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Boulder County Divorce Law Blog

The complexities of sentimental items with marital property

On behalf of Shea L. Burchill, P.C. posted in Property Division on Thursday, January 17, 2019.

In a Colorado divorce, the main issues that must be navigated generally involve support of a former spouse and children. Property division will also come to the forefront. Much of that involves tangible items about which it is relatively easy to formulate a monetary value. This can include motor vehicles, residential properties, investment properties and businesses. Other items are not so easy to assess. That includes collectibles, artwork and more. When couples are in dispute during their divorce and are unsure of how to value and adequately split properties in this category, legal help is vital.

People who collect artwork will do so for a variety of reasons. Whether it is due to personal aesthetics, the potential value, or a combination makes it a difficult aspect to gauge when the couple decides to part ways. If one spouse has an inherent knowledge of artwork and what it is worth, the other spouse will inevitably need help from an experienced attorney who can retain experts to accurately calculate its value so there can be an equitable division. Simply because one spouse is not well-versed in how to value art does not mean he or she should not benefit if the property was purchased or gifted to both during the marriage.

Can grandparents receive visitation rights of grandchildren?

On behalf of Shea L. Burchill, P.C. posted in Child Custody on Friday, January 11, 2019.

Custody disagreements in Colorado are often classified as disputes between parents who are getting a divorce or have already parted ways. However, there are other people in the child's life who will want to pursue custody and visitation rights. Frequently, this involves the child's grandparents. Various factors are key when determining if the grandparent can get custody and visitation rights and understanding how state law assesses these matters is crucial to all parties.

Grandparents can request a court order to get reasonable visitation rights if there is a custody case over parental responsibilities. This will include the following: if the parents' marriage was invalidated, if there was a divorce or if the court issued a legal separation; if there was legal custody granted to someone other than a parent or the child was removed from the home and no longer lives with the parent; or if the parent who is a child of the grandparent has died.

January often sees a spike in divorce filings

On behalf of Shea L. Burchill, P.C. posted in High Asset Divorce on Thursday, January 3, 2019.

Many Colorado couples who are considering a divorce do not do so based on a single incident. It is a wide range of issues that finally come to a head and spark the final determination that the marriage is unsalvageable and it would be better for everyone if they part ways. However, timing frequently plays a critical role in when a couple says that it is enough.

For many, January is when people finally make the leap and move forward with a divorce. There are many factors in this decision and its timing. Having legal assistance is integral to ensuring it is the right time and checking all the boxes based on the law. Part of the spike in January divorces is due to tension from the holiday season. This can go on for months from Thanksgiving through the new year and bring long-simmering issues to the forefront.

When can gross income be adjusted when determining child support?

On behalf of Shea L. Burchill, P.C. posted in Child Support on Thursday, December 27, 2018.

In Colorado, when a couple gets a divorce and the determination is made how much the noncustodial parent will pay the custodial parent in child support, there are many factors that will be considered. The parents' income will weigh heavily on how much is paid and received. One issue that can have a significant impact on the income determination and whether there will be adjustments to gross income is if there are other children who a parent is legally responsible for, but is not the legal responsibility of the other person in the current case.

At the establishment of the support order or when there is a request for a child support modification, a parent who is legally responsible for other children and there is no joint responsibility will warrant an adjustment to the parent's gross income before it is calculated. This will have an influence on the basic child support obligation.

Couples in a high asset divorce must weigh tax issues

On behalf of Shea L. Burchill, P.C. posted in High Asset Divorce on Thursday, December 20, 2018.

Certain issues in a Colorado divorce must be repeatedly discussed due to time constraints and the vastness of the impact they will have on a couple's future. One is the tax law that goes into effect on Jan. 1. Because the manner in which divorced couples who are paying alimony are taxed is set to change, it has led to a rush of people trying to complete their divorces before the year is over. Knowing why this is the case might spur people to be more agreeable to complete their divorce before year's end and it can help them to think about new strategies after the changes are implemented.

The new tax laws by the Trump Administration changes the responsibility for paying tax on alimony from the person getting support to the person paying it. Because the payer generally has more income - based on having been ordered to pay in the first place - this is expected to yield greater tax benefits to the U.S. This has expedited some divorces that might otherwise have been put on hold. Since many disputes between couples are highlighted during the stressful holidays, many divorces start after the new year. The new law and its urgency changed that. Still, there will be people who end their marriage after the new year and the law will be a consideration.

How does the court handle child custody in abduction situations?

On behalf of Shea L. Burchill, P.C. posted in Child Custody on Friday, December 14, 2018.

Not all Colorado divorces are easy and child custody is one of the most fundamental areas in which there can be an ongoing and contentious dispute. For some, there is a very real concern that abduction or international abduction can take place. Once a child is taken out of the country and the parent who committed the abduction is legally allowed to remain in that country, it can be difficult for the other parent to get the child back in a short period of time, if at all. The courts will make certain considerations under the law as to whether abduction is possible and take steps to prevent it.

The court will take the following into account: if there were prior abductions or attempted abductions; if there were threats to abduct the child; if there were actions that indicate the possibility such as leaving a job, selling a home, ending a lease, closing bank accounts, and renewing a passport; if there were domestic violence incidents in the past; if there was a child custody order and it was not followed; or if there are ties to another country or state.

Facts about employer income withholding for child support

On behalf of Shea L. Burchill, P.C. posted in Child Support on Thursday, December 6, 2018.

Colorado parents who are ordered to pay child support will undoubtedly understand the child support guidelines, every day expenses and other concerns that go into it. For many, the supporting parent's employer will withhold part of the person's pay so it can go directly to the custodial parent for the benefit of the child. When the employer is taking part in income withholding, there are certain facts that the parents should understand. This is important in case there is a child support dispute or another issue arises.

When there is child support being withheld, it is priority. That means any legal process by the state against the employee's income will be secondary. The support will be withheld from disposable income prior to deductions when there are other withholdings. This will be for as much as 50 to 65 percent of those disposable earnings. An exception is if there is a federal tax levy that was received before the order to withhold income for child support.

What should I know about changing a child support order?

On behalf of Shea L. Burchill, P.C. posted in Child Support on Thursday, November 29, 2018.

Child support in Colorado can be one of the most complicated and contentious issues that a divorced couple can face. The best interests of the child should be paramount, but personal and financial issues will sometimes get in the way of adhering to the order to meet the child's financial needs. Some will engage in a long-term child support dispute. Others will simply not pay and there will be legal issues for a failure to pay child support.

For both the paying parent and the receiving parent, one of the foundational aspects of handling a child support case is to understand how and when an order can be changed. Legal help is always beneficial in these circumstances. Either of the parents can request their child support order be reviewed. A change in circumstances must be in place and it must be substantial and continuing. The child support order will not be changed unless the amount changes by 10 percent or greater or there is no order for medical support or it has changed.

Married Colorado politicians set to divorce

On behalf of Shea L. Burchill, P.C. posted in High Asset Divorce on Thursday, November 22, 2018.

Divorce is a difficult enough prospect for Coloradans without career and financial factors entering the mix. However, this is unavoidable with a significant number of cases. This can be a high asset divorce or a divorce of more modest means, but when it is a high-profile couple, there are considerations that must be factored in along with the basics of property division, spousal support, child support and more. Having legal assistance is one of the key factors to having all the necessary information and achieving a successful result.

A member of U.S. congress and his wife, a state representative, have decided to divorce. The congressman and his wife decided to part ways in early November. A statement was released by the congressman's office to alert the public. He had just been reelected to his position in the recent election. His wife was reelected to her district as well. The couple married more than two decades ago when his mother set them up on a date. Following their marriage, she had paused her personal endeavors as a businesswoman and baker. Shortly thereafter, she started her own political rise.

Marital property and debt division requires legal assistance

On behalf of Shea L. Burchill, P.C. posted in Property Division on Thursday, November 15, 2018.

While Colorado divorces will often have a series of issues that can be difficult to negotiate, such as child custody, visitation rights, child support, spousal support and more, property division can also be a problem. For people who are trying to not just get beyond complex property division but are also trying to deal with debt division, it can grow contentious and result in extended disagreements that can slow the process to a crawl. Understanding how to divide debts is one of the key factors to a successful resolution.

Almost every couple, whether they are wealthy, middle class or have lower assets will accrue debts. This could be by purchasing the usual items that accompany starting a family like a home and a car. It can also extend to other important parts of life like a business. Or there can be random spending on individual items. This can accumulate debt. When the couple is parting ways, they will often try to shed as much debt as possible. With this will come a complicated disagreement as to how it should be split. For such a problem, legal help is a must.