Legal Question in Family Law in Colorado

Filing for seperation in Colorado.

I have been maried for 5 years. My wife approached me and asked for a seperation. She want's to leave, giving me custody of our son, possession of the house, and want's nothing more to do with it other than visitation of our son. What am I entitled to in the way of child support, and how do I go about filing for seperation????


Asked on 1/12/98, 5:21 pm

4 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Child Support in Separation

I can't speak for CO law, but if she wants to move out, leave you the child and the house, I wouldn't be too anxious to get support until you have consolidated your position and have a couple of months behind you.

You haven't said why she's jumping ship, or whether there are some problems she would not want to take before a judge. But when a woman is asked to PAY when she's already given up her child AND her house, it might bring out the fight in her.

But if you have had the child and the house for several months under a temporary order, then would be a good time to proceed with a motion for support. The final decree may even be a better time. Of course, if she has more money than you, you might proceed sooner.

Check with a local lawyer. Even if you want to handle it yourself, an hour of his time wolud be well worth your money.

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Answered on 1/13/98, 7:16 am

Colorado Divorce

I am not licensed to practice law in Colorado. My only advice to you is: Get a lawyer in that State and remember: "He that represents himselfhas a fool for a client."

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Answered on 1/13/98, 8:48 am

Lets get toguether and stipulate.

Family law is governed by state law, so look up your local statutes. Most places have updated it's laws to allow any spouse to file for maintenance for the child in it's custody.It is not a bad idea to get a lawyer to draft an agreement where she donates her participation in the house to your child,agree on a monthly support payment for your child based on the needs of the child and the earning capacity of the supporting spouse.Check local procedural rules to see how you file for separation.Remember marriage is a special contract and it is wise to try to save it; sometimes.Good luck! Always the kid first!!!

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Answered on 1/13/98, 10:43 am
Jack Harding Denver Center for Divorce Solutions

Child Support Formula

Child support in a legal separation in Colorado is determined by a formula which takes into account both you and your spouse's income and the number of overnights each of you have with the children. A very good source of infomation on divorce and legal separation in Colorado is the "Friendly Divorce Guidebook for Colorado." You can order it from Bradford Publishing at (303) 292-2590. Feel free to email me if you have other questions.

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Answered on 1/13/98, 11:39 am


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