Attorney Spotlight: Heather Rubin

Attorney Heather Rubin always knew she would be an attorney. She grew up in a family of attorneys and by the time she graduated from college, she knew that law school was calling her. Her love of research, writing, and education made being an attorney the obvious next step! Her incredible attention to detail and ability to listen to and understand her clients sets her apart from the rest. Her life experience allows her an understanding that family law is often a last resort for people navigating incredibly stressful and emotional life situations. This unique point of view allows her to sympathize with her clients in a way that a lot of other attorneys cannot. Heather likes to say that she “carries the legal burden” so her clients can “carry the emotional burden.” She knows how difficult even just an initial consultation can be and she does her best to provide an environment of trust and communication right off the bat.

Heather has over 17 years of experience in various areas of law, including family law, trust and estate law, and litigation. In addition, Heather works closely with families going through dependency and neglect cases. She relishes the opportunity to be a voice to children who wouldn’t otherwise be heard through through the legal system. Before joining Divorce Matters, Heather even ran her own law firm as a solo practitioner! Her love of law has allowed her to continue her legal education throughout her career, as well as volunteer with Metro Volunteer Lawyers.

While Heather is an expert in all areas of family law, she is particularly adept at handling high conflict cases. Her expertise allows her to remain calm and fight for the very best for her clients, especially if there are children involved. This is especially true in allocation of parental responsibility and post-decree cases.

In her free time, Heather is a competitive marathon runner and has participated in both the Boston and New York City Marathons! 

 

Is Alimony Taxable?

Alimony is a payment, typically paid from the higher earning spouse (the paying partner) to the lower earning spouse (the receiving partner). This payment is meant to help the lower earning spouse be independent and self-supporting.

When you’re going through a divorce, the tax implications probably aren’t what you’re focused on. However, the taxes you pay on alimony can be important to your own personal finances and budgeting. Because the rules on alimony being taxed have recently changed, it is important to know the ins and outs of the IRS’s rules for alimony, also known as spousal maintenance in Colorado.

Is Alimony Taxable?

Whether or not you pay taxes on alimony depends on if you are the paying partner or the receiving partner. If you are the paying partner, your payments are NOT tax deductible. Your taxes will be calculated with your entire income, pre-alimony payments. If you are the receiving partner, your alimony payments will NOT be taxed as income. You will be able to retain the entirety of your alimony payment, even after taxes. It is important to note that the policy on taxed alimony is separate from the policy on taxed child support. Child support is never taxed in the state of Colorado.

The Exception to the Rule

While alimony is taxed currently, it wasn’t always that way. Prior to 2019, alimony was tax deductible for the paying partner and taxed as income for the receiving partner. If your alimony agreement was entered prior to the change in legislation, you will be grandfathered in. This means that if your alimony agreement was entered before January 1st of 2019, you will be subject to the previous legislation. In this case, if you are the paying partner, your alimony payments will continue to be tax deductible. If you are the receiving partner, your alimony payments will continue to be taxed. If you’d like more information, you can read it straight from the IRS here!

How We Can Help

Divorce Matters attorneys are well-versed in every aspect of divorce, including alimony. We can help you understand your options, whether you’re just starting out in the divorce process or if you need to change your current alimony arrangement. If you have any questions regarding your current alimony

arrangement, give us a call at (720) 386-9176 or click here!

Congratulations to the 2022 Divorce Matters Scholarship Winner, Amanda Nguyen!

Divorce Matters is proud to announce Amanda Nguyen as the winner of the 2022 Divorce Matters Academic Scholarship! Although we received many qualified applicants, as always, Amanda stood out from amongst her peers. The Divorce Matters Scholarship Committee was impressed with Amanda’s academic record, dedication to her community, and her excellent and emotional essay. Throughout high school and college, Amanda has taken the most difficult courses and earned the best grades, even making the Dean’s List in her first two semesters as a college student. In addition to her academic prowess, Amanda has focused her efforts on the community by working with the Colorado Homeless Assistance with Medicine Program and Sammies and Smile.

Amanda is currently attending the University of Colorado Boulder and will be graduating in 2025. She is majoring in Integrative Physiology and plans to continue her education after her graduation by attending PA School to become a Pediatric Physician Assistant.

When asked what this scholarship meat to her, Amanda told Divorce Matters that the scholarship has lightened her financial burden. In her own words, the Divorce Matters Scholarship “allows me to focus more on the most important aspect of school: learning. With my burning passion to help others, this scholarship is an opportunity for me to succeed financially and academically as I continue my ongoing educational journey in healthcare. This scholarship means so much as it isn’t just benefiting me, but it is also alleviating some of the financial burden it has on my mom. My mom has always been my number one supporter and I am extremely grateful that she is helping me financially in order for me to chase after my academic dreams.”

It is our honor to award Amanda with this scholarship. We wish her the very best in her undergraduate education, and in achieving her goal of becoming a Pediatric Physician Assistant. Based on her record of excellence, we are confident that she will achieve anything she sets her mind to.

We want to thank everyone that applied and wish you all the very best in your academic endeavors!

Colorado Springs Hidden Gems

While Denver may be the first city that comes to mind when most people think of Colorado, there are plenty of other cities in Colorado to explore. Colorado Springs is the second largest city in Colorado and perfect for exploring! It has plenty to offer, from nature to great restaurants to arcades. Check out some of our favorite Colorado Springs hidden gems below:

Space Foundation Discovery Center 

The Space Foundation Discovery Center is the only dedicated science and technology center in the region! The Discovery center is interactive and educational, making it a perfect destination for young kids and their parents alike. See where and when you can visit them at their website, here! 

Crystal Creek Reservoir 

The Crystal Creek Reservoir is a huge expanse of water near the Pike National Forest. Crystal Reservoir is the perfect place for a variety fo outdoor activities, including birding and wildlife viewing, kayaking, and fishing! There is also a foot trail around Crystal Creek Reservoir, perfect for a short hike! Check out their website to learn more about how you can visit.

Battlefield Colorado 

Battlefield Colorado is a HUGE outdoor laser tag arena with the opportunity for two teams to compete in “combat-style adventures”.  No prior experience is necessary and because it’s laser tag, there is no pain, paint, goggles, or gear required! Learn how to book time for yourself here! 

Colorado Wolf and Wildlife Center 

The Colorado Wolf and Wildlife Center is a wildlife sanctuary certified by the Association of Zoos and Aquariums (AZA). They spend their time educating the public about wolves, coyotes, and foxes and their natural ecosystems. A variety of tour are available to check out their residents, including options to feed the animals! Learn more about their tours and how you can visit on their website. 

Miramont Castle 

Miramount Castle is a gorgeous building maintained by the Manitou Springs Historical Society. The castle was built in 1895 and had indoor plumbing and electricity, a rarity for its time. Today, you can visit the castle garden, check out gorgeous architecture, and even enjoy high tea! Learn more about the building and how you can visit here.

Paint Mines Interpretive Park 

The Paint Mines are a gorgeous and unique open space named for the colorful clays. Historically, Native Americans used these colorful clays to make paint! You can see the gorgeous views via hiking or interpretive displays. Learn more here. 

Cheyenne Mountain Zoo

The Cheyenne Mountain Zoo is an AZA accredited zoo that has been voted the 3rd Best Zoo in North America by USA Today! The Cheyenne Mountain Zoo offers all kinds of family fun, from up-close animal experience to animal demos. Just remember that advance tickets are required! Buy your tickets here.

Bonus: Garden of the Gods

While this attraction certainly isn’t hidden, it’s the definition of a gem. Not only that, but admission is free! Get more information here. 

Lakewood Hidden Gems

The Divorce Matters offices spread across the Front range and give the perfect opportunity for our employees to explore our beautiful state! While Lakewood isn’t one of Colorado’s major cities, it offers plenty to explore! Thanks to some help from the Crazy Tourist, we’ve listed some of our favorites for you below:

Bear Creek Lake Park

Bear Creek Lake Park is a gorgeous 2,000+ acre park perfect for hiking, picnics, camping, fishing, boating, windsurfing, biking, swimming, and even archery! The swimming beach is open from the end of May through Labor Day and hours for the park depend on the month. Check out their website for the specifics!

Belmar Downtown District

The Belmar Downtown District is a vibrant area based around a central plaza. In the summer months, you can check out concerts and performances and in the winter months, the plaza turns into an ice skating rink! Learn more about the downtown area on their website!

Denver Federal Center Farmer’s Market

You can check out the Denver Federal Farmer’s Market at Bicentennial Park in Lakewood, CO. The Market features easy public access, free parking, and amazing local vendors!

Great Frontier Brewing Company

The owner of Great Frontier Brewing Company has been brewing beer for years, starting with a home brewing kit he got for Father’s Day! Great Frontier specializes in gluten-free and gluten-reduced beers for celiac and gluten free customers! Check out their hours in their website!

Kendrick Lake Park

Kendrick Lake Park is home to one of the most gorgeous xeric gardens in the state! A xeric garden is a garden specifically adapted to dry conditions, perfect for the Colorado weather. In addition to checking out the gorgeous garden, you can walk the measured mile path, fish, or take your kids to play on the playground. Learn more on their website!

Bear Creek Greenbelt Park

The Bear Creek Greenbelt Park is an almost 400 acre preserve parallel to Bear Creek. The paths provide gorgeous views of the creek and are dog friendly! Check out more on their website.

Dinosaur Hotel

While a Best Western may not be what comes to mind when you think of “hidden gems”, the Best Western Southwest is just that. Denver’s “Dino Hotel” features dino skeletons, dino statues, a jurassic dig pit, and more! To book, visit their website!

 

 

 

Fort Collins Hidden Gems

Fort Collins, Colorado is an underrated city full of hidden gems. From hikes with a view to pigeons taking pictures, you’ll find it all in FoCo.

Swetsville Zoo

Despite its name, the Swetsville Zoo is not the destination to view exotic animals. It is however the perfect destination to view over 170 sculptures ranging from plants to animals to space ships. The sculptures have been fashioned from recycled metal. They do not have a website, but you can check out this roadside spectacle from 10 am to 4 pm every day of the week!

Pigeon Express

The Pigeon Express is one of the most unique photography programs this side of the Mississippi! Pigeon Express uses specially designed backpacks strapped to homing pigeons to capture film of your rafting trip on the Cache la Poudre River. To learn more about how to participate in this amazing, one-of-a-kind experience, visit https://www.shoprma.com/pigeon-express/

The Lyric 

The Lyric is a locally owned independent cinema, event space, music venue, art gallery, and retail space! Check out their website to learn more about their Outdoor Movies, family-friendly events, and Deconstructed Dinner series!

Horsetooth Reservoir

Horsetooth Reservoir is a six and a half mile body of water for visitors to use for fishing, boating, camping, picknicking, swimming, scuba diving, rock climbing, and water skiing! This gorgeous area is open all year round, though hours may change depending on the season! Check out their website for more information!

Gardens on Spring Creek

These beautiful botanical gardens offer 12 acres of gorgeous plants and butterflies! You can also check out summer concerts, homesteads, catered dinners, art exhibits, and more! You can learn everything about the Gardens here!

Arthur’s Rock

This gorgeous trail in Lory State Park is a must see view of Fort Collins! The hike is 3.4 miles out and back with 1,100 feet in elevation gain. Dogs are allowed, so this is a perfect hike for you and your best friend!

Farm at Lee Martinez Park

The Farm at Lee Martinez Park offers hands-on family fun with both educational and interactive experiences. Check out their hours and more about what you can do there here! 

Holiday Twin Drive In 

The drive in is perfect for a date night or some family fun! Holiday Twin is one of the few drive ins in the state and is perfect for the summer. Check out the movie schedule and dates at their website! 

Sundance Trail Guest Ranch 

Sundance is a dude ranch perfect for your weekend getaway or even a day trip! You can horseback ride, river raft, shoot, rock climb, and more. To plan your visit, check out their website!

Colorado Shoe School

Learn to make your OWN SHOES at the Colorado Shoe School. They have classes for sandals and sneakers for a 1/2 day, a full day, or 2 days. You can schedule your class here.

Will My Child Support Increase with My Kids’ Age?

Understandably, child support is a much inquired about topic at Divorce Matters. How and why child support is determined is often a mystery, leaving parents with questions about how much they’ll have to pay, how it will be determined, who will pay who, and if child support will change throughout the years. With all these factors at play, it makes sense to wonder if your child support may change as your kids get older.

The answer to this question is a little more complicated than it might seem. Technically, child support does not automatically increase or decrease due to children getting older. However, child support orders are not permanent and can change over time. As kids get older there may be more or less cost associated with raising them, which can affect child support payments. Generally, the court will consider a change in child support if there is a significant and ongoing change. The term “significant” can be pretty vague, but the court generally views this as about a 10% change in the child support payments themselves. This change can be either an increase or a decrease.

If you believe there has been significant and ongoing change in child-rearing costs, it is best to get in contact with one of the expert attorneys at Divorce Matters! They can help you file the Child Support Modification paperwork necessary to get the ball rolling. If you would like to speak to an attorney, give us a call at (720) 386-9176 or fill out our Contact Form!

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.

How Do I Deal with a Vindictive Ex?

Going through a divorce is hard enough as it is, but when your spouse becomes vindictive, the process automatically becomes ten times harder. Vindictiveness can include all kinds of things, like removing your name from bank accounts, alienating the kids, making unfounded accusations, and even making unnecessary request of the court just to make your life a little harder. It can be hard to know the best way to deal with your vindictive ex, but in the end it’s pretty simple.

The Best Reaction is No Reaction

It can be hard not to react when it feels like your ex is trying to knock you down, but it truly is the best reaction in this scenario for a couple of reasons. You’ll save your own emotional energy if you aren’t arguing and fighting over everything your ex does and, if kids are involved, it will stop the kids from seeing the fighting.

Reduce Direct Interaction

Try to interact with your ex as little as possible. Once attorneys are involved, this should be pretty easy, as all communication can go through attorneys. If your ex continues to seek out direct interaction, you can always speak to your attorney about getting a protection order for your safety.

Record Interactions

With direct interaction limited, most communication will likely be digitally. Be sure to save those messages and emails, just in case they might prove useful in court.

Set Boundaries

This is the most important part! Your mental health can take a turn for the worse when dealing with a divorce, a vindictive ex, and every day life. Make sure to set boundaries on what you are and are not willing to do and deal with as you continue through the divorce process. Try not to compromise your own boundaries and don’t be afraid to speak to a therapist to help you out!

Dealing with a vindictive ex is incredibly time consuming and emotional! Don’t be afraid to reach out for help. Your attorney and the rest of your “divorce team” will be your saving grace!

Can Cheating Affect My Divorce?

Adultery (known as cheating, in more modern terms) is a word you often hear connected to divorce. But what does cheating really mean for your Colorado divorce case? Can it hurt you while you are divorcing?

No Fault Divorce

Colorado is a no fault divorce state, meaning that couples seeking a divorce don’t have to show a reason for their divorce. In Colorado, a divorcing couple simply has to state that their marriage is “irretrievably broken”. Because of this, Colorado law specifically notes that adultery is not a legally recognized reason for divorce.

On the other side of the coin, in states that do require grounds for divorce, adultery is considered a legitimate reason to get divorced. In some states, adultery can even affect the amount of alimony given out, especially if the spouse requesting the alimony is the one who committed adultery.

Can Adultery Affect Alimony?

The short answer is no. A judge in Colorado will consider a laundry list of factors when deciding on how much alimony is appropriate, including:

the financial resources of each spouse

the couple’s lifestyle and spending habits during marriage

the education, employability, and earning capacity of each spouse

the marriage length

the age and heath of each spouse, including any special healthcare needs

non-monetary contributions to the marriage, like child care

any other factors that are relevant

Notice that this list does not include adultery. That is because Colorado judges actually cannot consider adultery, or ay other misconduct, when making alimony decisions.

Can Adultery Affect Child Custody

As with alimony, adultery will not affect the court’s child custody decision. The child’s best interests are the most important thing to take into consideration, not the parents’ fidelity.

If you would like to schedule and initial consultation and discuss the effects of adultery with one of our highly experienced divorce attorneys, visit our website!

How Should I Communicate With My Ex During Our Divorce?

When you’re in the midst of a divorce, whether its contentious or not, it can be difficult to know how to communicate with your former significant other, especially if there are children involved! However, communication doesn’t have to be difficult! With a few simple tips and tricks, you’ll have a better idea of how to effectively communicate during your divorce.

Avoid Communicating When You’re Upset

There are likely going to issues that arise when going through a divorce, or even as you continue to coparent your children. While it is always advantageous to discuss your true feelings, sometimes it’s worth waiting a little while. Before you make a phone call or press send on an angry text, take a few hours to process and digest and come back to it. It will help make your communication with your ex calmer and will likely help you with clearly articulating your feelings!

You Don’t Need to Response to Every Message

Sometimes it is okay not to reply. If your ex is trying to pull you into trivial issues and arguments, ignore them! Only communicate when necessary and about topics that relate to current issues, like your divorce or your children.

Set Boundaries

Following in the footsteps of not answering every single message, know that it is okay and encourages to set boundaries on your communication with your former spouse. While it isn’t wise to ignore them completely, feel free to set boundaries on times you are willing to talk, how you are willing to talk, and what you are willing to talk about. For example, you may say you’re only willing to communicate via email or text on weekdays and only about divorce-related topics. Setting these boundaries will allow you to feel refreshed and reset when you do come back to the conversation, as well as allowing for privacy.

Avoid Social Media

Try to avoid posting on social media about your divorce, your former relationship, or you new relationship. While it may be tempting to share, it will help avoid an emotional reaction from your spouse and keep your social media posts out of the court room as evidence.

Concentrate on Present Issues

When discussing any issues with your ex, try to stay on topic. It will help to avoid conflict if you avoid hashing out issues that have already been solved, either by you or by the court.

Make Sure You Are Heard

It is important to ensure that communication between you and your ex is clear and concise. It can be helpful to ask out loud and say “Can you tell me what you hear me saying? I want to make sure I am communicating correctly”. The same can go for making sure that they are heard. Restate what you are hearing so that they know they are communicating correctly.

Take a Break

If your conversation isn’t going anywhere, take a break and come back to it another time. It can be helpful to come back to a conversation after a night or rest or cooling down a bit. This doesn’t mean that you can hang up whenever you feel like it, but rather that you have the ability to take an intentional pause and come back to the situation when the time is right for both of you.

Overall, it is important to remain respectful and act responsibly. You don’t want to add any additional stress to the divorce or coparenting process. Bad communication skills can even add to conflict and prolong the divorce process! When all else fails, know that you can always keep contact to a minimum by only speaking through your attorneys. In this case, and in any case, be sure to save as much of your communication as possible, in case you need it in the future!

If you’d like to discuss this issue, or any other, with one of our season divorce attorneys, contact us today!