Developments in Colorado Family Law

This information is not intended to substitute for advice from a qualified attorney. Contact the Law Offices of Gary E. Lawyer in Colorado Springs, Colorado to discuss your legal issue and options. I handle all divorce and family law issues.

• FATHER MAY CHALLENGE PATERNITY:  The Colorado Legislature passed a statute, effective August 15, 2008, allowing a father to pay for a DNA testing to challenge a paternity Order entered two years ago.  A motion to modify must be filed within two years of the Order. For orders entered before August 15, 2008 a motion to modify must be filed before August 15, 2010.
• UNINSURED MEDICAL EXPENSES: The Colorado statute regarding payment of uninsured medical expenses for children was amended as of January 1, 2003. Once the "primary caretaker" parent pays the first $250 per year per child in out-of-pocket medical and dental expenses, any additional expenses for the children are split between the parents in proportion to their gross incomes. This statute applies to cases filed on or after January 1, 2003, or motions to modify filed on or after that date.
• CHILD SUPPORT GUIDELINES: The guidelines were amended effective January 1, 2003. For the most part, the basic child support obligations increased.
• MODIFICATION OF CHILD SUPPORT: Under Colorado law, child support can only be modified back to the date a Motion to Modify is filed. Thus, if Dad becomes unemployed in January, 2003, files his Motion to Modify in June, and the Judge grants the motion after a hearing in November, the child support can only be modified back to June, 2003. Dad will owe the full amount of child support for the months from January through May.

There is one major exception to that rule. If the parties mutually agree to a change of residence for the child, then child support can be modified back to the date the change of residence occurred. For example, both parents agree that the child should live with Dad starting January, 2003 and the child moves in with Dad that month. Dad waits until June, 2003 to file his Motion to Modify his child support obligation. In November when the Court grants the motion, the modification will be retroactive to January, 2003 when the voluntary change of residence of the child occurred.

Here's the hidden issue: Mom becomes liable for child support due to Dad, retroactive to January, 2003. This interpretation of the statute was just handed down by the Colorado Court of Appeals on August 14, 2003. In re Marriage of Emerson, Colo. Court of Appeals #02CA1584.

• ATTACHMENT OF BANK ACCOUNTS: A relatively new law in Colorado allows the Child Support Enforcement Unit to place a lien on bank accounts in the name of any obligor who owes child support arrearages.
• CHILD CUSTODY LAWS MODIFIED

In February, 1999 the Colorado Legislature amended Colorado's child custody laws. The terms "sole custody" and "joint custody" were replaced by "parental responsibility" and "parenting time".

Parental responsibility relates to decision-making power for the children. If the parents share joint decision-making responsibilities, then they agree to discuss and make major decisions involving the children together. Major decisions include education, religion, medical treatment, counseling, college, etc.

If one parent has sole decision-making responsibilities, that parent makes all of the major decisions for the children without input from the other parent.

Decision-making has no bearing on parenting time or where the children reside; joint decision-making does not necessarily mean 50/50 shared parenting time.

Parenting time is the new term replacing visitation. The children normally live with one parent the majority of the time and exercise parenting time with the other parent. Parenting time plans vary from every other weekend to shared schedules. Overnights with the non-primary caretaker may be limited where there are very young children.

• NEW TEMPORARY MAINTENANCE STATUTE

The Colorado Legislature has passed a new law regarding temporary maintenance (alimony) in dissolution of marriage cases. The new law went into effect July 1, 2001 and applies to dissolution cases filed or motions to modify filed on or after that date.

The temporary maintenance law applies to those marriages where the combined gross incomes of the husband and wife is $75,000 per year or less. The law is limited to temporary orders for maintenance; that is, those orders that are entered between the time of filing the dissolution of marriage action and the time of the final hearing. This period can run anywhere from a minimum of 90 days to as long as 9 months depending on the complexity of the case.

The amount of maintenance is determined by taking 40% of the higher income person's gross income and subtracting 50% of the lower income party's gross income. By way of example, if Husband earns $4,000 per month, and Wife earns $1,500 per month, the math looks like this: $4,000 x .40 = $1,600; $1,500 x .50 = $750. The presumed amount of maintenance would be $850 per month ($1,600 - $750).

• RELOCATION OUT OF STATE

In the case of Marriage of Ciesluk, the Colorado Supreme Court in 2005 set forth factors to be determined by a Court if a parent wishes to relocate out of state with a minor child. These factors are:

1. The reasons why the party wishes to relocate with the children.
2. The reasons why the opposing party is objecting to the proposed relocation.
3. The history and quality of each party's relationship with the children since any previous parenting time order.
4. The educational opportunities for the children at the existing location and at the proposed new location.
5. The presence or absence of extended family at the existing location and at the proposed new location.
6. Any advantages of the children remaining with the primary caregiver.
7. The anticipated impact of the move on the children.
8. Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted.
9. Any other relevant factors bearing on the best interests of the children.
10. The wishes of the child's parents as to parenting time.
11. The wishes of the children.
12. The interaction and interrelationship of the children with their parents, siblings, and any other person who may significantly affect the child's best interests.
13. The children's adjustment to their home, school and community.
14. The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time.
15. The ability of the parties to encourage the sharing of love, affection, and contact between the children and the other party.
16. Whether the past pattern of involvement of the parties with the children reflects a system of values, time commitment, and mutual support.
17. The physical proximity of the parties to each other as this relates to the practical considerations of parenting time.
18. Whether one of the parties has been a perpetrator of child abuse or neglect.
19. Whether one of the parties has been a perpetrator of spousal abuse.
20. The ability of each party to place the needs of the child ahead of his or her own needs.
21. Whether endangerment is present.

After the Ciesluk case, it will be more difficult for a primary parent to move out of Colorado with the children if the non-primary parent consistently visits the children.

Contact my Colorado Springs office at (719) 635-7272 for more information about your divorce, child custody or related issue.

Law Office of Gary E. Lawyer
104 S. Cascade Avenue, Suite 211
Colorado Springs, Colorado 80903
Phone: (719) 635-7272
Fax: (719) 633-4271

The Law Office of Gary E. Lawyer is a Colorado Springs, Colorado family law practice serving communities of El Paso County, including Black Forest, Calhan, Cheyenne, Falcon, Ellicott, Fountain, Manitou Springs, Peyton, Security, Yoder. The firm also serves military personnel of Peterson Air Force Base, Fort Carson, Cheyenne Mountain Air Station, Schriever Air Force Base, and the USAF Air Force Academy.