LLP Deck Flashcards
What is CRS Title 14, Art. 10?
Uniform Dissolution of Marriage Act
What is CRS Title 14, Art. 10.5?
Colorado Parenting Time Enforcement Act
Statute regarding nonsupport of spouse and children resulting in felony
CRS 14-6-101
neglects, fails, or refuses to provide reasonable support to spouse and children
Article 10 must be liberally construed and applied to promote its underlying purposes. What is the statute and what are the underlying purposes?
CRS 14-10-102
- promote amicable settlement of disputes
- to mitigate potential harm to spouses and their children
-to provide safeguards for a parent with disabilities (pursuant to section 24-34-805
A divorce proceedings shall be entitled…
In re the Marriage of ____ and _____
APR or support proceedings shall be entitled…
In re the Parental Responsibilities concerning: Or, In re the Support of:
What if someone calls us and just wants child support.They have parenting time arranged (not by Court Order) and everything else is agreed to- what would you file? There has neverbeen a case opened.
The district court will enter a decree of dissolution of marriage or legal separation when: (3 main things)
What is the statute
- One of the parties has been domiciled in CO at least 91 days prior to filing
- The marriage is irretrievable broken
- 91 days or more have passed since the Court acquired jurisdiction over the respondent or if petitioner and co-petitioner filed together
CRS 14-10-106
What is adjudication?
A formal ruling or judgment on something
True or False: The Court will enter a decree of legal separation as long as one person agrees to and accepts the legal separation.
FALSE - CRS 14-10-106(2)
“If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects”
What must be provided in a Petition for Dissolution per 14-10-107?
- That the marriage is irretrievable broken
- residence of each party
- date and place of marriage
- date on which the parties separated
- names, ages, and addresses of any living children of the marriage
- whether or not wife is pregnant
- the relief requested.
- signature of Petitioner (and Co-Petitioner if applicable)
What is the statute re: having or provide your SSN and your child’s SSN when filing a Petition in a DR matter?
CRS 14-10-107(2.5)
Statute re Temporary Injunction
CRS 14-10-107
True or False: A request for genetic tested shall not prejudice the requesting party in matters re parental responsibilities pursuant to C.R.S. ___________
True. CRS 14-10-124(1.5)
Name 4 main aspects of the temporary injunction
- do not transfer, encumber, conceal, or dispose of any marital property without the consent of the other party unless they agree
- do not disturb the peace of the other party
- do not remove the minor children from the state without consent from the other party or without an order of the Court
- do not, without 14 days notice AND consent from the other party, cancel, modify, terminate, fail to pay premiums for any insurance policies
Statute that refers to Entry of Appearance and Notice of Withdrawal by Child Support Services?
CRS 14-10-107.5
When filing a Petition for Dissolution of Marriage of APR, you must disclose to the Court if any protection orders (even if they have been dismissed) have been issued in the past ______ years.
Two.
CRS 14-10-107.8
Statute re Temporary Orders in Dissolution Matter.
CRS 14-10-108
Statute re Irretrievable breakdown
CRS 14-10-110
If one party denies that the marriage is irretrievable broken, the Court shall do 1 of 2 things. What are those 2 things?
- make a finding whether or not the marriage is irretrievably broken
- set a hearing not less than 35 days but not more than 63 days.
CRS 14-10-111 - Declaration of invalidity. Name the 9 main reasons for an invalid marriage. For each, also state the time period for which you can file.
- a party lacked capacity to consent to the marriage (mental incapacity or influence of a substance (6 months)
- a party lacked the physical capacity to consummate the marriage by sexual intercourse and the other party did not know at the time of marriage (1 year)
- a party was underage and did not the consent of their parents (2 years)
- a party entered into the marriage relying on fraudulent acts of misrepresentations of the other party (6 months)
- a party or both parties entered into the marriage under duress by a third party (6 months)
- one or both parties entered into the marriage as a dare (6 months)
- the marriage is prohibited by law
- the marriage was entered into before another dissolution was finalized.
- marriage between family members
Name the Separation Agreement statute
CRS 14-10-112
Name the Disposition of Property statute
CRS 14-10-113
Pursuant to CRS 14-10-113(1), the court shall set apart to each spouse his or her property and shall divide the marital property without regarding to ______________
Marital Misconduct
Statute regarding distribution of property even if one person was a homemaker.
CRS 14-10-113(1)(a)
The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
If the children having lived in a home their entire lives and have connections to the communication but dad wants to sell the house in the divorce, which statute would you cite to argue mom gets to stay in the home?
CRS 14-10-113(1)(c)
The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time
Statute that covers marital property except when…
CRS 14-10-113(2)
Name the instances where property may not be considered marital.
- property that was a gift or bequest
- property acquired in exchange for property acquired prior to the marriage
- property acquired by a spouse after the decree is entered
- property owned at the time of marriage
In a divorce matter, husband claims that wife is in a better economical circumstance since she will be receiving a lot of money from a third-party will and life insurance. Which statute would you cite to counter this argument?
CRS 14-10-113(7)(b)
For purposes of subsections (1) to (4) of this section only, “property” and “an asset of a spouse” shall not include any interest a party may have as an heir at law of a living person or any interest under any donative third party instrument which is amendable or revocable, including but not limited to third-party wills, revocable trusts, life insurance, and retirement benefit instruments, nor shall any such interests be considered as an economic circumstance or other factor.
Spousal Maintenance statute
CRS 14-10-114
True or2 False: The Court can award maintenance in a fair and equitable amount to both parties but can change their decision based on marital misconduct.
False. CRS 14-10-114(2)
State the things the Court takes into consideration when granting or denying an award of maintenance.
- each party’s gross income
- the marital property distributed to each party
- the financial resources of each party.
- reasonable financial needs as established during the marriage
In determining the amount and term of maintenance, the Court should decide whether the party seeking maintenance has bet the requirement pursuant to CRS14-10-114(3)(d). What is that requirement.
- the spouse seeking maintenance lacks sufficient property including marital property distributed to them
- lacks the ability to provide for his or her reasonable needs and is unable to support themselves through appropriate employment.
- is the parent of a child who has a condition or circumstance that makes it inappropriate for the spouse to seek employment outside of the home
Is maintenance tax deductible?
Do you have to pay taxes on money you receive as maintenance?
Is child support tax deductible?
Do you have to pay taxes on money you receive as child support?
How do you manually calculate maintenance?
What is the term of maintenance if the marriage was over 20 years.
The Court can award maintenance for any amount of time or indefinite maintenance but the maintenance term should not be less than what it would be for a 20 year marriage.
In a divorce, both parties currently earn enough to support themselves and cover necessary expenses. Wife does not want to waive maintenance because her new job she got because of the divorce may not last due to experience. Pursuant to CRS 14-10-114, what could you argue in terms of maintenance?
- nominal maintenance in order to preserve a claim of maintenance in the future.
What is subsection 3 of 14-10-114 (maintenance)
Factors affecting the amount AND term of maintenance
For maintenance calculations, what day do you use as the first day of marriage to calculate whole months?
The first day of the month after the parties were married to the date of decree or date of final hearing (14-10-114(8))
Name 3 instances where a party would not be imputed with income for unemployment for underemployment pursuant to 14-10-114(IV) in calculating maintenance.
- If the party is mentally or physically incapacitated.
- If the party is caring for a child of the marriage under the age of 30 months
- if the party is incarcerated for 1 year or more.
Name 3 instances where a party would not be deemed “underemployed” when calculating maintenance.
- the employment is temporary and intended to result in a higher income in the future. (Intern etc.)
- the employment is a good faith career choice
- the party is in school which will result in a higher degree or certification that will result in a higher income.
Child support statute
CRS 14-10-115
True or False: Mandatory school fees when calculating child support include school meals and uniforms.
FALSE
Name 3 instances where a party would not be imputed with income for unemployment for underemployment pursuant to 14-10-115 in calculating child support.
- a parent who is physically and/or mentally incapacitated.
- a parent who is caring for a child under the age of 24 months (child of the marriage)
- a parent sentenced to jail for 180 days or more.
Name 3 instances where a party would not be deemed “underemployed” when calculating child support.
- the employment is temporary and will lead to high income
- the employment is a good faith career choice that is not intended to deprive the child of support
- the parent is enrolled full-time in school or part-time in school and works part-time which will result in a certificate or degree to earn higher wages
