New App Protects Domestic Violence Victims

Aspire News is an Android and iPhone application created by the Robin McGraw foundation that allows people in abusive relationships to seek help by alerting police, recording during an altercation and providing domestic violence resources for victims.  The application is discreetly disguised as a news iPhone app such as Huffington Post or CNN.  When the user taps on the "Help" button of the application, it redirects the user to domestic violence resources.  If the user is experiencing an altercation with their partner, they can record conversations with the tap of a button as well as alert the police.  The app is not only for people who are in abusive relationships but also for loved ones of victims of domestic violence.  The app also allows the abused individual to contact loved ones using the app in emergencies.  

If you or someone you know is in an abusive relationship, Aspire News can provide helpful resources and aid in the event of a compromising situation.  Click on this link for more information.https://www.whengeorgiasmiled.org/the-aspire-news-app/

Written by Kady Tran

How Are Civil Unions Different From Marriages In Colorado?

On May 1, 2013 civil unions became legal in Colorado.  A civil union establishes a legal relationship between two people in Colorado, much like a marriage.  Many wonder what this means, and what the differences are, if any, from a marriage?  Civil unions are, for all intents and purposes, the same as a marriage under Colorado law.  Note I specifically wrote “under Colorado law” because, until the Federal government recognizes the rights of the LGBT community to marry within its community, they will not have the same rights as married couples under Federal law.  While this is no doubt confusing, I have outlined the similarities and differences between civil unions and marriages below:

                                                                                                                                                                                                                                                        

Similarities

• Marriage and Divorce Laws:

o   Divorce  (If you enter into a civil union, then you must divorce as if you entered into a marriage.)

o   Child custody (children conceived during the civil union are presumed to be the natural child of both civil union partners)

o   Child support 

o   Maintenance/alimony 

o   Property and debt division 

o   Prenuptial agreements

o   Adoptions (A civil union partner may adopt the child of the other partner the same way a stepparent in a marriage would).

o   Common law marriage

• Health Insurance.  Your civil union partner can now be covered under your health insurance policy if your policy is in Colorado.
• Spousal privilege.  Under Colorado law, a spouse cannot be forced to testify against you without your permission.  This protection applies to civil union partners as well.
• Civil unions, same-sex marriages, domestic partnerships and other same-sex legal unions conducted in other states that recognize the same rights are recognized in Colorado as civil unions.
• Domestic Abuse laws

Differences

• In a marriage, the married partners are called “spouses.”  In a civil union, the married partners are called “civil union partners.” 
• Income taxes:  Those in a civil union cannot file jointly, or even “married filing separately.”  To alleviate any confusion, Colorado will not allow civil union partners to file income taxes jointly.
• Property division in divorce.  When married couples divorce, the division of assets as part of the divorce (such as dividing a 401(k), transfers of funds from bank accounts, and transfer of home ownership) is exempt from Federal tax.  However, because Federal law does not yet recognize civil unions and marriages that are not between a man and a woman, division of property in a civil union divorce may be considered a taxable event.   In plain English, this means if you get any property in your divorce, the Feds may tax it as income to you.
• Social Security divorced spouse benefits.  If a divorced married couple was married at least 10 years, the lesser-income-earning spouse's social security benefit will be increased to a rate equal to half of the higher-income spouse's benefit amount.  Since Federal law does not yet recognize civil unions, civil union partners will not qualify for this.

In short, under Colorado law, those in a civil union are treated exactly as those in a marriage.  However, under Federal law, your civil union is not yet recognized as a valid union and therefore, is not subject to the same protections.  For more answers on your benefits under Colorado law, contact The Taibo Law Firm to speak with an attorney.

Everyone Should Have a Prenup.

Most people who are not celebrities think of prenuptial agreements as a sign they have no faith in their impending marriage.  The flaw in this belief is that it ignores the reality that 60% of marriages do end in divorce.  I know-  You're in love, you've dated for 6 years, you know each other well enough, neither of you is the vindictive, greedy, selfish type....  I can tell you that every nasty divorce I've litigated started the same way.  You just never know.

If you were about to go skydiving and you knew there was a 60% chance your parachute wouldn't open, would you go?  Would you at least make sure you had a backup parachute?  You're in love and you are going to get married, despite the odds not being in your favor.  The prenup is your backup parachute.

"But we don't have anything anyway," I've heard people say.  But one day, you will.  The law in Colorado states assets and debts are to be divided "equitably" in a divorce.  Note: this does NOT say equally.  What this means to divorcing couples is there is room to argue over "what is a fair way to divide assets?"   And most of the time, the two spouses disagree on what's fair.  What if your soon-to-be-spouse develops a shopping addiction and racks up a $50,000 credit card bill?  That debt will probably be apportioned to you up to 50% - that is, unless you had a well-written prenup. 

What if you marry someone who ends up refusing to work?  You're married for 10, 20 years, you bring in all the income, you've worked your way up the employment ladder to get to where you are, and your spouse refuses to contribute.  Since Colorado is a "no fault" state, you may end up paying maintenance (alimony) for a number of years, because the Court will not take into consideration the spouse's refusal to work.  It's just about the numbers.  A prenup doesn't just protect what you already have - it can protect what you will have, and protect you from unexpected circumstances. 

If you're afraid to approach your fiancee with this idea, consider this:  A well-written prenup is not one-sided, contrary to popular belief.  A prenup should be reviewed by two attorneys - one for each of you, and should protect both parties equally.  It's a contract, and you can put whatever you want in it to make sure both parties believe it's fair.  You can honestly tell your fiancee that the prenup is for both of you.

Don't rule prenups out until you've gotten all the information.  Call Alisha Taibo to talk about how a prenup can work in your particular situation. 

Kris Humphries will cut off his nose to spite own face

http://www.tmz.com/2013/02/17/kris-humphries-kim-kardashian-divorce-trial-nba-playoffs/

So Kris Humphries would risk his career and millions of dollars just to try and stick it to Kim Kardashian in Court. Which is your celebrity reminder to never fight on principal! In divorce, everyone loses, but if you pick fights just to hurt the other spouse, you may be only hurting yourself worse. Be willing to let go and your divorce will go more smoothly. Remember - the best revenge is living well!

If I’m getting divorce because my spouse cheated, can I make him/her pay my attorney fees?

Short Answer:  Maybe, but not because of the cheating.

Explanation:  This is really two questions; not one. 

The first questions is essentially, “if my spouse cheated, will the court take that into consideration for any reason whatsoever?”  The answer is no.  Colorado is a no-fault divorce state, which means the court is prohibited from taking into consideration any fault on behalf of one of the spouses in deciding issues like attorney fees, property division and alimony. 

The second question is essentially, “can I get the court to order my soon-to-be-ex (“STBE”) pay my attorney fees?”  The answer is maybe.  In a divorce, you can ask the court to consider the financial resources of you and your STBE, and order your STBE pay a reasonable amount of your attorney fees if there is a disparity in your two incomes.  The purpose of an award of attorney fees is to equalize the parties’ financial positions.  For example, if your STBE earns $100,000.00 per year and you are a stay-at-home-parent earning little to no income, the court may order your ex to pay your attorney fees.  Keep in mind, the court will only order this typically at the end of your case, so you need to cover the costs up front and hope the court awards you attorney fees in the end. 

Additionally, just because there may be a large disparity in your two incomes, the court will not necessarily order attorney fees to be paid.  Judges may decline to do so for any number of reasons.  For example, the judge may believe you are responsible for dragging the divorce out, and therefore should not be rewarded with attorney fees.  Whether or not this is true is irrelevant.  The awarding of attorney fees is completely up to your judge’s discretion.  If the judge believes it is fair that each party pay their own attorney fees, that is the ruling and you’re outta luck.  Bottom line:  Don’t go through your divorce assuming you will get attorney fees in the end.  Like the rest of your divorce case, there is no guarantee.

To find out whether you might qualify for an award of attorney fees, contact Alisha Taibo through www.taibolaw.com or at (303) 653-2509.

How is Alimony/Maintenance determined?

Short Answer:  Whether to award maintenance and in what amount is determined by examining whether one spouse lacks sufficient property, including marital property, to provide for his or her reasonable needs and is unable to support him/herself through appropriate employment.

Explanation:  The purpose of maintenance is to substitute for financial support during the marriage to ease a lesser income-earning spouse’s transition into the work force and prevent the spouse from becoming dependent on public assistance.  For example, the court may use an award of maintenance as a tool to balance equities and compensate a spouse whose work has enabled the other spouse to obtain an education.  The determination of a spouse’s reasonable needs depends on the particular facts and circumstances of the parties’ marriage. 

In determining whether to award maintenance, the court must make a determination that the spouse requesting it lacks sufficient property, including marital property being divided, to provide for his or her reasonable needs and is unable to support his/herself through appropriate employment.  Appropriate employment is determined based on the facts and circumstances of each case, but essentially the court looks at the person’s earning capacity based on education and experience, as well as the person’s expectations and intentions during the marriage.  Additionally, the court must consider the receiving spouse’s share of the marital property in arriving at its maintenance award. 

The Court bases its findings on the financial conditions, abilities, and needs of the parties as they appear at the time of the divorce hearing rather than on what those conditions might have been in the past or may be in the future.  Therefore, even if the spouse requesting maintenance used to earn a higher income, that spouse may be entitled to maintenance depending on circumstances that exist at the time of the divorce, such as disability.  The court looks at each spouse’s earning capacity at the time of divorce, but will examine all relevant factors such as past earnings.

Maintenance must be requested in the petition for divorce or it is waived.  Therefore, if you are getting divorced, make sure you ask for maintenance in your divorce Petition or Response to the Petition, because if you do not, you may not have the option to change your mind later.  If maintenance is a factor in your divorce, you should hire an attorney to negotiate the terms of your property settlement and maintenance to ensure you receive the most fair settlement.  Contact me through www.taibolaw.com or via telephone at (303) 653-2509 to discuss your individual needs. 

My ex has never paid child support. How far back can I go after him/her for child support?

Short Answer:  Typically, you can get child support as far back as the date you petition the Court to order it.  If you already have a Court order and the payor is not paying, you can go after the full amount owed plus 12% interest.

Explanation:  The Child Support Statute, located at § 14-10-115, C.R.S. states the Court can order child support to begin after the date of the parties’ physical separation (in cases of a divorce), the filing of a petition (for child support, divorce or custody) or the date of service upon the other party of the petition – whichever date is latest.  If you have never had a case in the Court involving this marriage or child, the Court does not have jurisdiction to order the payor to pay child support before he or she is served.  This means, if you file a petition to establish child support, but it takes you a year to serve the other party, the Court cannot order child support until the date the payor is personally served with the petition.

If you already have a Court order for child support, and the payor is simply not paying, you are entitled to the entire amount the payor was ordered to pay, plus 12% annual interest on the arrears.  Additionally, you can file a motion for contempt against the payor or garnish the payor’s wages to get the payor to pay you on time going forward.

Contempt means that a person is not complying with a Court’s orders.  If you have a Court order for child support and the payor is not paying, that payor is in contempt of the child support order.  You can file a motion for contempt, which means you are asking the Court to find the payor in contempt of the Court order, ask the Court to compel the payor to pay, and ask for a sentence of jail or a fine.  Many times, this gets the payor’s attention.  And, if you win on the contempt, the Court will usually award you your attorney fees and costs for having to pursue the contempt to enforce the order.

You can garnish the wages of the payor to pay regular child support and arrears.  The garnishment of wages for child support is called an “income assignment.”  The procedure for doing this depends on the date of your child support order, due to several changes in this area of law.  The most recent change in the law states, for orders entered after 1996, income assignments are to be ordered by the Court automatically, unless the parties demonstrate an income assignment is not necessary.  If the Court did not order an income assignment in your case automatically, you can still get one.  If your ex has a history of not making child support payments on time or in the right amount, this may be a great option for you to save you the cost of filing contempt after contempt against the payor.

If you do not have a child support order in place and want to get one, you should file your petition as soon as possible to get the child support started as of the date you file or serve your ex!  The longer you wait, the more money you are losing. 

If someone owes you child support, or you would like to get a child support order in place, contact me through www.taibolaw.com or by phone at (303) 653-2509 to discuss what options are best for you.  Child support enforcement can be a complicated area.  You should consult with an attorney before deciding which avenue is in your, and your child’s, best interests.