispute resolution via mediation. Our mediators are: Margaret Walker, Kevin Massaro and Carrie Eckstein For mediation services at The Harris Law Firm: Please call us at 303 299 9484 Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert lega …

Tiger and Elin Headed for Divorce

Mrs. Tiger Woods, Elin Nordegren is reportedly retaining one of the best divorce attorneys in the country to end her troubled marriage to Tiger Woods. She has consulted with Mr. Sorrell Trope, the dean of Hollywood’s most illustrious divorce lawyers. Nobody has more experience at tearing celebrity marriages asunder than Mr. Trope who began practicing family law in 1949. His  star clients span the generations from Cary Grant and Rod Steiger to Nicole Kidman, Nicolas Cage, Hugh Grant and Britney Spears. While Trope is no expert on the law in Florida …

Resolving Disputes Via Mediation

Mediation is a less stressful alternative to resolving your family issues in a Colorado courtroom. Although it is not unusal for family law issues to settle just before the hearing after significant delays, high drama, adversity, and enormous legal costs, the costs of litigation include monetary expenses, extensive time and energy, hard feelings, and the deterioration of communication and relationships. Also, these altercations may set the stage for future battles, and a vicious cycle of future conflicts begins. Keep in mind that while many conflict …

Is it too late for Tiger?

It has been reported that Tiger Woods' wife Elin Nordegren has moved out of their marital home, and has consulted with several divorce lawyers regarding a possible separation following the Christmas holidays.  Apparently Elin has been recently photographed without her wedding band that she has worn throughout the five-year marriage.  Tiger, however, now appears ready to fight for his family, and announced on Friday he was taking an indefinite break from golf in a bid to save his marriage and become a "better husband, father and person."

Orders of Protection

Orders of protection can be obtained by individuals to prevent stalking, abuse, or the threat of abuse.  At the initial court appearance, the protected party may receive a temporary protective order. Approximately 14 days later, the protected party must attend a second hearing to make the temporation order of protection permanent.  The restrained party must attend in order to contest the order. Both parties must meet the court's procedural requirements and provide the burden of proof to either enforce, or contest a protection order. Locat …

Addressing Vacation Time with Your Kids

When establishing a Parenting Plan, divorcing spouses should remember to draft an agreement that addresses additional parenting time designated specifically for vacations. Parenting time for vacationing supersedes regular parenting time and the duration is very often for several weeks during the children's vacations from school.  This designated time may be scheduled by both parents, but all plans must be clearly communicated to avoid any issues. For example, the Parenting Plan may state that the parents will inform each other of their vacation plan …

The Determination of Paternity - Who's Your Daddy?

Michael Cheroutes, Jr., a partner at The Harris Law Firm say, "The father's name that appears on the birth certificate is not the final determination of paternity.   Generally, the father who is named on the birth certificate can institute a paternity proceeding and request genetic testing to dispute paternity up until the time the child is five years old."

All Star's Wife Files for Divorce in L.A.

Shaquille O'Neal's wife, Va'Shaundya O' Neal has filed for a legal separation from the All Stars center.  On November 9th, Mrs. O' Neal filed for a legal separation with intent to divorce in Los Angeles. She cited irreconcilable differences and is seeking spousal, child support and full legal custody of the couple's four children. "This is a difficult time for our family, and we request that the media respect our privacy," Shaquille O'Neal said. "I will continue to focus on being there for our children and I am confident that Shaunie will do the same." The O' …

Attorney Jennie Wray to Ski at the Pink Chase Fundraiser!

"Pink Chase" is an upcoming fundraiser that will allow women of all ages and disciplines to get involved in an all women's snow event! Attorney Jennie Wray with The Harris Law Firm will help make a difference by participating in this fundraiser for the Breast Cancer Research Foundation (BCRF)! Eveyone will have the oppportunity to win great prizes and have a ton of fun skiing and riding with the K2 Alliance, their friends and other women teams for a day! On December 12th, 2009 at Keystone Resort, CO, teams of 3 women will compete against each other by trying to ski …

Claiming Your Child as a Tax Deduction

Unless otherwise agreed upon by the parties, the Colorado court shall allocate the right to claim dependent children for income tax purposes between the parties. These rights shall be allocated between the parties in proportion to their contributions to the costs of raising the children. A parent shall not, however, be entitled to claim a child as a dependent if he or she has not paid all court-ordered child support for that tax year or if claiming the child as a dependent would not result in any tax benefit. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris La …

Not yet Divorced Mel Gibson has a New Daughter

On Friday, October 30th, Mel Gibson's partner, Oksana Grigoreva, 39,  gave birth to their first child, a daughter they have named Lucia. Grigorieva, a pianist and songwriter, has a teenage son with former James Bond actor Timothy Dalton. Gibson, 53, has seven children with estranged wife Robyn, who filed for divorce to end their 28-year marriage in April of this year.

Corey Feldman's Wife Files for Divorce

Corey Feldman's wife has filed for divorce after seven years of marriage. Court records show Susannah Feldman - who married the Goonies star in 2002 - filed for divorce last week and cited irreconcilable differences as the cause of the split.  Feldman, who found fame in the 80s with movies such as The Goonies, The Lost Boys and Stand By Me, has a five-year-old son with his wife.  Susannah Feldman is seeking sole custody of the child, with visitation rights for the actor. She is also seeking an unspecified amount of spousal support.

Divorce May Benefit Her Career

Actress Robin Wright Penn thinks her film career will benefit from her impending divorce from Oscar-winning actor Sean Penn. Ms. Wright filed for divorce from Penn in August of this year citing irreconcilable differences. This was the third time the couple filed for the dissolution of marriage, and she says that she is now ready for a new beginning. Wright wants to focus on her career now because she is single and her two children with Penn are older. Hopper is 16 now and Dylan is 18. In a recent interview, Ms. Wright said: "I turned down so many films b …

The Balloon Boy: a continuing saga

Rich Harris, President of The Harris Law Firm, commented yesterday on the "Balloon Boy" incident. His interview with Channel 7 News regarding possible social service involvement aired at 10 pm on Monday, October 19th: "People need to be careful about assuming these kids are in harms way," said Harris, " And removing these children from the home may not be in their best interests." As a board member with The Adoption Exchange, Harris is aware that foster care is difficult and not always better than a child's current situation at home. …

Balloon Boy - Is it Abuse?

Balloon Boy – Is it Abuse? There is a public outcry over the recent incident involving 6-year old, Falcon Heene.  Heene’s parents, Richard and Mayumi, of Fort Collins, Colorado, are under criminal investigation by the Larimer County Sheriff’s Office for, among other things, contributing to the delinquency of a minor, false reporting, and other crimes.  Since flights were apparently disrupted at DIA, federal charges may also be forthcoming.  People around the country, indeed, around the world, are understandably outraged at what now appears to have been a taw …

Have the Parents Endangered Colorado's Balloon Boy?

In spite of public outcry to have Colorado Social Services remove the “Balloon Boy” from his parental home, the question remains, “Is there enough evidence to support child endangerment?” The bizarre balloon incident took place on October 15, 2009, and attracted world-wide attention when six-year-old Falcon Heene from Fort Collins, Colorado was mistakenly believed to be traveling at altitudes reaching 15,000 feet in a homemade helium balloon. Although charges have not been filed, authorities expect to recommend felony charges including conspiracy and contributing to the …

International Child Abduction in Japan

On Friday, October 16th, U.S. Ambassador John Roos and ambassadors from Australia, Britain, Canada, France, Italy, New Zealand and Spain urged Japan to resolve a growing number of international child custody disputes.  On October 15th, Japanese police freed an American man accused of abducting his own children. Japanese law currently allows only one divorced parent to act as custodian, and in these cases, the custodial parent is usually the mother. Unfortunately this leaves many dads without parenting time until their children have reached the age of majority.&nbs …

Can My Ex's Paycheck Be Garnished?

When there are Court Orders for child support or maintenance,  the Court can order up to 60% of the parties disposable income to be garnished when the support remains unpaid. An additional 5% may be garnished for support payments that are over 12 weeks in arrears

Christy Brinkley's Ex-Husband Wants Her in Jail

    A year after their divorce,  supermodel Christy Brinkley and her philandering ex husband Peter Cook fought a new battle in a New York courtroom yesterday. Both parties charged the other with violating terms of their settlement. Unable to come to an agreement, a subsequent hearing will be held on Tuesday. Peter Cook, whose affair with a local teenager ended their marriage, claims Brinkley is trying to alienate their 2 kids from him. Cook claimed that Brinkley's refusal to provide him with their son's passport resulted in the child being unable to go on a school trip to …

Can I Be Denied a Passport if I Owe Back Child Support?

You may be denied a passport by the Department of State if you owes more than $5,000 in child support arrearages pursuant to federal law.  It depends, in part, on whether a human services agency has contacted the Department of State and placed a hold for non-payment.

Kate Plus Eight, Plus Alimony?

Jon Gosselin Puts Divorce On Hold   Jon Gosselin could be angling for maintenance as the reality TV star since he has delayed his divorce from Kate Gosselin. The news comes on the same day that Jon Gosselin's starring role was eliminated from the reality show "Jon & Kate Plus 8." Gosselin's lawyer filed to delay the divorce by as much as 90 days. Jon Gosselin is telling the press he wants to postpone the hearing in order to have the time necessary to improve his relationship with his wife for the benefit his children. "I regret my conduct since Kate …

Divorcing when one party is living out of state

If you can work out an agreement with your soon to be former spouse, you do not necessarily have to be present for any part of the proceeds.   Most of the work can be accomplished via mail, phone, fax, or email, but in the event that there is a trial you would likely want to be present for that.  Please note that some judges are very flexible about telephone testimony, but others require attendance in person. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and …

Judge Rules in the Best Interest of the Dog

How Much is that Doggie in the Courtroom?For now, the legal fight about Dexter the dog is over, but at least one"parent" isn't happy with a judge's custody decision. New Jersey Family PartJudge John Tomasello said Dexter must spend equal time with Doreen Housemanand Eric Dare. Judge Tomasello ordered  the former couple to share custodyof Dexter, after the pair paid lawyers more than $40,000 in fees. The judgeruled that the dog must spend equal time with Doreen Houseman and Eric Dare.The case may set a precedent for courts to look past how much a pet cost,and instead consider the subje …

Jon and Kate Plus 8 Divorce to be Delayed

Jon Gosselin’s divorce lawyer has dropped him as a client, according to Pennsylvania court records. Charles J. Meyer — an attorney with the Pennsylvania-based Elliot Greenleaf firm — filed a petition with the Montgomery County, Pa., court system to withdraw as Jon's counsel. His divorce from wife of ten years, Kate, was set to be finalized in October, but now the process likely will be delayed.

Can My Former Spouse Relinquish Her Parental Rights?

The relinquishment of parental rights is possible when a step-parent adoption is going to occur. The courts do not want a biological parent to surrender their obligations to a child before there is step-parent willing to assume the legal responsibilities associated with the raising of a child. Until then, the custodial parent should seek to obtain child support from the other parent for the present and future benefit of the child. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado …

Hugh Hefner to Divorce Wife of 20 Years

After an 11-year separation, Playboy magnet, Hugh Hefner filed for divorce from Kimberly Conrad in Los Angeles County, citing irreconcilable differences.  Hefner and former playmate, Conrad, were married in July 1989 but separated nine years later. Conrad continued living next to the Playboy mansion with the support of Hefner who paid Conrad $250,000 a year, pursuant to their prenuptial agreement.

Free Seminar at The Harris Law Firm

The Harris Law Firm's free "Questions About Divorce Seminar" will be held on Tuesday, September 15th from 12 pm to 1pm at the firm. The Harris Law Firm is located at 1125 17th Street, Suite 1820, Denver, CO 80202. To RSVP, please call 303 299 9484. Space is limited!

Cook's Business Thrived During Divorce from Christie Brinkley

Christie Brinkley's cheating ex-husband Peter Cook is benefiting from the publicity surrounding the pair's messy divorce last year - the bitter court battle has revived his career. The architect and his supermodel ex endured a lengthy break-up, during which Brinkley accused him of harboring a porn addiction. The pair - who share two children - split after the model learned of her husband's 2004 affair with a teenage assistant, hearing the details from her love rival's concerned parents. But Cook insists he has not suffered too badly from the high-profile divorce - because it's made hi …

Alex White on KHOW -Tom Martino Show - 630 AM Radio

Alexandra White, a partner at The Harris Law Firm, was on the Tom Martino Show today at 12:30 pm discussing Colorado family law. Alex discussed Colorado as a no fault state, and how in cases where adultery is involved, the courts seek to have divorcing parties focus on the division of assets and the creation of a viable parenting plan rather than attempting to assign blame.

A Brief History of Legal Time

John H. Tatlock, an attorney for The Harris Law Firm, has written an article for the September issue of The Colorado Lawyer summarizing the sweeping proposed modifications to the federal rules that govern how court deadlines and time periods are computed. The Judicial Conference of the United States has adopted and recommended to the U.S. Supreme Court more than 170 changes to the federal, civil, criminal, bankruptcy and apppellate time-computation rules and deadlines. The proposed rules not only would alter current time-period calculations, but also would eliminate the "dual-track" …

Sean Penn and Robin Wright Penn File for Divorce...AGAIN

Actress Robin Wright Penn has filed for divorce from her husband of 13 years. Mrs. Penn filed for divorce from actor Sean Penn in Marin County on August 12, 2009. The couple married in 1996 and has previously filed for divorce on two separate occassions, only to dismiss their petition a short time later. The couple has agreed to share parenting time with their 16 year old son, Hopper Jack Penn.

"The Marriage-Go-Round"

The U.S. has the highest divorce rate in the world, but what is even more interesting is that "We divorce, repartner, and remarry faster than people in any other country," says Andrew Cherlin, a Johns Hopkins sociologist and author of the new book The Marriage-Go-Round. Because many of the people who create multiple marriages are also parents, American kids are more likely than those in other developed countries to live in a household with a revolving cast of parents, step-parents, and live-in partners moving in and out of their lives—a pattern that is not healthy for children. …

Out of State Parenting Time

If your child is spending time with their other parent in a state other than the one that issued the original order, it is wise to file the order in the new state.  If the parent in the new state does not follow the original order and , for instance, refuses to return the child on time, you will already have a case in the new state.  This will make it easier for you to ask for help from the new state to enforce your valid order.  You will need a certified copy of the order along with a Petition to have the new state recognize the order.  The new state does not have the powe …

New Guidebook for Those Considering Divorce

For individuals contemplating divorce, a free guidebook offers answers to many questions they may be asking themselves, and some they may not have even thought about. Brigham Young University professor of family life Alan Hawkins and divorce attorney Tamara Fackrell have teamed up to write "Should I Keep Trying to Work It Out? A Guidebook for Individuals and Couples at the Crossroads of Divorce." The 168-page guidebook is a cross between an encyclopedia of divorce issues and a workbook for couples who are trying to decide if they should end their marriage or try to work thr …

Good Friends are Key to Recovery for Recently Divorced Women

"A woman who's been married for just a few years is still very connected to her feelings of independence," said Florida psychotherapist and divorce counselor Lisheyna Hurvitz. "And her sense of herself as a separate human being is still whole and complete, whereas a woman who has been married for many years is more blended into a partnership. It takes longer for her to re-create a new identity. She can't just retrieve that old independent identity from all those years ago; she has to create a new one." That process takes time and courage, and depends heavily on a woman's …

No Regrets for Jon and Kate Plus 8

According to Jon and Kate Gosselin, the reality TV stars who recently filed for divorce, their decision to separate is not the result of a TV show filming their daily lives coping with their eight children. In her first interview since the couple announced on their three-year-old TV show in June that they were separating, Kate Gosselin told the Today show that she has no regrets about doing the series "Jon & Kate Plus 8," which airs on cable channel TLC. "I feel like it would have happened anyway, cameras on (or) cameras off," said Gosselin, who has twin eight-yea …

How is Overtime Factored into Child Support?

Overtime (OT) is only included in a party's gross income for child support if the OT is mandatory and required by the employer. If it is voluntary OT, it is not part of that person's gross income for child support purposes.

No More Wrestling With Parents Divorce

Brooke Hogan, daughter of wrestler "Hulk Hogan", was overjoyed when she heard the news that her parents divorce was over. Not the typical response of a child who parents are separating, but when the national tabloids are covering your parents divorce, it makes sense.  "I was relieved to hear that the divorce papers were finally signed, sealed and delivered", Brooke said in a recent interview, "They just were not good together and now it's over and everything is done. You guys dont have to hate each other anymore." Brooke Hogan currently has a reality TV show …

Agreeing to Disagree Can Save You Thousands

Because parenting is not an exact science, Colorado family law attorneys often rely on the expertise of Child and Family Investigators (CFI’s) when the parties disagree about children’s issues. Divorcing and divorced parents need to understand the father's parenting methods will very often differ from the practices utilized by the mother. Sometimes Dad's methods will be more effective, and on other occasions Mom's approach will create a far better outcome.  When former spouses are interacting peaceably, mistakes made by the other parent are often tolerated, but when there is s …

Divorce and Insurance

After a divorce action is filed, both parties are restrained,  without at least 14 days advance notification and the written consent of the other party or an Order of the Court,  from canceling, modifying, terminating, or allowing to lapse for nonpayment of insurance premiums, any policy of health insurance, homeowner's or renter's insurance, or automobile insurance that provides coverage to either of the parties or the minor children as a beneficiary.

Summer Vacations with Your Children

Some parenting plans require that a parent get approval from the other parent prior to travel, so it is important review the provisions prior to making your summer travel plans for your children. It the agreement is silent on the issue of traveling then no formal requirements must be followed, but as a matter of courtesy, the parent should provide the other party with ample notice, phone numbers where you can be reached and an intinary of all travel plans.

Mom of King of Pop Gets the Kids

Katherine Jackson will raise her son's 3 children under an agreement with the King of Pop's ex-wife, who will have visitation rights under the supervision of a child psychologist, attorneys said Thursday. The agreement calls for Michael Jackson's mother to remain guardian of the pop icon's three children, who range in ages from 7 to 12, in accordance with wishes spelled out in the singer's 2002 will. No money is changing hands as a result of the agreement, the statement said. Deborah Rowe, the biological mother of the two oldest children who has been largely absent from their lives, gets …

Congratulations to Attorney Margaret Walker!

Margaret Walker, Esq. has recently been elected to serve on the Family Law Section of the Colorado Bar Association. The attorneys and staff of The Harris Law Firm congratulate Margaret Walker!

Hulk Hogan a "Free Man"

Former wrestler Hulk Hogan is celebrating the end of his troubled marriage after finally reaching a divorce settlement with his estranged wife,  Linda Bollea,  on Tuesday.  Married for more than 20 years, the couple split in 2007 and reached an agreement in a Florida courtroom this week. The details have not been released, but Hulk Hogan, aka Terry Bolea, insists that he is happy with the deal. Speaking outside the courtroom, the retired athlete told reporters, " I am a free man!" The divorce is expected to be finalized in the coming weeks.

Kids Better Off With Both Biological Parents

Sara McLanahan, single mom, Princeton Sociologist and author of  "Growing Up with a Single Parent: What Hurts, What Helps" has studied children of divorce. Her research indicates that "Children who grow up in a household with only one biological parent are worse off, on average, than children who grow up in a household with both of their biological parents, regardless of the parents' race or educational background.

Runaway Mom's Husband Files for Divorce

The husband of Runaway Mom, Bonnie Sweeten, who once claimed that the couple "could get through anything", has filed for divorce. In May, Mrs. Sweeten claimed to have been abducted with her 9 year old daughter, but police discovered that she had staged the event. Although husband "Larry" has stood by his wife since she and the child were located in Orlando, it seems he has reached a breaking point. Mr. Sweeten has also filed for custody of the couples 11 month old daughter Faith. Mr. and Mrs. Sweeten have 3 daughters.

Can I Ask My Spouse to Move Out?

You can ask your spouse to move out of the marital home, but you cannot force the issue if he or she is on the title to the house.  If you have grounds to file for a temporary civil protection order, you can request that he or she be denied access to the premises for fear of imminent danger to your physical or emotional well-being. If you file for the dissolution of marriage, you may also seek a temporary order permitting you to remain alone in the marital home. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.&nb …

Battered Afghan Women Opt for Divorce Rather Than Suicide

With the help of a woman's charity, a number of women in Afghanistan have taken on patriarchal laws to obtain a divorce, still a taboo in the predominately Muslim state. One woman told of years of abuse that included severe beatings and consistent torture by her husband. She revealed scars on her feet and legs where her husband had applied electric shocks. Under Afghanistan's Islamic law, a woman who seeks to obtain a divorce from her husband must have his approval and she is required to have witnesses to testify in court that the divorce is justified. Conversely,  man can divorce a woman …

Modifying Child Support

Generally,  a parent can only modify child support when the end result will be a 10% higher or lower than the current amount. Changes in the amount of income, daycare expenses, health care expenses and changes in the amount of parenting tiem are all factors that can alter the amount of child support. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the be …

Medium Star Sees Future with Current Husband

In spite of having recently filed for divorce in Los Angeles County, Medium star, Patricia Arquette and her husband will remain married. Ms. Arquette and her husband, actor Thomas Jane, have been granted a dismissal of their divorce case that was filed in January. The couple married in May of 2006 and have one daughter.

Will a Modification of the Parenting Plan Supplant the Original Court

Generally, when there is a modification of a previous court order, it does supplant the original order. However, if there are aspects that were not dealt with in the modification order, it is possible that those portions will remain in effect.

Calculating Child Support When a Spouse has Remarried

Child support is only calculated using the custodial and non-custodial parents income. The Court maintains the right to deviate from the guidelines if it believes it is justified to do so, but in most cases the Court will follow the amount prescribed by these guidelines. If one parent is voluntarily unemployed because they have remarried and no longer need to work, it is possible for the Court to impute income to the non-working parent for child support purposes.

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When Paternity is Uncertain

If a man marries a woman who is pregnant at the time of their marriage, and paternity has not yet been established, if they decide to divorce, he can file a petition for paternity to determine parentage within 5 years of the child's birth date. If the test determines that he is not the father of the child, the mother will have to obtain child support from the biological father and her husbands name will be removed from the birth certificate. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively o …

It's Time to Bring Sean Goldman Home

Nine year old Sean Goldman was born in New Jersey to an American father and his Brazilian-born wife. Five years ago this week, Sean was taken by his mother to Brazil for what was supposed to be a two-week vacation, but they never returned. Since Brazil is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, what should have happened is clear. Under this treaty, one parent cannot flee the the legal jurisdiction where the child resides to obtain a more favorable court venue in another country to contest parenting time. Within 6 weeks of Sean's abduction, Bra …

Therapists Suggest Divorce Counseling for the Gosselins

When a salvaging a difficult marriage is beyond hope, therapists today will often suggest divorce counseling to help the couple get past their anger and create a civil relationship for the sake of the children. In the case of Jon and Kate and their 8 children, this is exactly what the mental health professionals are recommending. Divorce counseling is a relatively new concept in the mental health field whereby psychologists work with the couple to strengthen their communication and negotiation skills. When there are children involved,  the process also helps the couple to accept the end o …

Michael Jackson - the Husband and the Divorces.

Following allegations of sexual molestation charges involving a 13 year boy in 1993, Michael Jackson married Lisa Marie Presley in De La Vega, Santa Domingo in May of 1994. Although many have theorized that the marriage was publicity stunt created to cast Jackson in a better light, Presley has consistently denied this over the years. Citing irreconcilable differences, Jackson and Presley separated on December 10, 1995 and divorced in January of 1996. Presley now has 2 children from her 6 year marriage to musician Danny Keough. In November of 1996, Jackson married Debbie Rowe, a nurse he had …

Earl Spencer Plans Out of Court Settlement to Avoid Publicity

Lawyers for Earl Spencer, the 45 year old younger brother of Diana, Princess of Wales, plan to settle his divorce case with former wife, Countess Caroline Spencer, in order to keep the proceedings out of public gaze. The move followed the lawyers failure to insure that the bitterly contested proceedings would be held behind closed doors and away from the press. The court recently ruled that the media should be allowed to report the case, in line with new laws on coverage of family court hearings. The decision appears to have forced the pair to rethink how they felt about airing deeply personal …

The Long Distance Parenting Plan

When drafting a long distance parenting plan, it is important to consider the following: How far in advance must travel arrangements be made? How will you communicate with your former spouse about travel plans for your child? If your child is too young to travel alone, who will escort the child to their destination? How will you address travel expenses? Will both parents share in the expense? How will the other parent communicate with the child after they have arrived at their destination? Will they be able to communicate via email? Will they have consistent access to a …

Jon and Kate- Will their "Nesting" Arrangement Work?

Last night, after months of speculation, reality stars Jon and Kate Gosselin announced on their hit program that they were separating. Later in the show, text rolled across the screen indicating that a divorce action had been filed in Pennsylvania. Experts now wonder: What will happen to their 8 children? Will they be protected from the public spectacle of a messy divorce played out over the airwaves? Will they be spared the prying cameras as their parents navigate the family courts? One positive sign is the couple has, for now, decided to implement a parenting plan known as "nesting" …

Actors Jane Kaczmarek and Bradley Whitford to Divorce

Actress Jane Kaczmarek, formerly of Malcolm in the Middle, and actor Bradley Whitford, formerly of The West Wing, have filed for divorce in Los Angeles. Married since 1992, the couple  have children, Frances, 12, George, 9, and Mary Louisa 6.  A representative for Whitford has stated that the couple hopes the media will respect their privacy during this difficult time.

Post Decree Modifications on the Rise

Family law attorneys across the nation have noticed a significant increase in activity during the first and second quarters of 2009. A rising number of clients are filing motions to reduce their maintenance and child support payments due to a decrease in wages or lack of employment. The American Academy of Matrimonial Lawyers recently stated that 39% of the nations top divorce attorneys cited an increase in requests for lower child support payment, and an additional 42% reported a rise in the number of changes to maintenance payments. Located in Denver (303) 299-9484 and Fort Collins (970) 47 …

Unpaid Child Support Expected to Increase in 2009

About half of all annual child support in the U.S. goes unpaid. According to the National Child Support Enforcement Association in Washington D.C., only $13 billion, or 56%, of the $23 billion due was collected for fiscal year 2000. Due to the uncertainty regarding economic conditions that are affecting the globe, the amount of uncollected funds is expected to increase in 2009.

Details of Mel Gibson's Divorce to be Kept Confidential

The details of Mel Gibson's divorce - fiscal and otherwise - will not be for public consumption. A Los Angeles Superior Court Judge has granted Robyn Gibson's request to keep the details of her divorce from husband Mel Gibson confidential. The order, which was granted on June 5th, protects witness reports, depositions and tax returns and other financial information from being released. The ruling also forces both parties to keep silent about the settlement publicly. The couple has been married for 28 years and they have 7 children.

Usher Has Filed for Divorce in Atlanta

After two years of divorce rumors, the press reported yesterday that R and B singer Usher Raymond and his wife Tameka Foster Raymond have filed for divorce to end their brief marriage. It appears that Usher filed for divorce in Atlanta and moved out the martial home several weeks ago.  The Raymonds have 2 children, 17 month old Usher Raymond V, and 6 month old Naviyd Eli.

Rich Harris on 630 KHOW AM Today at 12:30 pm

Listen to Rich Harris on the Tom Martino Show today at 12:30 pm. Rich will be discussing Colorado Family Law. Tune into 630 KHOW AM!

Supermodel and Polo Player in Bitter Divorce

Former Victoria's secret model Stephanie Seymore and her polo playing billionaire husband Peter Brant are in the middle of a bitter divorce. Sources close to the couple say their separation has become a real life War of the Roses, a film starring Michael Douglas and Kathleen Turner.  Police were called to the couples estate twice last weekend, and once the weekend before when the windshield of a car on their property was smashed with a baseball bat. The couple have 3 children ages 4, 12, and 15 and Ms. Seymour is concerned about their safety. Mr. Brandts attorney says that Peter was 3,000 …

Actor Barry Bostwick to Divorce

The Rocky Horror Picture Show star and his second wife,  Sherri have cited irreconcilable differences as the reason for their divorce. They filed for paperwork for the Dissolution of Marriage in the Los Angeles Superior Court on Wedneday, June 2, 2009. Mrs. Bostwick is petitioning for custody of their 2 children, Brian, 14 and 12 year old Chelsea. She has also filed to terminate any claims he could make for spousal support. Actor Barry Bostwick was previously married to actress Stacey Nelkin. They divorced in 1991.

Jon and Kate Plus 8 Headed for Divorce?

Reality TV stars, Jon and Kate, don't appear to be thinking much about their 8 children these days. With Kate having an affair with her bodyguard and Jon dating a 23 year old school teacher, the pair seem to be focusing on matters other than the health and well being of their brood. Prior to the success of their show, in which they now make $75,000 per episode, the pair barely generated that amount per year between the two of them. Hopefully, however, the young stars will soon realize that money isnt everything and  start to prioritize their marriage and their family for the sake of the k …

Rich Harris on the Tom Martino Show - Fox 31 News

President and Managing Partner of The Harris Law Firm, Rich Harris will appear on the Tom Martino Show on Fox 31 TV on Monday, June 1st from 9 am to 10 am to discuss Colorado family law. The show will be re-broadcast on KWGN Channel 2 at 11 am.

2009 Eventful Year for Octo-Mel!

Only 6 weeks after Mel Gibson's wife filed for divorce after 28 years of marriage, Mel announced that he and girlfriend Oksana Grigorieve are expecting a child. The 53 year old actor has 7 children with wife Robyn, but they have been separated for almost 3 years. Teased by Jay Leno, host of The Tonight Show, about saving so many children, Gibson remarked, "I guess I'm OctoMel now!"

Peter Andre to File for Divorce from Katie Price

Model Katie Price, aka Jordan, visited with her divorce lawyer Fiona Shackleton, the family law attorney who represented Paul McCartney in his divorce from Heather Mills. Apparently Price is not ready to talk to the press about what is going on, but it is rumored that she is spending more and more time with her riding coach, Andrew Gould. Singer Andre is now staying at the home of his agent, Claire Powell, but looking to buy a home close to Price so he can see their children.

Rich Harris on Tom Martino Show Today from 12 to 3 pm

Rich Harris will appear on The Tom Martino Show from 12 to 1 pm on KHOW 630 AM today and again on June 29th. Listen to Rich Harris, President of The Harris Law Firm, discuss Colorado Family Law and expound on subjects that include  divorce, allocation of parental rights, modifications of child support, etc. Call Tom Martino and Rich Harris and ask your question live at 303 713 8255 (TALK)

Sean Penn Calls Off Divorce for the 2nd Time

Oscar winning actor Sean Penn who recently filed for divorce for the second time in 16 months, has now withdrawn his motion and wants to dismiss his case for a legal separation from actress Robin Wright Penn. Mr. Penn has stated that he acted in anger and should not have filed. It has been rumored that Mr. Penn has been having a relationship with actress Natalie Portman.

Rich Harris Discusses Family Law on Tom Martino Show

Rich Harris, President and Managing Partner of The Harris Law Firm, discussed the modification of parenting time on the Tom Martino Show on KHOW yesterday.  Rich will be discussing Colorado family law with Tom Martino on KHOW 630 AM every Wednesday at 12:30 pm

Mel Gibson's Child on the Way May Not Impact Pending Divorce

Although Mel Gibson's new girlfriend is now pregnant with his child, the fact will not likely be a factor in his pending divorce. Beverly Hills attorney Evan T. Sussman of Sussman and Associates, a Certified Specialist in Family Law,  explains that California is a no fault state meaning that adultry is not an issue in legal matters involving divorce.  He further explained that Robin, Mel's wife of 28 years, could, however, react more emotionally to the divorce and issues regarding child support, maintenance, and the division of property could be more difficult to resolve. Oksana's pr …

Rich Harris & Tom Martino 630 KHOW Wednesdays at 12:30 pm

Rich Harris will appear on the Tom Martino Show, 630 KHOW,  on Wednesdays at 12:30 pm to discuss Colorado family law. The Harris Law Firm is now listed as the go to family law firm on Martino's referral list at www.mylegalhelpcenter.com

When Paternity is Confirmed, Fathers Can Be Liable for Support

If paternity is confirmed by a DNA test, and it can be proved that the father was aware of the existence of the child and intentionally evaded responsibility, it is possible for the court to order the biological father to pay child support back to the birth of the child.

Divorce Now Carved in Stone

The divorce between actress Sharon Stone and her editor husband, Phil Bronstein was recently finalized in Washington D.C.  The couple married in 2003, separated in 2008, and had an amiciable divorce. They now share custody of their adopted son Roan, who is 4 years old.

How Child Support is Spent

A parent cannot demand to see an accounting of how the child support payment is spent in the State of Colorado. It is presumed by the Court that the funds are being used to benefit the children even if an indirect manner.

How Paternity is Established in Colorado

Paternity can be established by several methods: 1. A judge or other judicial officer of a Colorado Court may enter an order 2. The county Child Support Enforcement Unit may also establish paternity 3. Unmarried parents can sign an Acknowledgement of Paternity form at the hospital when the child is born.

How Does the Court Define "Decision Making Responsibilities"?

Decision making responsibilities are the part of the parenting plan that addresses major decisions like religion, education, medical care, extra curricular activities, etc. Day to day decisions such as hygiene, diet, clothing, etc. is made by the parent who is caring for the child that day.

Modification Cases Increase During Economic Downturn

In a recent survey of the American Academy of Matrimonial Lawyers of Chicago, 39% of the nations top divorce attorneys  cited an increase in modifications being made to child support payments since the economic downturn began. Additionally, 42% of the members reported a rise in the number of changes made to spousal support, also called "alimony" or "maintenance."

Attorney Margaret Walker Named Pro Bono Coordinator

Rich Harris, President and Managing Partner of The Harris Law Firm in Denver, Colorado is pleased to announce that family law attorney Margaret "Peggy" Walker has been named the new "Pro Bono Coordinator" for the firm.  Ms. Walker will coordinate the with the firm's 13 family law attorneys to provide free legal services to those who cannot afford a lawyer. Ms. Walker has practiced family law in the State of Colorado since 1977, and is a former law professor with the University of Denver Sturm College of Law. In addition to her practice as a family law attorney for Th …

Super Model Stephanie Seymour Files for Divorce

Former Victoria Secret model, Stephanie Seymour, has filed for divorce from her billionaire husband in New York.  Still living in the marital home, albeit the maid's quarters, Ms. Seymour gave the press no reason for the divorce, but stated that her husband, Peter Brant,  is "playing dirty." Brant, former owner of the White Birch Paper Company, is an avid art collector and the publisher of Interview and Art in America magazines.  The couple have 3 children.

John H. Tatlock Joins The Harris Law Firm as Special Counsel

Rich Harris, founder, President and Managing Partner of The Harris Law Firm has announced that John H. Tatlock, Esq. has joined The Harris Law Firm as Special Counsel. Tatlock is a trial attorney with more than 20 years of experience in complex litigation.

Supporting Children from Different Marriages

The obligation to support a child of a previous marriage does not end when a parent remarries and has additional children. The Colorado Court will not allow a parent to violate a child support obligation simply because he or she has new children to care for. Understandably the cost of supporting children is substantial; however if a parent ignores their financial obligation and that responsibility falls into the hands of the government to support the child, the Child Support Enforcement Agency will seek to garnish the parents wages to pay for child support and any arrearages.

Colorado's Family Law Team

Sean Penn Files for Divorce from Robin Wright..Again!

Oscar winning actor Sean Penn has filed for divorce from actress Robin Wright-Penn, his wife of 13 years. Penn filed once before, but the couple reconciled.

Only $33 Million is a Hard Day's Night for Heather Mills McCartney

Heather Mills, the former wife of Paul McCartney, is still seething over the meager $33.6 million divorce settlement she received from the former Beatle. McCartney divorced Mills last March and the former model, who is now charging $102,000 as an after dinner speaker for charity functions, is complaining that she only received 5% of they earned over their 7 year marriage. Mills claims that she worked for McCartney while he was on tour and considering her participation, she feels that she should have received a significantly larger sum.

Court Orders Issued Outside the State of Colorado

If you live in the State of Colorado and have domestic court orders issued by another state, Colorado will give full faith and credit to those court orders. Our family courts will acknowledge and enforce them as if they were entered in Colorado.

Passport Denied for Non Payment of Child Support

A parent may be denied a passport by the Department of State if it is determined that he or she owes more than $5,000 in child support arrearages pursuant to federal law. It depends, in part, on whether a human services agency has contacted the Department of State and placed a hold for non-payment.

Money and Kids After Divorce

Financial planner, analyst, and new author Linda Leitz shares valuable advice to divorced parents in her new book called "We Need to Talk: Money and Kids After Divorce." Leitz, of Colorado Springs, Colorado, focuses on how single parents can teach their kids about financial responsibility when the other parent leaves the household. It is a book not just about managing money, but coping with the emotions involved when the family has to learn to live with less. She expounds on the five stages of grief, (Denial, Anger, Bargaining, Depression, and Acceptance) that spread to money managem …

How Children Can Adjust to Divorce

Author Nancy Holyoke's new book, "A Smart Girl's Guide to Her Parents Divorce: How to Land on Your Feet When Your World Turns Upside Down" offers many tips for girls facing this upset in their lives. She offers tips such as: 1. Recognize that you will not feel awful forever. Time helps, emotions cool and situations change. 2. Know that the divorce is not your fault. 3. Allow yourself to feel your feelings, which may include anger, sadness and grief. 4. It's okay to speak with another adult about how you feel: Friends, neighbors, family, therapists Published by American …

Mel Gibson's Wife Files for Divorce

Robin Moore Gibson, wife of actor and director Mel Gibson for nearly 30 years, has filed for divorce in Los Angeles. The couple has already separated.  Moore has cited irreconcilable differences, and is seeking joint custody over their minor child, Thomas, 9. She is also seeking spousal support and attorney's fees. The pair, now both 53, married in 1980 and have seven children - Hannah is 28, twins Edward and Christian are 26, William, 24, Louis, 21, Milo, 19 and Thomas, soon to be 10.

Name Changes for a Minor Child

To request a name change for a minor, you must file the following documents with the Colorado court: Petition for Change of Name of Minor Child Consent of the Non-Custodial Parent or Notice to the Non-Custodial Parent, or Request to Publish Notice and Order/Notice and Order/Notice to Non-Custodial Parent by Publication Order for Publication of Name Change Public Notice Final Decree of Name Change If the child has been the subject of an action regarding child support, parental rights or parenting time, you must file the documents in the District of Juvenile Court that handled …

Colorado Step Parent Adoption

When a parent has had no contact with his or her child for a period of at least one year, and/or has not paid child support for at least 12 months, evidence of the biological parent's abandonment of the child can create grounds for a step parent adoption in the State of Colorado. The step parent must also be married to the custodial parent for at least one year for the adoption to proceed.

Devils Goalie Martin Brodeur Will Pay Permanant Maintenance

The New Jersey court ruled that the Devil's star goalie, Martin Brodeur, must pay his former wife $500,000 per year in child support and maintenance until 2020, the year his youngest child will graduate from high school. The ruling came last Thursday after Brodeur appealed a lower court ruling that awarded Melanie DuBois permanent maintenance, $132,000 in annual child support, and $9 million in other assets. Brodeur had originally asked that he only be required to pay maintenance until he retires in 2012, and DuBois asked that he pay until 2024 when their youngest is estimated to graduate from …

Financial Risks are Greater for Women in Divorce

Financial risks during divorce are often greater for women who have put their careers on hold after marriage to raise a family. Very often they have given up lucrative careers to be home with the children, and have not planned for their futures by funding retirement accounts and updating their employment skills. With nearly 43% of first marriages ending in divorce within 15 years, women need to consider their financial futures prior to tying the knot. Fortunately in Colorado, the courts seek to divide martial assets, or those acquired after the marriage, in an equitable manner. Located in Den …

The High Cost of Being Britney Spears

Britney Spears' legal fees for the last year have reached a staggering amount. Court documents filed by Spears' attorneys in Los Angeles Superior Court on Monday, March 23rd, 2009, revealed that the singer has been forced to pay more than $2.7 million to her lawyers over the last 11months. This amount included the cost of her divorce from Kevin Federline, and the child custody battle for their two young sons, for whom Federline is now the primary custodial parent. In addition to her own legal expenses, Spears also paid $374,000 to Federlines' family law attorneys. Additionally,  Britney a …

The End of the Special Advocate

In 2005, the Colorado Governor signed into law a revised version of the special advocate statute. Although this term is sometimes still used, this revised statute created very different positions and gave distinct qualifications, duties and responsibilities. To view this article in its entirety, please click here:

Change of Venue for Cases Involving Children

For parenting time or child related issues, a case is properly filed in the county where the child(ren) resides. A change of venue is not likely unless both parties agree.

Determining Parenting Time in Colorado

Parenting time in the State of Colorado is decided according to the best interests of the child statute. Multiple factors are considered by the court and include the age of the child, the physical distance between the parents' residences, and the childs' physical and emotional needs. The parents abilities to maintain a respectful and professional relationship and to promote healthy parent-child interactions are also considerations. If either parent has a criminal history, that is likely to be a factor relevant in the decsion making process when determining parenting time . Located in Denver ( …

Cut Rate Lawyering: Are Consumers Being Ripped Off?

OK, so you are standing terrified in divorce court. Your kids are at stake.  Your home and finances are at stake. And a red-faced judge is screaming at your lawyer for not knowing the rules of evidence and for not submitting your financial documents on time. You want to crawl under a rock and hide. Nightmare? Unfortunately, no. We have seen this very scenario , and countless similar others play out in the courtrooms in the Denver area recently. Sadly, one of the fall outs from this economy is that more and more people are understandably trying to save money on legal fees,but they ar …

Formula for Divorce

Formula One boss Bernie Ecclestone and his wife Slavica have been granted an uncontested divorce after 25 years of marriage. The quickie divorce took a total of 58 seconds. The Croatia-born former Armani model is entitled to half of the tycoons 2.4 billion pound fortune which includes a hotel in Gstaad, the family home in Chelsea, a jet, and a yacht named after their two daughters. Bernie and Slavica met at the 1982 Italian Grand Prix and wed in 1985. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exc …

Overpayment of Child Support?

If you made payments through the Family Support Registry, then Child Support Enforcement can help you resolve this matter: www.childsupport.state.co.us/parent/family/SupportRegistryIndex.jsp Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you un …

Author of "Call Me Crazy" Finalizes Divorce

Actress and author Anne Heche has finalized her divorce from cinemotographer husband Coleman Laffoon after being legally separated since December of 2006. According to documents filed Monday at the Los Angeles Superior Court, Heche and Laffoon will share custody of their 7 year old son Homer when both parents are in LA. The "Six Days, Seven Nights" star will pay $3,700 in monthly child support and 75% of their son's private school tuition. The newly single star announced that she and actor James Tupper from "Men in Trees" are expecting their first child in December.

Divorce is Hard - Even for the Legally Blonde

Reese Witherspoon describes her 2005 divorce from Ryan Phillippe as "humiliating and isolating, but if divorce is not painful, maybe it wasn't the right decision to marry to begin with. These are very appropriate feelings." The actress, who has 2 children with Phillippe says she tried to avoid the blame game with her ex. "It is easy to do  and I am certainly guilty of it, but you also have to ask yourself what role you played in the unraveling of the marriage." Reese has since recovered from her divorce and is now happily dating fellow actor, Jake Gyllenhaal who …

Emancipation Under Colorado Law

Emancipation is a far more complicated issue than most people realize. The State of Colorado recognizes different ages of emancipation depending on the legal matter in question. Generally, a minor will be deemed emancipated if the minor is lawfully married, has joined the military, or can otherwise prove that they are living on their own and are self supporting. It may also be possible to petition the Court to grant emancipation, but this is only available in limited circumstances. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest fami …

Are Verbal Agreements Regarding Child Support Valid?

If the custodial parent tells the other parent that child support is necessary, the non-custodial parent could be taking a tremendous financial risk. When there are no court orders in place, and there are no records of child support paid, it is possible for the custodial parent to file for child support later. The judgment could be retroactive to birth, with the interest on the arrearages being 12% per annum compounded monthly.

Step Parent Adoption

For a step-parent to adopt a child in the State of Colorado, they must be married to the consenting biological parent for at least one year. They must also reside in Colorado, and must be at least 21 years of age. If the child to be adopted is over the age of 12, his or her consent to the adoption is also required by the Colorado court. At the time of petition for adoption is filed, the child must be under the age of 18, legally available for adoption, and living in Colorado. Persons over the age of 18, but under the age of 21, may also be adopted as a child, but only upon approval of the cour …

DNA Tests for Paternity

Paternity Tests are used to determine the identity of a child's biological father and typically reliable about 99.99%  of the time. Due to the high degree of reliability, the test results serve as a legally admissible determination that the man tested is or is not the child's father. To view this article in it's entirety, please click here

Courts Taking the Unstable Economy into Consideration

Colorado Courts are taking into account today's unstable economic environment when hearing cases regarding post decree modifications that include child support and/or maintenance. The Court will ask you for documentation regarding a decrease in wages or termination of employment, and may also ask you to provide proof that you are diligently seeking new employment.  The 12 attorneys at The Harris Law Firm, which specializes in Colorado family law, handle post decree legal matters regarding child support and maintenance modications.

Collecting Back Child Support

If there were court orders in place for child support to be paid, the recipient can file a motion for contempt to collect arrearages plus interest which is 12% per annum compounded monthly.

Madonna and Ritchie to Share Custody

News reports indicate that the pop star and the film director entered into a shared custody settlement involving their 2 young children. Madonna will be living in NYC, and Guy Ritchie will be residing at the couple's former martial estate in the English countryside. It will be interesting to see how their shared parenting arrangement unfolds. An increasing number of couples live in different states, or like the celebrity couple, different countries. Though statistics are hard to come by, it is clear that the trend is for people to be more mobile.  People move from state to state with f …

What is the Effective Date When Support is Modified?

Generally, a child support modification is only retroactive to the date of filing the motion. However, when the parties mutally consent to the change in custody of a child, child support is retroactive to the date of the change.

Sensitive Issues Re: the California Octuplets

So, what do we make about the mother in California, Nadya Suleman, who recently gave birth to octuplets? The single mom who receives welfare now has 8 new kids to add to the 6 she already has.  And, news reports yesterday indicated that her home is about to go into foreclosure. Everyone seems to be expressing anger, and is wringing  their hands in frustration. How could this have happened, and how dare she? But the real issue here is, what does society do in a situation like this? As a supposed-enlightened community, we do not regulate people's right to procreate. And, we have …

Parental Planning for Relocation

Perhaps the most important consideration for the court in determining relocation cases is how will it impact the parenting relationship with the other parent. Parents seeking to relocate will be well served to outline several approaches and plans to maintaining substantive parenting time with the other parent. A family law attorney can provide numerous models for parenting plans designed for parties living in different states or long distances apart. Think about the time and cost involved in transporting the children longer distances and how school breaks, 3 days weekends, and even virtual vis …

What if Child Support Orders Were Issued in Wyoming?

Under the Uniform Child Custody Jurisdiction Act, Colorado Courts have a duty to enforce a decree and parenting time order issued in another state, if that state originally had jurisdiction to enter a parenting time order.  For example, if the parent in WY will not return the child to the primary custodial parent in CO, then the parent in CO can register the foreign divorce decree and file a Motion to Enforce the parenting time order in a CO court to have the child returned.

Termination of Child Support

You can generally terminate child support payments when the child turns 19 which is the age of emancipation in Colorado.  The Support Order usually states that payments end at that time barring special circumstances Such circumstances may include the fact that the child has not graduated from high school by age 19, or if the child has special needs.  If the court orders are not clear about when child support should end, you should file a motion to terminate the order.

If You Need to Modify Child Suppport, File Now!

  In Colorado, you can modify child support based on an employment change that would result in more than a 10% difference in the ultimate support obligation. But support can only be modified back to the date in which the modification was filed and cannot be retroactive beyond the date of filing.   I

Child Support Modifications: Imputing Income

  To impute income, the court must first determine that a parent is voluntarily underemployed or unemployed. If the court finds that this is the case, child support will be calculated based on potential income. The court considers a myriad of factors, but may impute income based on income from previous employment.

Failure to Pay Child Support?

Did you know that there are potential criminal ramifications for failure to pay child support? Colorado law provides for a jail sentence up to 6 months, the suspension of your driver's license, and the interception of your tax refund for those who refuse to pay. If you are in need of help from a delinquent spouse, we can help! Or if you are accused of this crime, but have valid or extenuating circumstances, we can help defend you. The attorneys at The Harris Law Firm have many years of experience in this area.

Modifying Child Support When Circumstances Have Changed

Child support can be modified if there is a substantial and continuing change of circumstances at the time of filing that would result in a change of more than 10% in the amount of support due each month.  

Actor Eddie Murphy to Pay $51,000 in Child Support per Month

After a 15 month court battle, actor Eddie Murphy has agreed to pay $51,000 in child support to his former lover, Melanie Brown. The former Spice Girl had a fling with Murphy in 2006 that resulted in the birth of a daughter. Although Murphy contested the fact that the child was his, a DNA test confirmed that Angel Iris was indeed his child. Angel Iris was born on Murphy's birthday, April 3rd, 2007. Happy Birthday!

Adding the Father's Name to the Birth Certificate

For an unmarried mother to add the child's biological to the birth certificate, she and the father can sign an "Acknowledgement of Paternity" form that states the name of the child’s natural father. The form is then sent to the department of Vital Records and the name of the father’s name will be added to the child's birth certificate.

Divorce Becomes an Art Form

Opening in Los Angeles on Valentines Day, "Divorce, the Musical" shows one couple's hellish journey to untie the knot. As art imitates life, the production is replete with angry spouses, battling attorneys, out of control children, dramatic family members and concerned therapists. Producers Rick Culbertson and Lynn Marks new musical comedy reminds us that laughing in the face of tragedy can sometimes be the best way to move on.

What is Collaborative Law?

Collaborative Law is a new approach to Colorado family law whereby both parties in the divorce case have an attorney who is trained in the collaborative process.  The purpose of Collaborative Law is to have an alternative approach to the resolution of disputes. To create a collaborative agreement, each party must agree that they will settle the case rather than resorting to litigation. Other trained professionals, such as divorce coaches, financial specialists, and tax professionals may also be involved as a part of the collaborative law process. Family law attorney, former law professor …

Colorado Child Support

  Generally, both parents have a financial obligation to support their children until they turn 19 or have otherwise become emancipated.

Mediation at The Harris Law Firm

Family law attorney and mediator Margaret Walker at The Harris Law Firm says mediation can be used in in a variety of ways. A couple can use the mediation process in the initial stages of a divorce to discuss the provisions for the children and how to divide assets and debts in an equitable manner. Mediation can be used later in the dissolution process to discuss ways of creating an agreement that is amenable to both parties. Mediation will not force an agreement, but will simply a foster a discussion between the parties with the mediator acting as a neutral third party. If mediation is used t …

What is an Initial Status Conference?

  The initial status conference is often the first Court date in your divorce case. The Court meets with both spouses at the ISC to determine how the case is progressing and what issues need to be addressed. If there are issues on which you and your spouse cannot agree, the Court may order the parties to attend a mediation session and/or set the matter for a contested hearing. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Suppor …

Parental Alientation

Often times during a child custody and/or child support dispute, the parents act in ways adverse to the best interests of the children. Parents may attempt to voluntarily or involuntarily turn the child against the other parent. To view this article in its' entirety, please click here:

The Issue of Day Care Expenses

  If day care expenses for your child are not included in the child support calculation, the parties will need to discuss how to pay for it. If the day care issue cannot be resolved, it may be necessary to attend mediation, or litigate the matter.

Co-Parenting Following a Divorce

      Many couples seeking a divorce find it difficult to continue raising their children as a unit. In a co-parenting arrangement, the children are spending roughly equal amounts of time with each parent. Parents can also reduce the impact the divorce may have on the children by following several steps. Please see the attached article for a complete list of steps.       To view this article in it's entirety, please click here:

Military Divorces on the Rise

Data obtained from the American Forces Press Service reports that military divorces rose by .1 percent to 3.4 percent during 2008. There were 492 more divorces last year than in 2007. More than 25,000 marriages ended in divorce in 2008 across the military, and the US Army accounted for 10,200 of them. Attorney Stephen Vertucci with The Harris Law Firm handles miliary divorces at The Harris Law Firm.

California Governor Arnold Schwarzenegger Creates Fee to File for Divorce

With the State of California facing a projected $40 billion shortfall over 18 months, Governor Arnold Schwarzenegger has created a myriad of tax and fee hikes for 2009. In addition to raising fees for traffic tickets, automobile registration and parking offenses, Californians who plan to divorce in 2009 will now have to pay a $30 fee to file.

Judge vs. Magistrate

  A Judge is appointed by Colorado's Governor, except in home ruled cities and counties like Denver and Broomfield. The Judge serves for a period of years until a retention election.       A Magistrate is hired by the Chief Judge, and may have limited jurisdiction, such as not being able to preside over jury trials. A Magistrate can be fired like any other employee.        

Protecting Children After a Parent Dies

When a parent dies, the court will appoint a guardian to care and supervise a minor child until the child reaches the age of majority. So the court will not appoint someone of whom you would not approve, it is best to appoint a guardian in your will. To view this article in it's entirety, please click here:

What is a Child Family Investigator (CFI)?

A CFI is an individual appointed by the court to conduct an investigation and make recommendations to the court regarding parental decision making responsibilities and parenting time. The CFI is usually a licensed  therapist or has a background in psychology and/or counseling.

When Can A Child Decide?

Many states in the US will allow children to decide with whom they wish to reside when they reach a certain age. In Colorado, a court is not required to rule in favor of the child's request. A court may consider the child's wishes, depending upon the child's maturity, the reasonableness of the request, and to what extent the Court perceives the child's wishes as his or her own. To view this article in it's entireity, please click here Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Co …

Actor Alec Baldwin Writes Divorce Guide for Men

Actor Alec Baldwin, who stars with actress/writer Tina Fey on the NBC sitcom, "30 Rock", is also the author of a new book for men regarding the divorce process. Baldwin, who was married to actress Kim Bassinger, recently published a book about divorce titled "A Promise to Ourselves: A Journey Through Fatherhood and Divorce."

Divorce and Taxes

In short, maintenance payments must be declared as income by the person who receives them, and are tax deductible for the person who pays them. Child support payments, however, are neither taxable to the payee or deductible by the payor. More detailed tax information can be provided by your attorney or by a tax professional. To view this article in it's entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support …

Divorce: What to Tell Your Children

It is important to be honest with your children during the divorce process. Speak to them in a direct manner and emphasize that your separation is permanent. Reassure them that the divorce is not their fault. Stress that the stabiliity and structure of their lives will remain constant, and they are and will continue to be loved by both parents. Finally, encourage them to talk to you about their feelings and allow them to openly express their emotions in a safe environment. To view this article in it's entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472 …

How Long Do I Have to Pay Child Support?

In Colorado, child support is generally due and payable until the child is 19 or is otherwise emancipated. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you understand your rights and options according to Colorado law. And when you retain this AV …

Rights of an Unwed Father

  It is difficult to say with any certainty what rights an unwed father has prior to the determination of parental responsibility. This is one of the reasons why the father should submit to a paternity test following the birth of the child. Since Colorado favors the involvement of both parents, the Court usually awards each parent at least some parenting time

Relocation: Determining the Best Interest of the Child

Relocation is a material change in circumstances and if the parties are unable to readjust the custody and visitation arrangements, the Court is required to examine the statutory factors to determine the best interests of the children. To view this article in it's entirety, please click here:

Moving Out - Some Common Misconceptions

In a divorce, every couple must, at some point, deal with the decision of who moves out of the martial home. It is important to understand, however, that in these circumstances, you will not forfeit your financial rights to the property. To read this article in it's entirety, please click here:

Can I File for Divorce on My Own?

When an individual decides to be "pro se", or to represent themselves in a divorce action rather than using an attorney, they should be aware that it can be difficult to "undo" the orders that are entered in the divorce decree. For this reason, it is always wise to at least consult with an attorney prior to filing for divorce to discuss possible strategies and some of the potential issues that may arise during the proceedings. To view this article in it's entirety, please click here:

What is a Legal Separation?

A legal separation is very similar to a divorce. In fact, the court will address all of the same issues involving the parties' children and finances, and the case will result in the parties have separate rights, responsibilities, and liabilities in the eyes of the law. The only difference is that the marriage will not be dissolved, so neither party will be eligible to marry another. To view this article in it's entirety, please click here:

Military Law and Divorce

If you or your spouse are in the military, there are special military laws and issues that must be considered in . For instance, a service member who is currently deployed may have the right to request that a divorce proceeding be delayed until his or her return. Military compensation and benfits also operate differently than those in the private sector. Thus, in a military divorce, it is important that you discuss your situation with a family law attorney who is familiar with military law and can guide through the additional complexities. To view this article in it's entirety, please c …

Creating Postive Interactions with Your Ex Spouse

For a great many individuals, going through a divorce is a traumatic process.  Learning about the emotional phases that divorcing couples commonly experience , perhaps with the assistance of a qualified therapist, may help you to make this transition and establish a different but healthy relationship with your former spouse. To view this article in it's entirety, please click here:

What Constitutes a Common Law Marriage?

  There are no clean-cut designations that determine whether someone is common law married or not. All that needs to be shown is that the two of you intended to be common law married and presented yourselves to the public as a married couple. In order to establish a common law marriage, Courts will be looking for specific indicators such as whether or not you maintained joint financial accounts, or joint credit cards. They will also ask if you filed joint tax returns, or listed your significant other as a “spouse” on insurance forms. If other evidence suggests that you are …

Dividing Marital Assets

  Pursuant to C.R.S. Sec. 14-10-107(4)(b)(I)(A) & (D), a party is restrained from transferring, encumbering, concealing, or in any way disposing of, without the consent of the other party or an order of the court, any marital property.        

Do I Need a Lawyer?

When dealing with family law matters, including divorce and issues regarding parenting time, working with an experienced attorney can protect your rights according to Colorado law. Having a professional to guide through the legal process, can ease your anxiety and give you the peace of mind you need to make the right choices. To view this article in it's entirety, please click here:

Protecting Children from Parental Abductions

In the absence of an existing court order, there can be no custodial abduction and either parent is within his or her rights to take the child anywhere they choose. There are specific ways, however, to protect yourself and your child from a possible parental abduction. To view this article in it's entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve you …

When Can A Child Decide?

In Colorado, there is no statute that references a specific age at which a child can determine the parent with whom they wish to live. A parent may file a motion with the court based on the child's wishes, but there is no guarantee that a Judge will rule in the child's favor. The Judge will consider the child's maturity, the reasonableness of his or her request, and to what extent the Court perceives the child's wishes as his own and not as a request that has been influenced by the parent. To view this article in it's entirety, please click here:

Investigations and Evaluations

In domestic proceedings, many investigations and evaluations may be ordered by the court or agreed upon by the parties. Please see the following article regarding the following investigations and evaluations: Child Family Investigator (CFI) Parenting Time Evaluator Guardian ad Litem Decision Maker Special Master To view this article in it's entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the fir …

Step Parent Adoption

In Colorado, step parent adoption is a growing component of the practice of family law, and one of the most common forms of adoption. The process allows a step parent, who has been married to the custodial parent for at least one year, to assume legal and financial responsibility for the child after the non-custodial parent rights and responsibilities to the child have been relinquished. To view this article in it's entirety, please click here: Please note that there are several articles about Step Parent Adoption on our website. To access these, please go to our Archived Articles s …

Marital Agreements

With almost half of all new marriages now ending in divorce, it is becoming more and more common for spouses to have a prenuptial agreement, or marital agreement, as it is now called under Colorado law. While it is important for couples to be hopeful and optimistic about the ultimate success of their marriage, it is also important, as it is when any legal partnership is established, to discuss the financial considerations that will be an issue in the event that the union fails. To view this article in it's entirety, please click here: Please note that the Archived Articles section of …

Filing a Motion for Temporary Orders

A motion is a request made by a party upon which the court issues a ruling or order.  The goal of temporary orders is to establish legally binding guidelines that will increase stability during a separation and the time leading up to the divorce. By filing a motion for temporary orders, your attorney is requesting that the court grant orders for you to receive the following on a temporary basis until the Court can make its ruling in the final decree. To view this article in it's entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harr …

Finding a Great Lawyer

Selecting the right lawyer is crucial to the success of your family law case. Begin by meeting with the family law attorney in person for an initial consultation to discuss your situation in detail. Ask the attorney how much experience he or she has with your type of case. Find out if the lawyer works as a part of a team and ask about the other lawyers and legal professions who will be assigned to your case.  Ask the attorney if you can expect a prompt response to your calls and/or emails from him and/or his paralegal. Ask if you will you receive billing statements that are detailed and i …

10 Ways to Control Your Legal Costs During a Dispute

Being informed, being organized and knowing the legal process are only three of the ten important ways to begin your family law case and keep your legal costs under control. Rich Harris, President of The Harris Law Firm provides 10 important tips to help clients keep their legal costs in line. To view this article in it's entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to wor …

Maintenance (Alimony or Spousal Support)

Maintenance, also known as alimony or spousal support, is money paid by the higher income producing spouse to support the spouse who is earning less money.  Maintenance is an amount of money paid to the other spouse to pay for his or her needs and is separate from the money paid for child support. The amount of the maintenance award is highly dependent on the unique circumstances of the couple involved in the divorce proceedings. When making a determination for maintenance, the Colorado court will consider a variety of factors that include the income or earning potential of the spouse …

Proper Courtroom Behavior

Many people do not know how to behave or what to expect when arriving to court, so here are a few helpful tips to help you prepare before and during your case: 1. Dress and act in a conservative manner 2. Act professional while your matter is waiting to be heard.   3. Be courteous while your matter is being heard. Although court can be a taxing experience, try to start off on a good foot and utilize these tips because it can make a difference. To view this article in its entirety, please click here: Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The H …

Will the Court Consider a Child's Wishes Regarding Parenting Time?

Colorado courts do not have to take into consideration a child's wishes regarding parenting time, but the court may choose to consider them. To view this article in it's entirety, please click here Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will …

Colorado Parenting Time and Child Support

    Colorado law favors meaningful and continuing contact between both parents and the child following a divorce. Couples who separate usually arrive at a parenting plan in one of two ways: Either the parties come to an agreement as to how the responsibilities are to be divided and the agreement is subsequently accepted by the Court, or the Court considers the evidence and crafts a parenting plan as part of permanent orders. Even in cases where one parent stipulates (agrees) to a parenting plan with little or no parental responsibility, there is no guarantee that the Cour …

Preparing for Divorce in the State of Colorado

Q: Can you give me a list of the things I should be aware of prior to filing for divorce? Choose an experienced Colorado family law attorney with whom you feel comfortable discussing the details of your situation.   Be prepared to disclose the details of your current financial status and be able to provide an accounting of all debts and assets.   When disclosing assets, remember to include the value of your retirement accounts. These will include all of the following: 401k’s, 403b’s, Traditional, SEP, Simple and Roth IRA’s, Pensi …

Colorado Paternity

  Following the birth of the child, the presumed father can request a DNA test to establish paternity. If his parentage is confirmed, then he can file for an APR or allocation of parental rights which is a court order that will define child support, visitation, and decision making rights for both parents. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matte …

Colorado Step Parent Adoption

The creation of the parent-child relationship in a stepparent adoption essentially instills in the adopting parent all of the rights and obligations pertaining to the child, just as if the child were born to him or her and the custodial birth parent. The adopting parent has a right to parental responsibilities (custody), and has an obligation to support the child financially, which is important to note in the unfortunate event of the death of the custodial birth parent or the subsequent dissolution of the parties marriage. The child will also have the right of inheritance, just as if he or she …

Grandparents Rights

  A grandparent has the right to petition for visitation if the parents are divorced or separated. However, in order to rebut due process presumptions in favor of the parent deciding on appropriate visitation with the grandparents, the grandparents must demonstrate to the court by clear and convincing evidence that the visitation schedule they seek, and not the visitation schedule the parent seeks, is in the best interests of the child. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm.  Focusing exclu …