Ammarell Deasy, LLP Ammarell Deasy, LLP 2026-10-19T14:53:11Z https://www.adlawcolorado.com/feed/atom/ WordPress /wp-content/uploads/sites/1401909/2020/05/cropped-favicon-3-32x32.png On Behalf of Ammarell Deasy, LLP <![CDATA[Can child support be reduced if you lose your job?]]> https://www.adlawcolorado.com/?p=50692 2026-10-19T14:53:11Z 2026-10-19T14:53:11Z When unemployment supports a change In Colorado, you can seek lower payments if involuntary unemployment causes a substantial and continuing change in circumstances. Under the state's modification rules, a recalculation generally needs to reduce your obligation by at least 10%. That percentage concerns the support amount, not your salary. For example, reducing a $600 monthly obligation to $540 meets the 10% threshold. Your income loss also needs to be more than temporary. The reason for your unemployment can also affect the court's review. A layoff or firing could support your request, although neither guarantees approval. If you quit or cut your hours, the judge generally calculates support using your earning capacity. This means basing payments on what you could reasonably earn instead of your current income.

How to request an adjustment

To request lower monthly payments, you generally need to file a motion in your existing court case. The following documents and actions support that request:
  • Complete the forms. File the Motion to Modify Child Support, JDF 1403, with the required financial paperwork. Provide the other parent with copies under court rules.
  • Address filing costs. The standard filing fee is $105. If you cannot afford it, you can request a waiver based on your finances.
  • Document your circumstances. Gather your termination letter, recent pay stubs and unemployment benefit statements. Those benefits generally count as income when the court calculates support.
  • Track employment efforts. Save applications, interview notices and employer responses. These records can show your attempts to obtain suitable work.
Your existing order remains enforceable while the request is pending. If you cannot pay in full, pay as much as possible. You still owe the rest. A reduction generally takes effect from the filing date, rather than when your employment ended. Waiting to submit the motion typically leaves earlier missed installments unchanged.

Maintaining stability through the transition

Realistic planning for both households can preserve a sense of routine during this transition. Clear communication with your former spouse about expenses could keep discussions focused on arrangements. If you both agree to lower child support, you still need court approval before paying less. Legal guidance can clarify disputed calculations and explain the proposed adjustment.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[How to prove coercive control in a child custody case]]> https://www.adlawcolorado.com/?p=50688 2026-10-10T10:07:01Z 2026-10-10T10:07:01Z What does a pattern of coercive control look like? A judge will usually want specifics. That can include monitoring calls or messages, blocking access to finances, limiting contact with family or friends or using surveillance to intimidate. Colorado courts focus on how that conduct affects parenting, decision-making and the child's safety or emotional well-being. Judicial guidance on child safety in custody cases gives added context for how family courts assess risk and control allegations.

What records can help show the pattern?

The strongest cases usually rely on records created over time, not general accusations. Helpful proof may include:
  • Text messages, emails or voicemails that show threats, demands or monitoring
  • Financial records showing blocked access to money or accounts
  • A dated log of incidents involving isolation from family, friends or support
  • Records of tracking, surveillance or unauthorized account access
  • Statements from witnesses who personally observed the conduct
These records help show whether the behavior forms a pattern and whether it poses a risk to the child or to your ability to care for them.

How do judges evaluate the impact on the child?

Colorado custody decisions turn on the child's best interests. That means the court will not only look at the conduct itself, but also at whether it affects stability, safety and each parent's ability to care for the child. The same kinds of concerns can also affect child custody disputes when one parent tries to control communication, parenting time or major decisions. Building this kind of record takes time and a Colorado family law attorney can help you present it in a way that fits the court's best-interests analysis.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Unique legal requirements for military divorce in Colorado]]> https://www.adlawcolorado.com/?p=50684 2026-09-23T18:26:07Z 2026-09-23T18:26:07Z Colorado filing rules can work differently for service members Colorado usually requires one spouse to live in the state for at least 91 days before filing. A service member can also meet that rule by serving in Colorado for the same period. That requirement helps decide where the case begins and which court can hear it. An active-duty service member can also ask the court to pause the case if military duties prevent participation.

Federal law can delay the divorce process

The Servicemembers Civil Relief Act allows some service members to ask for a delay when service duties prevent them from taking part in the case. Federal protections for military family divorce issues explain that process in more detail. That protection can matter when hearings or deadlines conflict with active-duty service.

Retirement benefits follow different rules

Military retirement can become part of property division, but federal law adds rules that civilian divorces do not face. Colorado divides marital property in a fair way, not always in equal shares and military retired pay can become part of that process. Direct payment through the Defense Finance and Accounting Service usually depends on whether the marriage overlapped with at least 10 years of service that count toward retirement.

Deployment can change parenting time

A deployment can create parenting issues that need quick court action. Colorado law gives courts a process for temporary changes when one parent leaves for service. Common issues may include:
  • short-term schedule changes
  • communication during deployment
  • time with a family member while the parent is away
  • changes if deployment dates move
People with broader Colorado divorce concerns may also need to review how these rules fit together before the court enters final orders. A family law attorney can review the military and family circumstances together and assess how these rules may affect the case.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Why high-value assets are often the hardest part of a Denver divorce]]> https://www.adlawcolorado.com/?p=50682 2026-09-11T16:24:01Z 2026-09-11T16:24:01Z Complex assets require more than a simple appraisal Some assets are harder to divide because they change in value, depend on future events or mix personal and marital interests. Stock awards, deferred compensation, closely held businesses and investment property all present this challenge. Colorado law distinguishes marital property from separate property and directs courts to consider factors such as contributions to marital property, each spouse's economic circumstances and increases or decreases in separate-property value during the marriage. Tax rules for divorced or separated individuals can also become important when one proposed split creates future liability that the parties did not expect.

What property creates the biggest disputes?

High-asset divorce cases involve more than salary and savings. Some of the most disputed property may include:
  • Business ownership interests
  • Restricted stock or deferred compensation tied to future vesting
  • Performance bonuses that do not repeat every year
  • Real estate investments
  • Retirement accounts and pensions
These assets may require expert appraisal, tracing and a close look at when the spouse earned or acquired them.

How tax treatment and timing can affect property division

An equal-looking split on paper may have different financial consequences if one spouse receives assets with substantially different tax bases or potential tax consequences upon a future sale. Divorce property disputes involving significant assets may turn on liquidity, transfer costs and the financial consequences of each proposed allocation. A family law attorney can review the value, liquidity, tax treatment and other financial characteristics of the assets and identify where a seemingly equal arrangement may place too much long-term risk on one spouse.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Who gets a say in the child’s religious upbringing after divorce?]]> https://www.adlawcolorado.com/?p=50678 2026-09-03T12:17:57Z 2026-09-03T12:17:57Z Joint vs. sole decision-making According to Colorado law, if one parent has sole decision-making responsibility, they usually make the major choices about education, medical care and religion. However, when parents share joint decision-making power, they are typically expected to try and agree on these significant life choices together.

Religious freedom in co-parenting disputes

When co-parents completely disagree on religious matters, a judge may sometimes need to step in to evaluate the situation. But the law also protects each parent's First Amendment right to religious freedom. Because of this balance, a judge usually cannot interfere with a parent's right to freely share their faith with their child during their own parenting time.

When may a court restrict religious practices?

If you are insistent on restricting the other parent from making certain religious choices within your child custody arrangement, you have to provide clear evidence of a serious problem. The court generally should find that the specific religious practice would actively affect the child’s emotional development or physically expose him to dangers. Exposure to different religious beliefs, by itself, generally does not establish the type of harm that would justify restricting a parent's religious practices or decision-making authority.

Balancing faith and family dynamics

Co-parenting with two different religious beliefs takes a lot of patience and respect. In Colorado, courts do not want to choose one religion over another. Instead, judges usually focus on keeping your child safe and emotionally healthy. By understanding these legal rules and focusing on your child's overall well-being, parents can find a supportive way to move forward together.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[How does domestic violence affect spousal support in Colorado?]]> https://www.adlawcolorado.com/?p=50673 2026-09-02T08:29:26Z 2026-09-02T08:29:26Z Domestic violence can affect more than a spouse’s physical safety. It can also shape the financial circumstances surrounding a divorce. For example, an abusive spouse may control access to bank accounts, interfere with employment or use money to control household decisions. These actions can leave the other spouse with fewer financial resources when the marriage ends. In Colorado, courts may consider domestic violence when deciding whether to award spousal maintenance, how much to award and how long payments should continue. A recent change in state law makes this factor especially important in divorce cases involving abuse.

When abuse becomes a factor in spousal maintenance

Colorado law requires courts to consider several factors when deciding spousal maintenance. These include each spouse’s income, financial resources, employment, earning ability, the length of the marriage and the standard of living during the marriage. Since 2025, Colorado Senate Bill 25-116 (2025) also requires courts to consider whether one spouse engaged in:
  • Domestic violence or physical abuse
  • Coercive control or emotional abuse
  • Economic abuse
  • Litigation abuse
  • Unlawful sexual behavior
This does not mean that domestic violence automatically results in a higher maintenance award. Instead, the court can weigh the abuse alongside the other financial and personal circumstances in the case. For example, economic abuse may have limited one spouse’s access to money or prevented that spouse from maintaining employment. Those circumstances may be relevant when the court evaluates financial need and the ability to become self-supporting.

What this can mean for your case

Colorado law does not award spousal maintenance just to punish one spouse for bad behavior. However, a 2025 change in the law allows the court to consider certain types of abuse when deciding how much support to award and how long it should last. Keeping records of financial control, problems at work, protection orders or other signs of abuse can help show what happened during the marriage. Legal assistance can help you present this information along with the financial details the court needs to review.

A financial issue with serious consequences

Domestic violence can affect a spouse’s finances even after the relationship ends. For example, one spouse may have had limited access to money or may have been unable to work because of the abuse. These facts may matter when the court looks at income, property, employment and other factors when deciding spousal maintenance.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Can a business buyout change divorce property division?]]> https://www.adlawcolorado.com/?p=50656 2026-08-17T05:43:04Z 2026-08-17T05:43:04Z The buyout price may affect business value A business valuation often looks at the company’s financial records to estimate what an ownership interest is worth before a sale or transfer. A buyout adds another useful figure: the price an outside buyer agrees to pay. That price may not reflect the value of the ownership interest alone. The deal might also include debt, special rights or other terms that affect the total amount. Reviewing the full agreement could help show how much of the purchase price applies to the business interest being divided in your divorce.

Earnouts could complicate the final division

A buyer may not pay the full purchase price when the sale closes. Some deals include later payments based on future sales, profits or continued work. These payments are often called earnouts. An earnout may make the business harder to value if the final amount remains uncertain. Some earnouts depend on future business results, while others require the seller to keep working after the sale. In Colorado, the court may need to examine what each payment compensates and when the right to receive it arose. A payment earned through post-marital work may receive different treatment from a payment tied to the sale of a marital business interest.

Keep the buyout records organized

Handling a sale during divorce may add another layer to an already demanding property dispute. Detailed records could make the transaction easier to explain. Consider keeping the purchase agreement, later amendments and records that describe future payments. These documents may help show how the buyer calculated the price and what each payment covers as you get ready for settlement talks or court proceedings.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Will you be held liable for your spouse’s debt in a divorce?]]> https://www.adlawcolorado.com/?p=50601 2026-07-28T06:37:54Z 2026-07-28T06:37:54Z It might feel unfair to share a debt incurred by your spouse. But Colorado courts don't allocate financial liability strictly based on who signed the receipt or swiped the card. Here is how marital debt allocation actually works during a divorce. 

Marital vs. nonmarital debts

Colorado courts classify divorce-related debt into two categories: marital and nonmarital. The nonmarital debts are the responsibility of the spouse who accumulated them. Meanwhile, the marital debts are usually split between the spouses, following equitable distribution law. But how do you determine which category a debt falls into under Colorado family law?
  • Marital debt: Debt incurred during the course of marriage – such as mortgages, car loans or joint credit cards
  • Nonmarital debt: Debt taken on before marriage or acquired afterward for personal benefit
Understanding the difference between these categories can help you prevent unfair financial burdens when dividing property.

Are you completely free from risks?

In certain circumstances, the creditors might hold you solely liable for the marital debt. For instance, if your spouse declares bankruptcy, the creditors may come after you. Furthermore, in many Colorado divorce cases, there is a risk of the spouse disputing the classification of marital and nonmarital debts, attempting to get their personal debts under marital debts. 

How a legal guide may help

Grasping Colorado's marital debt laws can be helpful in protecting your financial future during a divorce. However, there is a lot at stake and the legal procedure can be incredibly complex. If you want to protect your interests and see that the court allocates the debts fairly, consider consulting with an attorney who can provide guidance tailored to your specific situation.]]> by Ammarell Deasy, LLP <![CDATA[How domestic violence impacts custody decisions in Colorado]]> https://www.adlawcolorado.com/?p=50599 2026-07-14T20:03:54Z 2026-07-14T20:03:54Z Why does domestic violence matter in custody decisions? Colorado courts allocate child custody based on the best interests of the child. When domestic violence is involved, concerns about the safety of the child and the abused parent can significantly affect the court’s decisions. The court may consider:
  • The child's safety: The court looks at whether the child can live in a safe, stable and healthy environment.
  • The risk of future harm: If the court finds an ongoing safety concern, it may consider conditions or restrictions intended to reduce that risk.
  • Parenting time and decision-making: A history of abuse may affect parenting time and the parent's ability to make important decisions about the child's education, healthcare and daily life.
  • The circumstances of the case: Every family is different. The court reviews the facts and evidence before deciding what arrangement best protects the child.
Because these cases often involve difficult legal issues, an experienced family law attorney can help present the evidence and work toward an outcome that protects the child's future.

What evidence can influence decisions about parental responsibilities?

Colorado courts may consider domestic violence in a custody case even if no criminal conviction exists. The court reviews reliable evidence to decide whether abuse may affect a child's safety and well-being. Evidence may include:
  • Police reports: Records of reported domestic violence incidents
  • Protection orders: Court orders that show safety concerns
  • Witness statements: Accounts from people who saw or heard abusive behavior
  • Medical records: Documents that show injuries related to abuse
  • Photos, videos or messages: Evidence that may show threats, violence or intimidation
  • Other records: Emails, call logs, school records or other documents that help show a pattern of abuse
The court also looks at how serious the abuse was, how often it happened and whether the child was harmed or exposed to violence. It considers these findings along with other custody factors to decide what serves the child's best interests.

Protecting what matters most

A custody order may settle a legal dispute, but protecting a child's well-being is an ongoing responsibility. As families move forward, new safety concerns or major changes at home may call for legal action. An experienced family law attorney can help address new challenges and work toward solutions that continue to put the child's best interests first.  ]]> On Behalf of Ammarell Deasy, LLP <![CDATA[The family home: Keep it, sell it or share it?]]> https://www.adlawcolorado.com/?p=50597 2026-07-02T14:44:13Z 2026-07-02T14:44:13Z The family home is more than just a marital asset Colorado follows the equitable distribution rule when dividing marital property. The court does not make an equal distribution, but rather makes a fair division of assets. While deciding how to divide the house, the court may consider:
  • Financial condition of both spouses
  • Overall division of marital property
  • Each spouse’s contribution to the marital property
  • Future need of the family
This means the decision about the family home depends on the needs of each spouse.

Deciding what to do with the family home

No single solution works for every family. There are many options for the spouses on what they can do with the family home. In some cases, one spouse may decide to keep the home and refinance the mortgage. Other couples may decide to sell the house and divide the proceeds. Some families may choose to keep the home jointly for a period of time before selling it, giving them more flexibility to plan for the future. The right option depends on the financial condition, future plans and the ability to maintain the property in the long run.

Can children affect the discussion?

If the divorcing couple has children, their needs might influence what happens to the family home. In some situations, parents might decide that one spouse should remain in the home for a period of time to provide stability when considering whether keeping the home is financially realistic.

Making a decision for the future

For many, a family home may have an emotional meaning, but it also has many expenses, such as mortgage and maintenance costs. Looking at the bigger picture can help the family make an informed decision that supports their future after divorce. Understanding the available options can help the family move on in their life with more clarity.  ]]>