The statutory mandate to distribute property equitably does not require equality. A Denver Divorce Mediation mediator can assist you is discussing the relavant factors involved in reaching this decision. It has been repeatedly held by the Colorado Courts that in matters of division of property, the trial court is imbueded with broad discretion. Facially disproportionate…
Monthly Archives: June 2010
Parties are not required to spend all their savings or exhaust all their marital assests before becoming eligible for spousal support. A Denver Divorce Mediator can help you evaluate your particular situation. Likewise, a party is not requied to cash in their retirment plan nor pick the highest paying option in a retirement plan for purposed…
Child support shall be deemed to end when a child is emancipated. A Denver Divorce Mediator can discuss your specific facts with you further. However, emancipation is defined as 1) when a child reaches the age of 19, 2) when a child enters active military duty, 3) when a child marries as of the date of the marriage,…
Frequently, when there has been a failure to pay court ordered obligations, the party who is owed the funds tries to attach assests of the owing party rather than repeatedly filing motions with the court. Many people are unclear about whether military pension assets are subject to garnishment. According to the Department of Defense, if the debt…
Pension assest acquired during the marriage in Colorado are subject to equitable division in a divorce. Although there are many ways of measuring the value of the assets, one basic method is for a defined benefit plan (montly payment such as military pension) is to apply the “Hunt” formula. Drawn from In re Marriage of…
When modifying child support in Colorado after a divorce has been finalized, capital gains are not automatically considered in computing gross income for purposes of the Child Support Guidelines. Instead, when considering capital gains from the sale of property awarded in a property division pursuant to a dissolution of marriage, the court shall include in gross income…