Domestic Issues and Protection for the Future

My wife left and went back to NJ to get some space with my 3 1/2 month old daughter a week and a half ago. This was unexpected and not normal. She claims that she needs some time apart. I do not want to file for legal seperation or divorce. My wife claims she wants our marrage to work. I want to see both her and my daughter. She is claiming that I am a very negative person and I am verbally abusing her. She claims to be scared of me. I have never physicaly or verbally abused her. She does not like Colorado and she does not want to live here. I have a career, friends and a life here. I agreed to move back to the east coast but not until this fall. I think she is making me look like the bad guy so she has an excuse to leave CO. I guess she could not wait for the fall! What do I do to protect myself now and if she decides not to come back? I do not want to make things worse than they already are. I would like to work things out in the most friendly and non-legal way as possible. This is a very stressful situation. Please help. Thank you, Andrew

If your wife is living in NJ, you need to file an action in Colorado for either Legal Separation or Divorce. After she’s been in NJ for 6 months, if not sooner for various reasons, the NJ court will have jurisdiction over your daughter and you will have no choice but to defend in NJ. You need a court order now from the state of Colorado before too much time goes by.

Attorney for Divorce and Child Support Arrangements

MY BOYFRIEND IS GETTING A DIVORCE CAN U TELL ME IF AND WHEN AN ATTORNEY IS NEEDED IN A DIVORCE? AND HOW TO GO ABOUT FINDING A GOOD AND AFFORDABLE ATTORNEY HE DOESNT MAKE ALOT OF MONEY AND IS NOT SURE HOW MUCH CHILD SUPPORT IS A REASONABLE AMOUNT. SHOULD HE SEEK LEGAL ADVICE OR JUST ASSUME THE AMOUNT SHE HAS SET IS GOOD?

Your boyfriend needs an attorney. He obviously has kids so at a minimum child custody and child support are issues. He needs an attorney from the beginning. An attorney needs to review the specific facts of his case and both your boyfriend’s and the wife’s financial statements. This is a highly complex area and going it alone is like walking through a mine field. Not knowing your boyfriend’s financial situation, all I can suggest is that he call around and talk to potential attorneys to obtain information about their fees, etc.

Protecting Child from Potential Abuse

tHE FATHER OF MY 8 YEAR OLD DAUGHTER HAS VISITATION ORDERS AND FOR THE FIRST TIME I AM VIOLATING MY ORDERS TO PROTECT HER. sHE HAS REPORTED VERBAL, EMOTIONAL,MENTAL ABUSE, PLUS HER FATHER HAS AN DRINKING INJUNCTION AND HAS BEEN DRINKING AND DRIVING WITH HER, PLUS AT HER THERAPIST I FOUND OUT HE IS ALLOWING A FAMILY MEMBER WHO WE SUSPECTED OF BEING SEXULLY INDECENT WITH HER AND AGREED NOT TO ALLOW HER TO BE ALONE WITH THIS PERSON THAT HE HAS BEEN ALLOWING MY DAUGHTER TO STAY WITH THIS PERSON DURING HER VISITATIONS WITH HIM AND ASKING HER TO LIE TO ME. I TRIED GETTING HELP FROM LEGAL AID BUT THEY DO NOT HAVE FUNDS FOR THIS TYPE OF CASE AND I CAN NOT AFFORD AN ATTORNEY. I HAVE CONTACTED CPS AND FILED A REPORT BUT MY DAUGHTER DOES NOT WANT TO GO WITH HIM AND I FEEL IF I ALLOW HER TO GO I AM BEING A NEGLECTFUL PARENT. wHAT CAN i DO AND WILL I GET INTO TROUBLE FOR PROTECTING HER? WHAT RIGHTS DO I HAVE?

You need to file a motion to restrict the father’s visitation due to the emotional and/or physical harm you believe is occurring. If you can’t afford an attorney, try calling the University of Denver law school student legal clinic, or call the Colorado Bar Association and get referrals to low fee groups and or specific attorneys.

Financial Obligation for CFI

My soon to be ex-wife is refusing to pay her half of a CFI. I was wondering what I can do about this to get her to pay her half. My attorney says there isn’t anythingh I can do about her paying her part. Thank you. Pat Espinoza

If she is court ordered to pay 1/2 of the CFI fees but is not doing so, your attorney should call the court and get a status conference with the judge and/or file a motion indicating that she isn’t paying and request a court order.

Exemptions for Wage Garnishment

My ex has been a realtor off and on (mostly on) since our divorce. I have, to this date, not been able to receive child support from ANY of the real estate companies he has worked for. Do these real estate companies have some kind of “exemption” to wage garnishments.

There are no exemptions from child support wage garnishments. The amount of the garnishment is simply limited to a percentage of his income. You’ll need an attorney to proceed if you intend on garnishing his wages. If properly done, there is no problem as child support garnishments are routine. If he is self employed and owns these companies, he can evade the garnishment since he has control over the money. You might bring your child support order to Child Support Enforcement in the county where the divorce occurred. They do not charge for their services.

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Domestic Issues and Protection for the Future

Domestic Issues and Protection for the Future

Attorney for Divorce and Child Support Arrangements

Attorney for Divorce and Child Support Arrangements

Protecting Child from Potential Abuse

Protecting Child from Potential Abuse

Financial Obligation for CFI

Financial Obligation for CFI

Exemptions for Wage Garnishment

Exemptions for Wage Garnishment

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