What if I Believe My Spouse is Unfit to Take Care of Our Children?

If you believe that your spouse (or former spouse) is unfit to care for your children, there are a few possible routes to take. The route that you take will depend on the urgency and severity of the situation. If the situation does not require immediate attention, you can file a “Motion for Modification of Parenting Time”. If the situation is more urgent and needs to be remedied immediately, you can file a “Motion to Restrict Parenting Time” or you can call Child Protective Services (CPS). You can learn more about each of these options below.

Motion for Modification of Parenting Time

There are a few different routes to take depending on the severity of the situation. If your concerns do not require immediate attention, you can file a “Motion for Modification of Parenting Time” as discussed above. This motion may be filed every two years or as often as necessary, as long as you can prove that circumstances have changed. The change in circumstances could be a variety of things, including, but not limited to, moving, use of drugs or illegal substances, or the creation of an unsafe situation for children. In proving this change of circumstances, it may be helpful to hire a third-party investigator, called a Child and Family Investigator or Parental Responsibilities Evaluator. To be clear, this is not an immediate solution and will take a minimum of 3 months to complete. Following a minimum of 3 months, the court may deny the modification and elect to keep the parenting plan consistent or modify the plan in line with the requested modification or in any way the court sees fit to modify the parenting time agreement.

Motion to Restrict Parenting Time

If your situation is more urgent, there are two roads that will lead to a quicker resolution from the court. One of these options is to file a “Motion to Restrict Parenting Time”. This motion must include the reasons that you believe the children will be endangered, either physically or emotionally, by remaining in the care of the opposing parent. The court is required to set a hearing date within 14 days of filing this motion, making it significantly quicker than filing a “Motion for Modification of Parenting Time”. When the date of the hearing comes around, you should make sure to bring any evidence you have that your children are not safe with the opposing parent. It is important that this evidence is not just what your children have told you, as this can be considered “hearsay” and may not be admissible evidence. If the court finds that you are correct and the other parent is physically or emotionally endangering the child, there may be steps or restrictions put into place that the opposing parent must go through if they want to regain any parenting time. For example, if the opposing parent has been using drugs, the court may order a rehabilitation program before they are allowed to regain any parenting time. The court can also restrict or reduce the opposing parent’s parenting time. It is important to remember that this is a very serious claim and should not be filed without base. If this motion is found to be baseless or vengeful, the court may require you to pay the opposing parent’s attorney fees.

Child Protective Services

The second option for a more urgent case is contacting Child Protective Services (CPS). CPS is a government agency that investigates claims of child abuse or neglect. This is the most serious action and will result in the most immediate response. Before getting more into this process, it is important to note that calling CPS on the opposing parent will also invite CPS to investigate you. The organization is meant to make decisions in the best interest of the child and they cannot do this without investigating every aspect of your children’s lives.  This investigation will include interviewing both parents, various witnesses, and the children themselves. CPS will generally make findings of the best situation for the children without initiating action through the court. In more severe cases, however, CPS will initiate action through the courts called a “Dependency and Neglect Action”. This may result in the child being removed from the unsafe environment, supervised visitation, reintegration therapy, substance abuse monitoring, or any action that the court feels is appropriate to the situation.

Congratulations to the 2021 Divorce Matters Scholarship Winner, Paola Gascot!

Divorce Matters is proud to announce Paola Gascot-Chinea as the winner of the 2021 Divorce Matters Scholarship. Although we had a lot of qualified applicants this year, Paola stood out among them. Our committee was impressed with Paola’s academic involvement, work ethic and abundance of extracurriculars that positively affect Paola’s community. Paola will be entering her second year at Denver University, majoring in Environmental Science.

Paola’s achievements and involvement in her community stood out above the rest. Some of her high school involvement includes the Student Equity Working Group, the Hispanic Latino Student Alliance, founding the Women’s Forum, playing tennis and running cross country, volunteering as a peer mentor at Our Turn (a non-profit bringing equality to education), and volunteering at the Children’s Hospital of Aurora. In college, Paola has joined a living learning community for environmental sustainability to dig into her interest in the environment. She has also joined the Pi Lambda Chi sorority for Latina students.

When asked what this scholarship meant to her, Paola told Divorce Matters, “This scholarship means everything to me. As I answer these questions, I feel emotional and I feel the urge to cry happy tears! I have worked so hard and I have gone through so much that it feels amazing to know that all of that hard work has paid off. It’s even more of a relief that I can focus on my studies and take it one day at a time. I don’t have to be rushing or finding ways in order to pay for my education, as I do pay for my own studies.”

It is our honor to award Paola with this scholarship. We wish her the very best in her undergraduate education, and in achieving her goal of applying her Environmental Science degree to making a difference in both low-income communities and communities of color. To everyone reading this, Paola would like to say that “anything is possible if you set your mind to it. At the moment it may feel like not much is going to happen but results don’t usually start showing until further down the road and it is more than okay to fail because that is how you learn. That is how you become a better person.”

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

Happy 10th Anniversary Divorce Matters!

This Friday, Divorce Matters will celebrate its 10th Anniversary! We’ve come a long way in the past 10 years and we can’t wait to share the next 10 years with all of you. Our clients are what make Divorce Matters the law firm that it is, and we certainly would not be the same without you. When asked how he felt about all of the clients Divorce Matters had served over the past 10 years, Doug Thomas, Divorce Matters’ founding partner, had this to say:

“The word I would use to describe the service of all the clients we’ve had over the last 10 years is satisfaction. It’s satisfying to know that overwhelmingly… we have served our clients with excellent legal advice at a reasonable cost. And more importantly, we have served our clients in a way that does not [increase] litigation to the detriment of our client… I’m extremely satisfied to know that we have helped thousands of Colorado families in a very professional, excellent, and tenacious way.”

We couldn’t agree more, Doug! Thanks again to all of you who have supported us and continue to support us. It means the world to each and every one of us at Divorce Matters. We hope to continue to serve the state of Colorado and provide legal services that align with our mission to “build a better future for our clients by providing the counsel and wisdom to navigate change, and the service, innovation, and tenacity to create their future anew”.

Be sure to head over to Instagram, Facebook, LinkedIn, and Twitter to keep up with all the fun anniversary posts coming your way!

Bill and Melinda Gates – A Tale of Gray Divorce

The story of Bill and Melinda Gates’ divorce has taken the world by storm this past week, as one of the world’s richest couples is about to go through the process of splitting up their lives and assets. There is no telling what will come of the split when the dust settles, but their divorce highlights a trend in America that has long been on the rise—gray divorce.

 

Is Gray Divorce On the Rise?

While divorce rates are declining amongst the younger generations, spurred mostly by younger people delaying marriage until after they have graduated college and established themselves financially, divorce rates amongst those over 50 doubled between 1990-2010 and have since plateaued at this high rate.

 

Why Are Divorce Rates Different for Older Generations?

There are many reasons for this rise in gray divorce, but one of the driving factors is that those in this age group were raised during the divorce revolution of the 70’s, destigmatizing the idea for many. And the divorce rate rises 2.5 times higher when you look at remarriages. For those who have divorced once, there is the understanding that there is a life after divorce, in many cases a better one for those whose relationships no longer work. This makes them more willing to walk away from a remarriage if it is not bringing what they need to the table.

 

What’s Age Got to Do With It?

Couple all of this with the fact that we are now living longer than ever. As couples begin going through some of the mid-life’s biggest changes, such as empty nesting, retirement, and decreased mobility, they are beginning to reevaluate if they want to spend the next 20+ years in an empty marriage. They may have been willing to stay together before when they had their children and careers to focus on, but now that these are no longer masking things many decide they want something more.

 

Bill and Melinda Gates have now joined the growing ranks of those going through a gray divorce. Only time will tell how this mega-divorce shakes out, but one thing is clear—gray divorces are here to stay.

Will I be Affected by Changes to the 2021 Child Tax Credit?

Recently it was announced that under the American Rescue Plan Act the expanded Child Tax Credit would be distributed differently in 2021. This year, half of the tax credit will be distributed on a monthly basis beginning in July and the other half will arrive with your 2021 tax refund. While this tax credit is a welcomed relief for many families who are struggling to make ends meet, it also spells confusion for most folks who are going through or already divorced.

How will this tax credit be distributed if I am divorced?

The Child Tax Credit can only be claimed on one tax return, so if you are divorced or filing separately this means that only one parent will be able to claim the tax credit. A court order or separation agreement will name the person eligible to claim the tax credit, this is typical whichever parent has primary custody. There are several ways a 50/50 custody arrangement might address this, for example, some may choose to file with the tax credit every other year.

Can the courts rule that this year’s tax credit be split?

In most cases, the courts will follow whatever was agreed upon in your separation agreement or court order. However, this is not the end of the line if you wish to treat this year’s tax credit differently. For example, if your ex claims the tax credit every year but you are able to come to an agreement with them that you will file for the tax credit this year, you can file an IRS Form 8332. This form is a right of tax benefit transfer, which would allow you to claim for this year. Please be aware that it is important you check with your attorney first before moving forward with anything that deviates from your separation agreement. We also suggest seeking out a tax professional for help with filing your taxes.

Can the tax credit payments be garnished for child support if I am behind on my payments?

Per the American Rescue Plan Act, this tax credit is not subject to garnishment meaning you will receive the full amount from the government. However, this does not protect that payment from garnishment or levy once the money is in your bank account. Another consideration is that while it won’t be garnished when distributed when you file your taxes at the end of the year it may be subject to offset.

What do I do if the tax credit was claimed by my ex, but I was supposed to claim it this year?

The best way to handle this is to get in touch with your attorney. They will be able to help you chart the best course of action, whether that be reaching out to negotiate with your ex and coming to an amicable resolution, or filing a motion of contempt with the courts.

If you have questions, please reach out to one of our experienced attorneys today.

How Much Will A Divorce Cost Me?

Contrary to popular belief, divorce does not always have to be expensive. One of the biggest influencing factors in the cost of a divorce is the complexity of your specific case. These complexities come in a few different forms, and each essentially affects how much time needs to be spent on a particular case and therefore how expensive that case will be. Some of these things will be within your control, and others won’t – this is why it is important to reach out and schedule an initial consultation with an attorney. In your initial consultation, our attorneys can go over your specific set of circumstances with you, and they will be able to give you an idea of what your specific case might cost and how to manage those costs.

 

What will affect the cost of my divorce?

 

As mentioned, there are several main determining factors that will affect the total cost of your divorce. Some of these include:

  1. The amount of assets involved
  2. Whether or not you have children
  3. How contentious (think conflict) your case is

These factors all increase the complexity of your case and therefore increase the total cost.

How you can keep the cost down?

 

There are a few ways you can help keep the cost down in your case. The most popular way is to utilize our unbundled legal services, which involves having an attorney help with one specific aspect of your case, such as drafting and reviewing documents for you, offering coaching or legal advice, or communicating with other parties, opposing counsel, and the courts. However, this option is not always a good fit, especially if your case has any of the factors listed above that tend to increase costs. Another way to keep costs down is to work on coming to an amicable agreement with your ex through mediation or arbitration. This will save time and money on going to court and is often easier on your emotional well-being in the end as well.

 

Every case is different, so it important to speak with an attorney to get a better idea of how much your specific situation will cost and what your options might be. Contact Divorce Matters today to set up an initial consultation with one of our many experienced attorneys who can help put you and your family on the path to a successful future after divorce.

Everything You Need To Know About QDRO’s

What is a QDRO?

 

QDRO stands for Qualified Domestic Relations Order. The simplest way to describe it is as a legal document that splits up the funds in an ERISA (Employee Retirement Income Security Act) qualified retirement account. It is filed with the court as a part of a divorce or separation agreement stating that one spouse gets a pre-determined percentage of their ex-spouse’s retirement plan assets. One thing to note, if you choose to split retirement assets without a QDRO, the account holder is still responsible for taxes on the assets transferred. If you have a QDRO, your former spouse is then responsible for taxes once the funds are transferred.

 

Can a QDRO be reversed?

 

If you decide you’ve changed your mind about wanting a QDRO but it has already been received and processed, it is nearly impossible to reverse. The only way to have it changed is if the courts and the administrator agree that the QDRO goes against your divorce agreement and needs to be modified. If there is a misalignment, you might have to go back to your ex-spouse and re-negotiate in order to get the QDRO amended.

 

Do You Need One?

 

It is a good idea for anyone with retirement plan assets going through a divorce or separation to have a QDRO. In many cases, issues related to QDRO’s are overlooked and left unresolved, so it is important to speak with an experienced attorney about your retirement accounts to ensure you have a QDRO in place if necessary and that you’ve cover everything correctly in your divorce agreement.  Not many attorneys draft QDRO’s, but Divorce Matters attorney Ashley Balicki is skilled in drafting QDRO’s specifically. If you would like to speak with Ashley or any of our other experienced attorneys about your situation, contact Divorce Matters today or call us at (720) 542-6142.

Get to Know Our Denver Tech Center Office

About This Office

 

Our Denver Tech Center location is one of our four offices here in Colorado, and also serves as our headquarters. Recently we relocated just up the street into a brand-new, larger office space that can accommodate our growing team and is much easier to navigate to. We love our new space because it allows us to continue growing and expanding while offering a better location for our clients.

 

Who Are We?

 

We are a client-focused practice that understands that divorce, child support, and other family law issues can be extremely stressful and difficult. That’s why we are here to take away some of that stress and difficulty. Every day we uphold our values of integrity, tenacity, compassion, and excellence when assisting and representing our clients. Our firm won’t treat you like just another client or another case. We treat every client with compassion and tailor every legal approach to the specific needs of each of our clients. This ensures that you are set up for a future that you and your family can look forward to.

 

Why Our Denver Tech Center Office?

 

Our Denver Tech Center office is the perfect location for anyone located in Denver and any of the surrounding metropolitan cities such as Aurora, Centennial, Littleton, Castle Rock, Highlands Ranch, and many more. Our other locations are located in Lakewood, Fort Collins, and Colorado Springs, ensuring that we can serve our clients all up and down the Front Range. If none of our offices are convenient to where you live, we are also able to accommodate virtual consultations and meetings, and our attorneys will travel if necessary for our clients.

 

If you would like to set up a consultation with one of our many experienced attorneys at this location or any of our other three locations contact us here or give us a call at (720) 542-6142.

Who Is Divorce Matters?

Divorce Matters is a family law firm consisting of 15 experienced family law attorneys and 25 support staff serving all of Colorado, with offices in the Denver Tech Center, Lakewood, Fort Collins and Colorado Springs. Since our founding ten years ago, we have helped thousands of clients throughout all of Colorado transition to their new future with dignity and compassion.

The core values that we practice are integrity, tenacity, compassion and excellence. All of our employees, from the client relations specialists to the partners, uphold these values every day. Our approach is always a client-focused, humanistic one where we provide guidance and wisdom when you need it most. When you begin the process by calling into our firm, we have a dedicated intake team that listens to your situation and pairs you with the attorney that they believe you will work the best with. Once you’ve had your initial consultation with your attorney and you have decided to become a client, the line of communication is always open, and we will strive to never drop the ball on you and your case.

We truly care about your experience with us and want you to get the most out of your time with Divorce Matters, from start to finish. We know these are difficult times in your life, but we are here to take some of that stress and frustration away. Hiring one of our attorneys to handle your case can benefit you in so many ways, but often the most important immediate impact is that we will make the process less difficult for you by removing stress, anxiety and fear from the equation. Our firm can assist you with a wide array of issues – from big to small, simple to complex – and we take pride in handling every case with tenacity, compassion, integrity and excellence. Our #1 goal is to set you and your family up for a happy, successful future.

If you need our services or would like to set up an initial consultation with one of our attorneys today, please contact us here.

5 Ways To Take Time For Yourself This Holiday Season

1. Take a Bubble Bath

One of the most classic relaxation methods is to submerge yourself in a nice, warm bubble bath. Light some candles, play some music and enjoy some “peace on earth” while you soak!

 

2. Read a New Book By Yourself

If you can find a room or a spot in your house where there will be no interruptions, curl up and immerse yourself into a new book you’ve been excited to read!

 

2. Do an At-Home Exercise

Whether it is yoga to relax or a HIT training work out to get those endorphins going, taking some time to get active always helps improve your mood and stress levels.

 

3. Journal or Meditate About What You Are Grateful For

This year has definitely been one for reflection, so if you can meditate or want to get your thoughts down on paper, think about what you are most grateful for at the moment. You can also add some goals or things to look forward to in the upcoming year.

 

4. Get Some Fresh Air

If/when we get a break from the snow here in Colorado, try to take some time to step outside or go on a walk to unwind. We all have been pretty cooped up during this pandemic, so a chance to escape any craziness in your household I’m hope will be good for your mental health.

 

Have a safe and happy holiday!