The income of a third party in determining child support is not relevant to determining the gross income of the parties for purposes of apply the child support guidelines in a divorce or post decree modification situation. A professional divorce mediator can assist you in evaluating the relevant factors in your particular situation. It is…
Category Archives: Assets
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…
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…
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…
Evidence of the tax assessment value of a marital home may be considered as proper evidence of the actual value of the home when determining the marital equity in the home. In fact, additional weight may be given to the tax assessed value over other evidence due the legal requirements underlying the basis of the assessment. …
Valuation of separate property of the parties is often a difficult and complicated situation. Contact a Colorado Divorce Mediator to discuss the specifics of your case. Separate property consists of assests each party owned prior to the marriage, inherited during the marriage, or were given as a separate gift. However, the increase in value of such…
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…