Legal Question in Family Law in Colorado

Work-

My husband and I have been married almost 3 years and have a 17 month old child together. He makes a lot of money and I haven't worked since we got married. We have been seperated for 6 months and I am ready to give up. I have a very expensive lifestyle; however, he has cut me off financially forcing me to have to work. I don't have money for day care and I had been told that I don't have to work untill our son is 36 months old. Is that true? ALso, how do I seek counsel if I don't have any money?


Asked on 8/27/05, 12:19 am

1 Answer from Attorneys

The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Work-

My name is Alexandra White and I am an associate with The Harris Law Firm. Thank you for posting your legal questions on LawGuru.com.

It is true that the Court will not impute income to you until your child is 36 months old. In other words, when calculating child support and maintenance, the judge will not attribute any income to you until your child reaches age three. However, as you know too well, that does not help your financial situation.

Many women find themselves in your situation. If you have access to credit, you should retain an attorney using borrowed funds. Others must turn to family for assistance with legal fees. If there exists a great disparity of income between yourself and your husband, the judge will likely order him to pay all or a portion of your attorneys fees. However, that usually does not happen until the end of the proceedings, which means that others in your circumstances have to front the funds for attorneys fees.

If nothing else, you must file a Petition for Dissolution without an attorney to get the ball rolling. If you do not have the money for a filing fee, you can request that the fee be waived based upon your indigency. You will need to ask the clerk for the form. You will then have to have him served.

I hope that the above information is helpful to you. I would be happy to meet with you in person to discuss your circumstances. Our firm offers a 45 minute consultation for a flat fee of $150.00. Please contact us directly at (303) 299-9484 if you are interested in scheduling an appointment.

Thank you again for posting your legal questions on LawGuru.com. I hopet that I may be of more assistance to you in the future.

Regards,

Alexandra White, Esq.

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Answered on 8/29/05, 12:07 pm


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