It is important that you have an advocate who can guide you through this difficult emotional, financial, and legal process. Particularly, where children are involved, the dissolution of marriage process can be traumatic. Let me provide you with the benefit of my years of experience in dealing with these complicated legal issues. Dissolution of marriage as you know ends the marriage relationship. As a consequence of the end of the marriage the parties will need to consider division of property, responsibility for debt, maintenance, allocation of parental responsibility, child support, and if the parties have minor children, the question of whether the children will remain living in this state or relocate out of state with one parent. t is important that you have an advocate who can guide you through this difficult emotional, financial, and legal process.
At The Law Office of Catherine Roberts, we take care to provide our clients high quality services personalized for their unique needs in the areas of family, traffic, and criminal law. We provide our clients with high quality services personalized for their unique needs in the areas of family, traffic, and criminal law. Also visit our Select Legal Services page for more options.
Remember that child support is calculated by formula in this state. It is important that numbers used in the child support worksheet are as accurate as possible. Once a child support obligation is established then the parties may agree that one parent pays directly to the other or, as in most cases, the payment is made to the family support registry that sends the payment out. The value of the Family Support Registry is that the payment history is in black and while and the record maintained by the Family Support Registry is admissible in any hearing. Wage assignments and garnishments may also be used to collect outstanding monthly child support.
Modification of child support may happen by agreement of the parties or by court proceeding. The parties may informally agree to exchange financial information such as tax returns, Sworn Financial Statements with payroll documentation, etc. The statute governing modification of child support provides that child support is modifiable under certain circumstances which may include a substantial change in either of the parties’ circumstances or the residential change of a child. Modification may result in increase or decrease of the child support obligation paid from the higher earning spouse to the lower earning spouse. Again, child support determinations can be complicated.
In Colorado, the term "custody" is no longer used by the courts and lawyers even though that is the term most often used by the public. Instead, the legislature has created the concept of allocation of parental responsibilities which has two parts: decision making and parenting time. Parties may arrive at agreements regarding these two aspects or go to hearing. Decision making means that jointly the parents can make all the major decisions regarding their child together and work out their differences of opinion. Where the parents are unable to work out their differences over the child then by court order or agreement one parent is given all authority to decide the major decisions concerning the child. In another alternative, where the parents are unable to work together to make decisions, then the major areas of the child's life are divided and one parent makes all decisions in that area.
Parenting Time means what portion of the calendar is spent with each parent. Remember that child support is calculated by formula in this state comparing the incomes of the parties with adjustments for expenses such as medical insurance, child care, and extraordinary expenses. The number of overnights each parent has with the child determines whether the child support is figured on Worksheet A or B. Child Support orders generally result in the higher earning spouse paying child support to the lower earning spouse. However, please be aware that child support determinations are made in each individual case and that there are many variables.
In high conflict cases, by agreement of the parties or court order, a Confidential Family Investigator may act as an investigator for the Court and make recommendations regarding parenting time and decision making.
Please call me and let's talk about your issues concerning allocation of parental responsibility. This is a complex area of the law and you need to be careful and considerate of the consequences before you make decisions concerning parenting time and decision-making.
A Protection Order is any Order that prohibits the Restrained Person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting or abusing any Protected Person. It may include a prohibition that the restrained person may not enter or remain on certain premises. It may prohibit the restrained person from coming within a specified distance of a Protected Person or premises. The Protection Order may prohibit the Restrained Person from taking, transferring, concealing, harming, disposing of, or threatening harm to an animal owned, possessed, leased, kept, or held by a Protected Person. The protection order may include other provisions that are designed to protect the Protected Person from imminent danger to life or health. A protection order can have profound consequences to the restrained persons. It may limit their ability to rent an apartment, own a gun, engage in hunting and affect their employment opportunities and/or current employment. Sometimes, protection orders are used to obtain sole custody of minor children of the parties. It is very important that you seek legal advice if you are served with a temporary protection order. On the other hand, if you or your children have been harassed, assaulted, threatened, intimidated or bullied, stalked, touched, injured, or sexually assaulted or abused then you need to seek a protection order to protect yourself, your pet(s), and your minor children. Please contact me and let's talk about this very sensitive issue and how best to handle it.
It is my personal belief that Juvenile proceedings are one of the most important legal proceedings. I completely disagree with the comment that, "It's juvenile court and it does not matter what happens in juvenile court." In a juvenile or delinquency proceeding a child who is less than 18 years of age is charged with a offense that would be a crime if the child was over the age of 18 years of age. The Juvenile Statutes provide protections for the child and the child's record is not available to the public but remains open to the court's and law enforcement. In a juvenile proceeding if a juvenile enters a guilty plea or is found guilty, the juvenile is "adjudicated". An adjudication is not a conviction. A juvenile record may be sealed under certain circumstances. Also, understand that at the request of the District Attorney, the court may flip the juvenile proceeding into the regular criminal court where the juvenile will be treated as an adult. This means that adult sentences may be imposed on the juvenile. The court may appoint a Guardian Ad Litem in a juvenile proceeding under certain circumstances.
A juvenile court by statute is required to protect the public safety and provide rehabilitative opportunities to the juvenile. So, understand that even though public safety is more important than rehabilitative services for the child treatment and other forms of support will be provided to the juvenile and his family in order to prevent future criminal activity. It is crucial that the defense attorney appearing in juvenile court proceeding be familiar with the kinds of issues that lead to a child being charged in a juvenile proceeding. I have served as both a prosecutor and defense counsel in juvenile proceedings. I have served as a Guardian Ad Litem for juveniles in juvenile proceedings.
Call me and let's talk if your child has been charged in a juvenile court proceeding.
As a former prosecutor and defense attorney, I have handled major felonies and county court misdemeanors and traffic, I have years of experience in this area. I enjoy the challenge of hearings and the preparation necessary for hearing. Don't ever enter a guilty plea because it seems the easiest thing to do. There are consequences to a guilty plea. So call me and let's discuss your case.s a former prosecutor and defense attorney, I have handled major felonies and county court misdemeanors and traffic, I have years of experience in this area. I enjoy the challenge of hearings and the preparation necessary for hearing. Don't ever enter a guilty plea because it seems the easiest thing to do. There are consequences to a guilty plea. So call me and let's discuss your case.
Let me give you the benefit of my years of experience as both a prosecutor and defense attorney in the area of traffic law in representing you. Traffic offenses can be a traffic infraction which is a civil matter and is not criminal. Special rules govern how a traffic infraction is handled by the Court. A traffic offense may be criminal matter with again special rules that governing how it is handled by the Court. Many different courts in this State handle traffic matters—Municipal court, traffic bureau’s in the county court; county court, and finally, District Court. District Court handles only the very serious traffic cases involving charges that are felonies such as Vehicular Assault. County Courts handle misdemeanor (criminal) traffic offenses such as leaving the Scene of an Accident or Driving While Intoxicated. Most offenses are cited as traffic infractions into either a Municipal Court or Traffic Bureau. It is important that you as the person charged with the traffic offense understand the consequences of a conviction. In Colorado, your driver’s license may be suspended by the State for conviction of certain offenses and/or for the accumulation of excessive points. In a criminal traffic offense, the State may seek restitution from the defendant. Restitution is the monetary loss suffered by the victim due to the criminal conduct of the defendant. The amount of restitution ordered in a case can have a significant impact on the Defendant.