The Social Security Act contains an anti-assignment clause that prohibits assignment of benefits even in a divorce. Therefore a divorce court cannot order distribution of part of a spouse’s future retirement social security benefits as marital property. Nor may the court consider it as an indirect offset as part of the overall marital property distribution…
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If parties’ combined income exceeds $75,000 in a divorce proceeding, a party seeking maintenance MUST meet a two-pronged test in order for a Court to approve any spousal support award. Contact a divorce mediator at Divorce Help Center to help evaluate your situation. The court must FIRST find the spouse lacks sufficient property to provide…
Although marketability discounts have been disallowed in other areas of the law, family law is unique and the legislature has recognized this by creating unique rules to be applied to divorce situations. Contact Divorce Help Center today to discuss your situation. In fact, C.R.S. 14-10-113(1) authorizes a judge to consider any and all relevant factors…
Travel expenses in certain situations may be divided or awarded. Contact Divorce Help Center mediators to discuss your case. However, those expenses must be the cost of transporting the CHILD, not the costs of transporting the parent. C.R.S. 14-10-115(11)(a)(II) specifically allows for division of the costs of transporting the children OR the costs of transporting…
Child support obligations are determined by applying the statutory guidelines in C.R.S. 14-10-115(7) to the parents combined adjusted gross income. “Gross Income” includes income from any source. However their income may be adjusted by deducting preexising child support obligations and alimony or maintenance actually paid by the parent. Deductions are not allowed for things such as…
In dividing marital property, if the parties cannot agree, then a court must determine the the approximate current value of the property owned by the parties. Contact the Divorce Help Center and let a professional mediator assist you in finding a fair resolution to this issues. Otherwise, the determination of value is within the trial court’s discretion,…
In Colorado, the Court of Appeals recently ruled that accrued vacation time and sick time are not marital assets. While enforceable contractual rights do constitute marital property, interests that are merely speculative are only expectations. Contact Divorce Help Center to evaluate your particular situation. For example, employee stock options are only consider marital property if the rights…
Marital property does not include property that a party possessed prior to the marriage. However, if premarital property is placed into a joint tenancy account or asset during the marriage, it reflects an intent by the donor spouse to make a gift to the marriage. Contact Divorce Help Center to evaluate your particular situation. Such…
The effects of divorce on children has been studied extensively over the last few decades. Researchers now view conflict, rather than the divorce or the specifics of the parenting plan, as the most important factor in determining a childs post-divorce adjustment. Contact a mediator at Mediation Partners to help you evaluate your particular situation. Overall, children’s…
Mediation Partners is please to offer Paperwork Only Service for a reduced fee to those parties who believe they have all their issues resolved and are looking for professional and quick service to assist them in preparing all the necessary paperwork to open and finalize their divorce. If you and your partner have reached an…