Home Improvements

I live in Aurora, and plan on filing for divorce from my wife. I already owned our home when we got married. Since then, though, we have a new addition on the house and have put in a pool. What does she have a claim to?

If you didn’t add your wife’s name to the title, she would have a claim to part of the increase in value from the date of marriage to the date of divorce.

If you added your wife’s name to the title, it will be deemed a “gift” to the marital estate, and she will be entitled to share in the full amount of equity in the house at the time of the divorce.

Signing Bonus and Child Support

I’m a professional athlete. Earlier this year, I signed on with a new team and received a signing bonus. My ex-girlfriend just had a kid that I think is mine, and she is going after child support. Will the signing bonus be considered part of my income?

Unfortunately, yes. It will be considered income in the year that it is received.

Jurisdiction for Divorce and Paternity Test

I live in Colorado. My wife lives in California. I want a divorce and a paternity test. Can I file for divorce and a paternity test in Colorado?

That depends on the following:

For divorce, if you and your wife lived in Colorado as a married couple, and you have lived here for the past 90 days, you can file for divorce in Colorado. If you are able to file for divorce in Colorado, custody would also be an issue in Colorado, and you could request a paternity test as part of the divorce action.

If you and your wife have not lived in Colorado as a married couple, but have lived in California as a married couple, and your wife meets the residency requirement of that state, you could possibly file in California. You’d have to talk to an attorney licensed in California to confirm.

For paternity, as stated above, if you are able to file for divorce in Colorado, you could raise the issue of paternity as well in this state. If you can’t file for divorce in Colorado, you could still file a Paternity action in Colorado, if the child lives in this state or if the child previously lived in this state within the last 6 months.

Child Support and Wage Garnishment

Question 1: My wife pays child support to her ex-spouse. Can child support garnish my wages if she changes her last name to mine? Question 2: I file an injured spouse form every year when doing my taxes and my income tax gets garnished every year. I don’t feel I should be responsible for my wife’s debts. Can I stop this from happening?

No, child support enforcement cannot garnish your wages no matter what last name your wife uses. You are not the obligor.
However, the reason your income tax refund is garnished is due to your filing a joint tax return with your wife.
Unfortunately, although it is your wife’s debt, since she is a designated recipient of the tax refund, the entire amount gets taken regardless of your also being a recipient of the refund.
In order to protect yourself, you would need to file a separate tax return.

Modify a non-modifiable alimony order?

My finance was separated in 2009 and divorced Aug. 2011. He lost his job in Nov. 2013 and has not been able to get one and we just found out his ex wife got remarried last week. She lives in Virginia, he has been here in Colorado since 2009. Although his alimony is non-modifiable and he pays $3500.00 a month, does he have any rights to have it adjusted or cancelled? It has become a hardship over the last 2 years. Any help would be great. Thank you.

Unfortunately, there is nothing your fiancee can do. A non-modifiable order is just that….non-modifiable… no matter what happens.

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Home Improvements

Home Improvements

Signing Bonus and Child Support

Signing Bonus and Child Support

Jurisdiction for Divorce and Paternity Test

Jurisdiction for Divorce and Paternity Test

Child Support and Wage Garnishment

Child Support and Wage Garnishment

Modify a non-modifiable alimony order?

Modify a non-modifiable alimony order?

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