Six Reasons to Establish Paternity in Fort Collins, CO

More and more unmarried parents welcome children every year, putting paternity issues at the forefront for many mothers and fathers in Colorado. Though you may not have immediate concerns about establishing parentage, there are some considerations to keep in mind for the future. A Fort Collins paternity lawyer can tell you more about why it’s critical to obtain legal proof of parentage, but some important information may help.

From the Mother’s Perspective

The three top reasons a mother may want to establish parentage may include:

  1. Child Support: Raising a child is not cheap, and Colorado law on child support imposes a duty for both parents to contribute financially. If you want to seek child support from the child’s father, you must first have an order establishing paternity.
  2. Get the Father Involved: Like many mothers, you recognize the critical role a father can play in your child’s development. While you may not get along with the other parent, you may want to establish paternity to open the door to a healthy parent-child relationship.
  3. Social Security Benefits: Even when the father voluntarily provides financial support, your child has no rights to certain benefits unless you have official, legal parentage. Social Security offers a death benefit for minor children, which provides funds on a monthly basis until they turn 18 years old. Under certain circumstances, your child may also qualify for disability benefits or amounts based upon the father’s military service.

Fathers and Paternity

Fathers also have rights, but you cannot enforce them unless you are recognized by law through establishing parentage.

  1. Child Custody: Colorado law uses the term “parental responsibilities” to refer to what’s commonly called custody. As a father, you have the right to participate in major decisions regarding your child’s upbringing, such as education, religion, and extracurricular activities. Unless you are the legal father through a VAP or paternity lawsuit, you have no say in these issues.
  2. Visitation Rights: Parenting time is important to forming a solid relationship with your child, so it’s understandable that you want to exercise visitation rights. Even if the mother voluntarily allows you to spend time with the child, you must establish paternity before you have the legal right to visitation.
  3. Child Support: You may be fully willing to contribute to your child’s financial needs, but you’re in a tough spot if you don’t believe the mother’s assertion that you’re the father. In such a situation, you’d want to have a court make a determination on paternity to protect your own financial interests.

Contact Fort Collins, CO Paternity Lawyers Regarding Parentage Issues

If you have questions about the importance of establishing paternity on either side of the issue, please contact our team at Divorce Matters. We can review your circumstances and advise you on options to seek parentage as the mother or father. Our paternity attorneys can also explain how to handle a situation where you don’t believe you’re the child’s parent. Our lawyers represent clients in Fort Collins, Larimer County, and throughout Central Colorado, and we’re happy to help.

If I Get a Raise, Will My Child Support Increase?

Life happens, and because of this, a child support order is not permanent. Sometimes a parent may find themselves in a new job where they are earning more or they may receive a significant raise at work. On the other hand, sometimes circumstances go the other way, and a parent may find they’ve lost their job. Whatever your circumstances are, if you have a child support order in place there is definitely a chance that at some point it will need to be modified.

To modify a child support order, there has to be at least a 10% difference in the existing child support order and there is no mechanism in place that automatically changes a child support order when a change in circumstance occurs. If a change needs to be reviewed, you need to file a motion to modify child support with the court.

The short answer? You may have to pay more if you receive a raise at work. However, this is not necessarily a given. The difference between the existing child support order and the potential new one has to be greater than 10%. The court also needs to receive a motion to modify child support before the order will change.

Some other situations where child support may be modified:

  • A change in child custody and visitation
  • Reduced child care costs as a child gets older
  • Emancipation of a child

If you believe you need help with a modification of child support, contact the attorneys at Divorce Matters. We also offer a free child support and maintenance calculator app if you need help determining potential changes, our app can be found in both the Google Play and iOS stores, click here to learn more.

3 Ways To Reclaim Valentine’s Day After Divorce

It’s that time of year again, the day the whole world celebrates love. With all of the focus being put towards having the most romantic day ever, this day can often feel painful to those who have recently gone through divorce. But it doesn’t have to be! All of the cards and balloons in the world will tell you that Valentine’s Day is about spending time with a significant other. Who says you have to follow the rules? There are plenty of other people in your life who you can celebrate. Here are three ways that you can reclaim Valentine’s Day for yourself after divorce:

  1. Spend the evening sharing one of your favorite recipes or an old family recipe with your children. Let them pitch in and show them how it’s done! Put on some of your favorite tunes and share that special magic of cooking a meal from scratch with them. Bonus: they will learn the importance of cooking homemade meals!
  2. This year Valentine’s Day falls on a Thursday, meaning most of us have to work on Friday. If you’re feeling like you just want to spend your evening in relaxing, this is a great evening to treat yourself. Grab your favorite dessert or treat, curl up on the couch and watch one of your favorite movies. Spend some time enjoying your own company!
  3. Friends are one of the most important support systems, especially when you are dealing with divorce. If Valentine’s Day has you feeling down, try reaching out to your friends and seeing if any of them are also looking for something to do. Organizing an evening of fun is a great way to take your mind off of things and to share some laughter with that support system.

Which Kinds of Couples Should Steer Away from Collaborative Divorce?

Collaborative divorce is a great option for divorcing couples who are willing to work together to reach appropriate divorce solutions for their unique circumstances. When a couple chooses collaborative divorce, they can save a lot of money and get through the divorce process with minimal stress.

But collaborative divorce is not the right choice for everybody. Some couples simply are not suited to the more freeform structure that comes with collaborative divorce, and these couples are typically best served by litigation or mediation.

Couples who Cannot Communicate Effectively

Successful collaborative divorce hinges on a couple’s ability to communicate with each other effectively. When the partners cannot communicate in a constructive, respectful manner, there is no way for them to reach agreements about their divorce order.

Couples with a History of Domestic Violence

When one partner has a history of abusing the other, collaborative divorce is not the right choice. Even if the abuse happened long in the past, lingering fear, resentment, and a power imbalance make it impossible for the couple to work together in a productive way that serves both parties’ needs.

Couples who Do Not Trust Each Other

Similar to couples who cannot communicate effectively, couples who do not trust each other are not suited to collaborative divorce. After all, if an individual does not trust his or her spouse to be upfront about the state and value of their marital assets, how can he or she expect to have a constructive conversation about them? An individual who suspects his or her spouse is hiding assets may enlist a forensic accountant to locate any hidden assets to ensure they are accurately divided.

Sometimes, outside professionals have to get involved in a divorce to help the couple reach appropriate determinations, like valuing their home so the couple can decide whether to sell it or have one partner buy out the other’s share of its value. This is not the same as needing a forensic accountant to uncover hidden assets ”“ any time there is deception or even suspected deception at play in a divorce, the couple should not choose a collaborative divorce.

Couples who Need Structure and Guidance from the Court

Sometimes, even couples who can work together want the additional support and structure that the courtroom brings. These couples might choose to have the court determine every part of their divorce or just the parts where they cannot reach their own agreement, like their child custody order.

Work with an Experienced Denver Collaborative Law Attorney

Collaborative divorce is not for everybody. If you are not sure if collaborative divorce is for you ”“ or if you are certain that it is or is not the right choice for your divorce ”“ schedule your initial legal consultation with an experienced Colorado divorce lawyer today to learn more about your rights and legal options. Our team at Divorce Matters is here to help you take control of your divorce and move forward in a productive manner.

What are Some Good Reasons to Reduce the Amount of Alimony I Pay?

When the court calculates your spousal maintenance order, it does so using all relevant factors about you and your spouse’s incomes, financial needs, and lifestyle at the time of your divorce. But as the years pass and your lives change after the original order is signed, your needs and financial realities can change dramatically. When this happens, you can modify your maintenance order by filing a motion to modify it with the court.

The court has the discretion to determine whether or not to grant the modification you request. If it determines you have a valid reason for seeking the modification, it will likely approve the request. Below are a few good reasons to pursue a modification. In some cases, you can even request that your order be terminated before completing its originally stated term.

You Lost Your Job

Staff reductions happen. Layoffs happen. Terminations happen for a wide variety of reasons. The point is, if you lose your job against your will, you can state this as a valid reason for seeking a modification to your alimony order. Similarly, having to accept a pay cut is a valid reason to cite for needing an alimony modification.

The key phrase here is “against your will.” Voluntarily quitting your job is not a valid reason for pursuing a change to your spousal maintenance order.

Your Former Spouse is Cohabitating

In Colorado, spousal maintenance automatically terminates when a recipient remarries. With this in mind, many recipients choose to cohabitate with a new partner instead of remarrying. If your spouse is living with a new partner, provide proof that they are living together in your motion for a modification to prove that he or she no longer needs the amount of support outlined in your agreement.

You Become Ill or Disabled

The reality of living in the United States is that when you get sick, your medical expenses can put you into severe debt. When you are facing substantial medical expenses or the inability to work due to an illness or disability, you can cite this as a reason for seeking a modification.

You Have Another Child

Raising children is expensive. The court understands this, and it also understands that people move on after their divorces and often, moving on means remarrying and having children with a new spouse. In your motion to modify your spousal maintenance order, stating that you have a new baby to support is a valid reason to reduce your financial obligation to your former partner. Typically, this only applies to your own children, not your new partner’s children who move into your home.

Work with an Experienced Denver Divorce Lawyer

To learn more about the process of modifying an existing spousal maintenance order, schedule your legal consultation with a member of our team of Colorado divorce lawyers at Divorce Matters. Our team is here to answer your questions and help you achieve your post-divorce goals.

How Taxes on Alimony Will Be Calculated Differently for Denver Residents in the New Year

If you filed for divorce recently in Denver, or if you are considering filing for divorce once the holidays are over, you may know that changes to federal tax law will impact how alimony or maintenance payments are taxed beginning in 2019. More specifically, the Tax Cuts and Jobs Act (TCJA), most of which took effect earlier, flipped the tax implications of alimony and maintenance payments, meaning that the party who used to pay taxes on maintenance no longer will be taxed, and vice versa.

We will say more about the TCJA implications for alimony and maintenance payments in 2019, and then we will explain how changes to Colorado alimony law are intended to offset the federal tax law changes.

Federal Tax Law Changes to Alimony and Maintenance Payments

An article in CNBC explained how the Tax Cuts and Jobs Act will eliminate the alimony tax deduction for payor spouses beginning on January 1, 2019. If you are currently in the process of getting divorced and could finalize the divorce before the New Year, then you will not be subject to the new system of taxation. However, all divorces finalized on January 1, 2019 and afterward will have to use the new model.

Under the federal tax law prior to the passing of the TCJA””the law that remains in effect until 2019–the payor spouse (the one making the payments) is permitted to deduct alimony payments from his or her income prior to paying federal income taxes. In other words, The spouse who pays alimony has not been paying taxes on the amount of income earned that goes toward alimony. Instead, the payee spouse (the one receiving the alimony payments) pays federal taxes on that money as if it were income.

The TCJA changes this. Starting on January 1, 2019, any divorces finalized in which alimony or maintenance is awarded will result in the payor spouse being taxed on alimony payments and the payee spouse being allowed to deduct the alimony payments. In other words, the alimony payments will be taxed as part of the payor spouse’s income instead of the payee spouse’s income. Since the payor spouse earns more money than the payee spouse, and higher incomes are taxed at higher rates, the new system means that the federal government will be able to collect more in income taxes for the alimony when it is taxed from the payor spouse’s income.

How Colorado Maintenance Law Has Changed in Response to the TCJA

Recognizing that the TCJA will affect Colorado residents, the Colorado legislature revised the state’s maintenance law. These changes aim to offset the TCJA shift in taxation.

Under Colorado law (C.R.S. § 14-10-114), a maintenance cap was instituted for couples whose divorces were finalized on August 8, 2018 and after. Then, largely in response to the TCJA changes that will take effect for divorces finalized in 2019 and afterward, the payee spouse (the one receiving the maintenance payments) will only receive 80 percent of the maintenance amount calculated if the parties; combined gross income totals $10,000 or less. If the combined gross income of the parties is between $10,000 and $20,000, then the payee spouse will receive 75 percent of the maintenance amount calculated under the cap formula.

The idea is that awarding only a percentage of the maintenance calculation to the payee spouse will offset the tax that the payor spouse will be responsible for paying.

Contact a Denver Alimony Lawyer

If you have questions about alimony or maintenance payments in Colorado, a Denver divorce lawyer can assist you. Contact Divorce Matters today to speak with an experienced advocate.

Modifying Child Custody When Moving Out of Denver, CO

If you are currently divorced and share a minor child with your ex-spouse, you likely have a parenting plan in place that allocates parental responsibilities, including important decision-making responsibilities for the child as well as parenting time, or when each parent physically cares for and spends time with the child. But what happens if you apply for and are offered a new job that requires you to move out of Denver? And does the answer to that question change if you are simply moving elsewhere in the state of Colorado as opposed to another state?

The matter of relocation can be complicated for parents in Denver, especially when the parents do not agree that a relocation is in the best interests of the child. We will discuss the process of relocation and how a parent can seek to modify parenting time.

Distance of the Move and How It Affects a Relocation

If you are simply moving to another house in the Denver city limits, or if you are moving to a nearby suburb like Holly Hills or Highlands Ranch, you likely will not need to seek permission for your relocation. However, according to Colorado law (C.R.S. § 14-10-129), when one of the parents intends to relocate with the child to a home that significantly changes the geographical ties between the child and the other parent, then the parent seeking to move must inform the other parent and begin taking steps toward a lawful relocation.

To be clear, if you want to move to a new home in the general Denver area, it is unlikely that the move would substantially change the geographical ties between your child and the other parent. However, moving farther away””whether it is to another city in Colorado that is some distance away or to another state””then you will need to do the following:

  • Provide the other parent with written notice, as soon as it is practicable, of your intent to relocate;
  • Provide the other parent with the location of where you intend to reside and your reason for the relocation;
  • Provide a proposed revised parenting time plan; and
  • Schedule a court hearing for a modification of parenting time.

Motion for a Relocation

If the other parent agrees to the modification, the process is much easier. However, if the other parent does not agree, you will need to seek permission from the court. When you seek to modify a parenting time plan in Denver with the permission of the court, you will need to file a motion for relocation. In determining whether to grant your motion, the court will decide whether the relocation is in the best interests of the child. In order to make that determination, the court will look at a number of different factors, including but not limited to:

  • Reasons you want to relocate with your child;
  • Reasons the other parent objects to the relocation;
  • History and quality of your relationship with the child since the parenting time order took effect;
  • History and quality of the other parent’s relationship with the child since the parenting time order took effect;
  • Educational opportunities for your child at your current location and at the new location;
  • Advantages for the child to remain with the primary caregiver;
  • Anticipated impact of the move on your child;
  • Whether court will be able to revise the parenting time schedule in a reasonable manner if it permits the relocation; and
  • Other factors involved in determining the best interests of the child.

While moving can be difficult on children, as an article in Psychology Today suggests, this fact alone does not mean that a relocation is not in the child’s best interests.

Contact a Denver Child Custody Attorney

If you have questions about relocation or other aspects of your parenting time plan, an experienced child custody lawyer in Denver can assist you. Contact Divorce Matters today.

You Should Prenup

Getting married and deciding to merge your life and your finances with another person in a legal way is a huge decision. And once the decision to marry is made, there are numerous other decisions that follow, too, such as what type of wedding you’ll have, how you will divide household tasks and earnings, and what your parenting style will be (if you decide to have children, that is). One conversation that you and your future spouse should have when discussing your life plans is in regards to the value of a prenuptial agreement. At Divorce Matters, we believe that prenuptial agreements can be valuable tools that, in the event of a divorce, allow for clarity and mitigate conflict. Here are some reasons why you should consider a prenup–

You Want to Protect Separate Property

There is a strong chance that you, your future spouse, or both of you are entering the marriage with separate property that you each find valuable, and would hate to lose in the event of a divorce. This might include family heirlooms, a family business, or even personal cash reserves. What’s more, you and your spouse may want to keep income and assets separate over the course of the marriage. If any of these are true, then creating a prenuptial agreement can help to ensure that both of you have protection, and that in the event of a separation, you will have the right to keep your assets.

Protect Yourself from Debt

Just as you may want to protect your personal assets, and your spouse theirs, so may you want to protect yourself from incurring any of your spouse’s debts. Suppose your spouse has credit card debt when entering the marriage, is a sole proprietor and has business debt, or plans to accumulate debt in the future by attending graduate school or pursuing another personal endeavor – whatever it is, if you do not want to be liable for that debt in the event of a divorce, you need to include a provision in your prenuptial agreement regarding this.

Mitigate Conflict in the Event of Separation

Surely, no one marries with the intent of getting divorced. But even the best of marriages are trying, and sometimes, the stress of marriage is too much for a couple to handle. If you and your spouse do decide to divorce, you can at least take comfort in the fact that the divorce process will be relatively straightforward if you have a prenuptial agreement, as you will not have to worry about working together to reach a determination about how property should be divided.

Call Our Lakewood Divorce Attorneys Today to Learn More

As you plan for your future and your relationship, don’t rule out the formation of a prenuptial agreement. A prenup can have myriad benefits, and can actually be a positive for couples. To learn more or start the process of forming your prenuptial agreement today, call our team at Divorce Matters directly or send us a message requesting more information.

Debt after Divorce

As married couples navigate life, it is common for them to incur various forms of debt. To be sure, a couple may purchase a house together and have mortgage debt; may buy a car and be liable for car payments; may go to graduate or professional school and incur student loan debt; may suffer a health scare that results in medical debt; or may even just be poor at budgeting and incur credit card debt as a result.

If a couple decides to divorce, this debt must be dealt with. To be sure, the divorce agreement must include a determination about who is liable for which forms of debt and how much debt. If you are getting a divorce in Colorado, here’s a look into how marital debt may affect your divorce settlement–

Marital Debt – How’s it Divided?

Colorado is an equitable distribution state, which means that marital assets must be distributed equitably among the spouses at the time of divorce. This rule also applies to debt; debt must be equitably distributed, but not equally distributed, amongst the two parties during a divorce.

Marital debt is typically considered debt that is incurred during the course of the marriage, whereas separate debt is debt that’s incurred prior to a marriage’s formation. Assets acquired during the course of the marriage include those that are only titled in one spouse’s name. For example, if your spouse purchased a new car during your marriage and the car is only in their name, you will likely still be liable for this debt.

With this standard in mind, the court does not always hold that all debt accumulated during the marriage is marital debt. In fact, the court may assign debt to one party depending upon the type of debt. For example, if your spouse took frequent trips to Vegas and blew thousands of dollars while there, the court may not hold you liable for this debt.

Reaching a Property and Debt Division Agreement

You and your spouse have the opportunity and the right to come to an agreement about how marital debts will be divided rather than turning directly to the court for a decision. This is strongly recommended; reaching an agreement together is typically less expensive, and there is a greater chance of you both getting a little bit of what you want. When negotiating your debt settlement agreement with your spouse, consider the following:

  • Compromise. Be willing to give up something to get something that you want. The more flexible you are, the better the chances of reaching an agreement out of court.
  • Be amicable. It can be difficult to negotiate with your spouse with a smile on your face. While kindness may feel elusive, try to be amicable. This will encourage your spouse to be amicable as well, which can make reaching an agreement more plausible.
  • Work with a professional. It’s smart to know exactly what your options are, and what the consequences of your divorce settlement will be. A professional accountant or lawyer can guide you and help to protect your best interests.
  • Hire a lawyer. Negotiations can be trying – hire a lawyer to represent you during the process and ensure that you don’t end up with a settlement that unfairly leaves you with mountains of debt.

Call Our Denver Divorce Attorneys Today

To learn more about debt in a Denver divorce, call our professionals at Divorce Matters today. We are a team of experienced lawyers who work hard for our clients.

Signs of Domestic Violence, and How to Help

Unfortunately, domestic abuse remains a serious problem in Colorado. According to the latest data provided by the National Coalition Against Domestic Violence (NCADV), approximately 16,700 domestic violence reports are filed with law enforcement in the state each year.

Sadly, the true extent of the domestic violence problem is undoubtedly far higher than the official law enforcement numbers show ”” not only are most domestic violence cases never actually prosecuted, the vast majority of the victims never file a formal report at all.

Here, our dedicated Fort Collins divorce attorneys offer an overview of some of the warning signs of domestic abuse. In addition, we highlight three important tips that friends and family members should keep in mind if they want to help.

The Warning Signs of Domestic Abuse

It is important to remember that every domestic violence case is unique ”” abuse can take a wide range of forms, and different strategies may be required to provide useful help for different victims. Simply put, domestic abuse is extremely complicated. It is not uncommon for victims to be unsure, unaware, or in denial of the abuse. Some of the most common warning signs of domestic abuse include:

  • Controlling behavior;
  • Forced social isolation;
  • Extreme jealousy;
  • Verbal threats and intimidation; and
  • Any form of physical violence.

If you see actual injuries or other signs of physical abuse, you need to take immediate action. Of course, physical abuse can be covered up. Loved ones who suspect a problem should watch for the other warning signs of domestic violence as well.

How to Help a Domestic Violence Victim

  • Be Aware of the Situation

If you suspect domestic violence, you need to follow up on the issue. It is common to have credible suspicions without actually being entirely sure as to what is happening. The victim may even deny the abuse, or they may downplay the problem. This does not mean that you should let it go: You should always keep your eye on the situation and be ready to take action.

  • Help Them Develop a Workable Safety Plan

Dealing with domestic violence is incredibly challenging. On top of the terrible emotional issues, there are often complex logistical matters that must be resolved before a victim can get the help that they deserve. If you want to help a loved one, you must focus on assisting them in creating a workable safety plan. This includes everything from getting them to a safe location to sleep to making sure they have transportation and protection for their kids.

  • Be Ready to Seek Professional Guidance

You should always be prepared to seek professional guidance. You do not have to go through this on your own. One of the best starting points is the National Domestic Violence Hotline. For immediate assistance, you can call 1-800-799-SAFE. Free domestic abuse help is available 24/7/365.

Speak to a Domestic Violence Lawyer Today

At Divorce Matters, our compassionate Fort Collins domestic violence attorneys are committed advocates for our clients. We understand that each case is unique and we offer every person the fully individualized legal guidance that they need and deserve.

To arrange a fully private consultation, please do not hesitate to contact our legal team at (720) 580-6745. With offices in Lakewood, Greenwood Village, and Fort Collins, we serve clients in metro Denver, the Front Range, and throughout the state of Colorado.