Wednesday, October 20, 2010

How to Request a Denver Alimony


If you are seeking financial or spousal support during or after your divorce, there are ways to find help.  You can seek a Denver alimony to grant you the assistance you need from your spouse.  A Denver alimony, often called “maintenance” in Colorado, can be established in a divorce or family court to help spouses who stand to lose a lot of financial support from a divorce.

There are two types of Denver alimony: temporary and permanent.  Temporary maintenance is financial support that is paid from one spouse to the other while the divorce is still pending.  A permanent Denver alimony is support paid to a spouse after the divorce has been finalized.

In order for family law litigants, attorneys, and judges to know how much money should be paid in a Denver alimony, a Colorado state statute regarding maintenance rewards was created. This statute provides the formula for determining how much money should be paid to a spouse requiring alimony: essentially, 40% of the higher paid spouse’s monthly adjusted gross income is subtracted by 50% of the lower paid spouse’s income.  This formula is only applied when the combined annual income of both parties is less than $75,000.

A permanent Denver alimony can be requested by either party once the dissolution of marriage has been finalized.  Though alimony is not guaranteed, the court may decide to grant it if the circumstances call for it.  There are several factors which can impact the amount of maintenance a spouse receives.

First, the length of the marriage is taken into account.  Though it is called “permanent,” alimony often lasts only for a specific time period.  However, a marriage which has lasted at least 10 years can usually qualify for a lifelong alimony.  Even so, if a significant amount of the marriage was spent separate, this can also impact the amount or qualification for maintenance.  If 6 of the 10 years of the marriage was spent apart, for example, a spouse would be much less likely to qualify for a permanent Denver alimony.

Naturally, the income of both parties is considered when deciding alimony, as well as the difference between those incomes.  The age of the parties at the time of divorce will also be considered.  If a spouse is elderly and/or suffers from severe health conditions, the court will definitely see them as more eligible for alimony; however, younger spouses will generally be granted less alimony because they are more likely to recover financially in future years.  Similarly, the court will consider any future prospects of both parties to determine the amount or length of alimony.

Though the amount of men who receive alimony has increased in the past 30 or so years, it is still much more likely for women to receive alimony.  Women, in general, make less money than men and have more difficulty finding employment; however, this is not taken for granted in court and alimony will never be granted based solely on the gender of a spouse.

How to Request a Denver Alimony


If you are seeking financial or spousal support during or after your divorce, there are ways to find help.  You can seek a Denver alimony to grant you the assistance you need from your spouse.  A Denver alimony, often called “maintenance” in Colorado, can be established in a divorce or family court to help spouses who stand to lose a lot of financial support from a divorce.

There are two types of Denver alimony: temporary and permanent.  Temporary maintenance is financial support that is paid from one spouse to the other while the divorce is still pending.  A permanent Denver alimony is support paid to a spouse after the divorce has been finalized.

In order for family law litigants, attorneys, and judges to know how much money should be paid in a Denver alimony, a Colorado state statute regarding maintenance rewards was created. This statute provides the formula for determining how much money should be paid to a spouse requiring alimony: essentially, 40% of the higher paid spouse’s monthly adjusted gross income is subtracted by 50% of the lower paid spouse’s income.  This formula is only applied when the combined annual income of both parties is less than $75,000.

A permanent Denver alimony can be requested by either party once the dissolution of marriage has been finalized.  Though alimony is not guaranteed, the court may decide to grant it if the circumstances call for it.  There are several factors which can impact the amount of maintenance a spouse receives.

First, the length of the marriage is taken into account.  Though it is called “permanent,” alimony often lasts only for a specific time period.  However, a marriage which has lasted at least 10 years can usually qualify for a lifelong alimony.  Even so, if a significant amount of the marriage was spent separate, this can also impact the amount or qualification for maintenance.  If 6 of the 10 years of the marriage was spent apart, for example, a spouse would be much less likely to qualify for a permanent Denver alimony.

Naturally, the income of both parties is considered when deciding alimony, as well as the difference between those incomes.  The age of the parties at the time of divorce will also be considered.  If a spouse is elderly and/or suffers from severe health conditions, the court will definitely see them as more eligible for alimony; however, younger spouses will generally be granted less alimony because they are more likely to recover financially in future years.  Similarly, the court will consider any future prospects of both parties to determine the amount or length of alimony.

Though the amount of men who receive alimony has increased in the past 30 or so years, it is still much more likely for women to receive alimony.  Women, in general, make less money than men and have more difficulty finding employment; however, this is not taken for granted in court and alimony will never be granted based solely on the gender of a spouse.

Tuesday, October 19, 2010

How a Denver Adoption Lawyer Can Help You


A Denver adoption lawyer can assist you in many ways if you are a parent looking to adopt a child.  There are many different types of adoptions, so there are many different processes one might take toward adoption.  For example, a single parent who is adopting a child from an agency will have a different experience than a step-parent who is formally adopting the child of his/her spouse.  Similarly, the process changes if the adoptive family seeks to adopt a child from outside Colorado or outside the United States.

A Denver adoption lawyer can assist you in all of these scenarios to ensure all of your legal obligations are met and all of the correct documentation is presented.  If these processes are not met to the standards of Denver adoption law, it can delay your process of adoption and even cause a court to deny your request to adopt.  This is why having an experienced Denver adoption lawyer is often vital.

In a typical adoption, many families will go through an agency and follow the processes set forth by them.  Even when adopting through an agency, there are a number of factors to be considered.  You must still present the agency with your information and undergo a standard screening process.  A Denver adoption lawyer can help you by letting you know what will be required of you before, during, and after this screening process.  They can also help you fill out all the necessary paperwork.

In certain cases, a parent may adopt a child without a formal legal procedure.  This is often called equitable adoption.  In these situations, the adoptive parents take the child in because the child is orphaned, abandoned, or otherwise.  In other words, there is no legal document stating that the child is officially in the custody of the parents.  This type of adoption can face complications if the natural parents return and request custody of the child.  A Denver adoption lawyer can provide counsel, but if the natural parents attempt to deny the custody of their child by equitable adoption (called adoption by estoppel) then there is little than can be done legally.

Even if an adoptive parent has acted as such for a number of years, he/she would not be able to legally deny custody of the child to the natural parents by adoption by estoppel.  There is not much legal action a parent through equitable adoption can take against a biological parent, unless it is a case of abuse or abandonment.  However, equitable adoption and adoption by estoppel are often used in a legal sense by the adopted child.  Talk to a Denver adoption lawyer to learn more about how these processes work legally.

If an adoptive parent through equitable adoption dies, and has no written will, the child may be able to claim a portion of the parent’s assets based on equitable adoption.  Similarly, if the child’s natural parent dies, he/she could also claim assets based on adoption by estoppel.  Even if the parents have a written will and the child is left off of it, he/she may still be able to claim assets on the basis of being an omitted or pretermitted child.  A Denver adoption lawyer can also assist in these types of legal scenarios.

Undergoing the Denver Adoption Process


The Denver adoption process will vary a lot based on the make up of the family as well as where they plan to adopt from.  For example, if a family is adopting through an agency they will undergo a different process than a family adopting directly from the natural parents.  The Denver adoption process is also different in cases of international adoption where the adoptive parents live in a different country than the child.  Despite these differences, there are several common attributes to any Denver adoption process that an adoptive family must go through in order to adopt a child.

Before a family can adopt a child, they must undergo a screening process by the adoption agency or a social service investigator.  During this time, the prospective parents will need to compile and present any documents requested by the investigators.  The parents will be interviewed and also visited at their home.  If the investigators find that the family is capable and suitable for raising a child, they will move on to the next phase of the Denver adoption process.

Following the screening process and the placement of the adopted child into its new home, there is a six-month temporary custody period before the adoption is final.  During these first six months, the child is monitored to ensure he/she transitions well into the new environment.

In some cases, a court can grant subsidies to the family based on the adopted child’s needs.  These subsidies can help the family handle any medical, psychological, or other needs the adopted child may have.  Denver only grants subsidies to families based on the needs of the adopted child.  Under no circumstances will subsidies be granted based on the needs of the adoptive parents.  The subsidies will also be reviewed by the court every three years to determine if they are still necessary.

The best way to ensure a smooth and complication-free Denver adoption process, it is best to hire an adoption attorney.  A Denver adoption attorney can provide helpful advice and ensure all of the correct procedures are followed.  This will prevent any delays in getting the adoption finalized, or in worse cases, the court’s denial of an adoption due to a failure to conform to certain adoption laws and criteria.

Another valuable resource is an adoption support group.  Similar to an adoption attorney, the members of these groups and organizations can provide advice and recommendations based on your situation.  These groups are also ideal for providing social and emotional support during the Denver adoption process.  The advice of those who have successfully completed an adoption can be extremely valuable if you are adopting for your first time.  The support group may also be able to refer you to a good adoption attorney, if you are having trouble finding one.

For more information about the Denver adoption process, contact an adoption lawyer in Denver or get in touch with an adoption support group in your area.  Adoption agencies are also great resources of information about adoption and can tell you what you will need to complete the process.

Sunday, October 17, 2010

Pre-Divorce Suggestions of a Denver Divorce Lawyer


Divorce is not something most people plan for.  It is not something couples have in mind when they are getting married.  However, about 4 in every 10 marriages end in divorce.  And many times, the aftermath of the divorce can have severe financial consequences on one or both parties.  The problem many spouses face is that they become utterly lost once the idea of divorce is put on the table.  This can be dangerous, since divorce settlements can have lasting effects on one’s quality of life for years afterwards.  It is important to be vigilant in the preparation for a divorce.

A Denver divorce lawyer can help you in the early and later stages of the divorce process.  Your Denver divorce lawyer my suggest some of the following ways to better prepare yourself in the case of a divorce:

1. Keep Non-Marital Assets Separate
One of the first steps to take when divorce becomes imminent is to separate your non-marital assets.  In most marriages, many of the assets cannot be easily claimed by one of the parties or the other because they were gained or changed/improved during the marriage. If you are worried you may loose ownership of certain assets as a result of the divorce, be sure to gather any receipts or documents you have regarding those assets.  These will help the court proceedings run much smoother.  Your Denver divorce lawyer will have more information about the claiming of assets.

2. Establish Your Own Credit
A Denver divorce lawyer may also suggest that you establish your own credit by putting your name on any household accounts or investments.  It also helps to have a credit card in your name.  This will increase your chances of finding loans or mortgages following the divorce.

3. Review Your Financial Holdings Regularly
Be sure to keep separate records of your financial holdings whether they are in your name or your spouse’s.  This includes bank accounts, land purchases, stocks, IRA’s, etc.  Keep track of where these records are so you and your Denver divorce lawyer have access to them during the divorce proceedings.

4. Time Your Divorce
Certainly no one plans for a divorce to happen, but when you decide to separate can play a big role in various ways.  For instance, if you are the non-working spouse in a single income family, you may not earn enough money to qualify for Social Security when you hit retirement age.  However, if you are married for at least 10 years and don’t remarry, you may be able to gain Social Security based on your ex’s earnings when you reach age 62.

5. Close Joint Accounts
If you find a good Denver divorce lawyer early in the divorce process, he/she will surely suggest that you contact any joint-credit-card companies you have worked with and freeze any accounts you and your spouse share.  If you do not take this precaution, you may find yourself responsible for any new charges your spouse makes on those accounts, including divorce attorney fees.  Keep in mind that, upon closing the account, any outstanding charges must be paid.  Once again, keep track of all the records from these transactions and tell your Denver divorce lawyer about any developments.

6. Hire an Experience Divorce Lawyer
Naturally, one of the best ways to ensure a smooth divorce process (if a divorce process could ever be considered smooth) is to be sure your Denver divorce lawyer is very experienced.  An experienced lawyer will be able to steer you away from common mistakes that could have severe consequences.

Friday, October 1, 2010

Duties of a Denver Child Support Lawyer

A Denver child support lawyer is often necessary following a dissolution of marriage to help establish child support. Child support is the money paid by a non-custodial parent to a custodial parent following a divorce or legal separation. Child support is paid for the purpose of assisting the custodial parent in expenses related to raising the common child. This ensures that it is both parents who are contributing financially to the raising of the child.

Following the separation of two parents, a child support order may be issued to one of the two parents. Most likely, it is the non-custodial parent or otherwise the higher earning parent who is required to pay the child support. However, a large factor in calculating who will pay and how much is the amount of time each parent spends with the child. If the non-custodial parent spends a significant amount of time with the child, the amount of child support he/she must pay may be reduced. Talk to your Denver child support lawyer if you feel you are eligible for a reduced child support order. A child support order describes exactly when, how often, and how much child support must be paid.


The child support payment amount is determined by a court depending on the parents’ income. Other factors which impact the amount of child support include the number of children, medical conditions, special educational needs, and travel expenses for visitation. The Denver guidelines for calculating child support can be found by contacting the Colorado Judicial Department. A Denver child support lawyer can also describe to you the process of calculating a fair child support amount.


In Denver, a parent who is required to pay child support may do so by sending a check to the Family Support Registry (FSR) or by using automatic withdrawals. The automatic withdrawal system will automatically deduct the required payment from a paycheck when it is do. This saves the parent from having to remember to send the check or missing a payment. Consult a Denver child support lawyer to find the most practical payment option for you.


The receiving parent can collect the child support money in two ways. One way is to sign up for a direct deposit, which allows the FSR to send the money directly into the parent’s bank account. The other method is to use an FSR card. The FSR card can be used the same way one would use a debit card and can be used anywhere VISA is accepted. When the FSR card is used to pay for something, the money will automatically be deducted from the FSR account. A Denver child support lawyer can also suggest the most practical option given the parent’s situation.


The payment of child support is no longer required once the child reaches maturity, which is often defined as age 18 or 19. The payment of child support can be extended if the child becomes a full-time student in college. The payment of child support can also be discontinued if the child goes into active duty in the military, dies, or becomes self-supporting. If you feel you are no longer required to pay child support, talk to your Denver child support lawyer.


If there is any change in the financial circumstances of either or both parents, a change in the child support order can be negotiated. If you feel that a change in the amount of support paid is necessary, consult your Denver child support lawyer for more information.