It's the Law

Child Custody

2012-01-03T13:34:00.001-08:00

THE MARRIAGE ZONE

Child Custody

By
Christopher C. Meyer September 2009

Colorado no longer uses the term “Child Custody”. Instead, such matters are referred to as “Parental Responsibilities”. Parental Responsibilities are divided into “Parental Decision Making” and “Parenting Time”.

In all cases involving children a “Parenting Plan” must be submitted to the Court.
A Court will approve the Parenting Plan if it is in the ”best interests” of the children. The parenting plan must include provisions for parental decision-making and parenting time.

Parental decision-making involves decisions that affect the child such as where the child goes to school, what church the child attends, what doctor the child sees, etc. Parental decision-making can be joint or sole. Parents usually agree on joint decision-making. Even if parents cant’ agree on much, they usually can agree on what is best for the child. Joint decision-making involves the parents consulting with each other and coming to an agreement about what action is in the child’s best interests. Sole decision-making authority may be appropriate in unusual circumstances involving, for example, one parent’s absence or severe mental illness.

Parenting time is an area where parents may have trouble determining what is in the child’s best interests. A child ‘s best interests regarding parenting time is not merely a competition between parents to see who can win the most parenting time. It is becoming common for Courts to award equal parenting time to both parents, even with very young children. It is difficult to argue against a child’s spending as much time as possible with both parents.

If parents cannot agree on parenting time, a Court may appoint a parenting time evaluator who will investigate and report to the Court with a recommendation as to the child’s best interests. The evaluator must meet certain standards and is usually a mental health professional (psychologist).

One of the best things you can do to show that you are serious about parenting time is to meet your child support obligation.

Child custody law is the same as other law. You must remember that: you may not understand it; you may not like it; and you may not think its fair; but it’s the law!

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Child Support

2012-01-03T13:30:00.000-08:00

THE MARRIAGE ZONE

Child Support

By Christopher C. Meyer December 2011

Child support is calculated according to the Colorado Child Support Guidelines. The amount of child support is a mathematical calculation based on several factors – the major factors being the gross income of each parent, the number of children, and the number of overnights the children spend with each parent. The basic child support amount is adjusted by various other factors such as the cost of health insurance for the children.

The following two examples are illustrative:

Ex.1 – Two children. Father’s monthly gross income is $4,000 and he pays $250 per month for health insurance for the children. Mother’s gross income is $2,500 per month. The children spend approximately 50% of overnights with each parent. According to the guidelines, Father must pay $121 per month to Mother for child support.

Ex.2 – Same as Ex. 1, except the children spend only 22% of overnights with Father. Father must pay Mother $666 per month for child support.

Why is there such a big difference in these examples? The guidelines assume that if you have over 25% of the overnights, you are contributing to the support of the children in proportion to the number of overnights in addition to the guideline support amount. If you have less than 25% of the overnights, the guidelines assume that you are not contributing to the support of the children in addition to the guideline support amount
.
A court can deviate from the guideline amount of child support, but must have good reasons for doing so. Such reasons are usually child-centered. An example of a good reason for a deviation might be to provide a distant parent with additional funds for travel that would result in more parenting time for the child with that parent.

Child support is an obligation of the parent(s) to support the child(ren). Parents cannot contract to pay no child support. A Court will not approve such a contract absent very unusual circumstances.

Child support terminates when a child reaches age 19 or is emancipated. There are exceptions to the age 19 limit if a child is still in high school. If a child is disabled and not self-supporting, child support may extend past age19. Parties may enter into an enforceable agreement for child support to extend past age 19.

Failure to pay child support cannot be used to deny a parent visitation (parenting time) with a child. However, failure to pay child support is a bad idea. A parent that expresses great love and affection for a child, but fails to pay child support, has little credibility with the Court. Moreover, past due court-ordered child support accrues interest at 12% per year!

Child support law is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Maintenance (Alimony) Basics

2012-01-03T13:22:00.000-08:00

THE MARRIAGE ZONE
IT’S THE LAW: MAINTENANCE (ALIMONY) BASICS
By Christopher C. Meyer  June 2011

In Colorado, alimony or spousal support is referred to as “maintenance”. Eligibility for maintenance is determined by a list of statutory factors such as the length of the marriage. The goal of maintenance is to place the spouse who gets it in a position where that person will eventually be able to support themselves without assistance. Another goal is to enable the receiving spouse to maintain a lifestyle similar to that enjoyed during the marriage.

The two basic components of a maintenance analysis are a spouse’s need for financial help and the other spouse’s ability to pay. Cases often involve a party with an obvious need for maintenance, but if the other party cannot afford to pay it and meet their own needs, maintenance will not be awarded. It is an unfortunate fact of life that two households cost one-third more to operate than one does. Many couples are in financial difficulty. Financial problems are a big contributing cause of divorces. If a couple is in financial difficulty, it is less likely that a divorce will include a maintenance award, however great one of the party’s need may be.

A significant issue regarding maintenance is the duration of the award. The duration of the award really depends on how long it will take the receiving party to become self-supporting. Each case turns on its own facts. Assuming that the receiving party is under 50 and is in good health and under no disabilities, a broad estimate would be that the duration of the award would not be greater than one-third the length of the marriage.

Maintenance usually ends automatically upon the death or re-marriage of the receiving party, or the death of the paying party. This must be so in order for the payment to qualify as alimony under IRS regulations. Alimony that qualifies under IRS regulations is deductible (a reduction from gross income to adjusted gross income) to the payor and is taxable income to the payee. Tax consequences of maintenance awards should be analyzed prior to entering any agreement to pay or receive it.

Some parties may be eligible for temporary maintenance. Temporary maintenance covers a party’s need for support from the time the case is filed until the final orders are entered and the case is completed. The Legislature has provided a formula for determining the presumptive amount of temporary maintenance where the parties combined yearly gross incomes are $75,000 or less. This amount is 40% of the monthly income of the higher income party, less 50% of the monthly income of the lower income party. The presumption regarding the amount of temporary maintenance can be overcome by proving that it would be unfair.

Temporary maintenance for parties whose combined gross incomes are greater than $75,000 per year is determined by the regular maintenance criteria.

Maintenance/alimony law is the same as other law. You must remember that: you may not understand it; you may not like it; and you may not think its fair; but it’s the law!

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Short Sale Of The Home - Tax Consequences

2012-01-03T13:15:00.000-08:00

THE MARRIAGE ZONE:
Short Sale Of The Home – Tax Consequences
By
Christopher C. Meyer, Ruth Bolas, and Kristina Kesselring
 2010

Recent disturbing statistics show that 30 % of the homes in our area are worth less than what is owed on the loans on those homes! Ruth Bolas and I wrote a previous article about real estate short sales for this publication. We thought it would be helpful to expand on the short-sale subject by commenting on tax consequences, so we brought in our tax expert, Kristina Kesselring, CPA.

Whether you are involved in a divorce, or are just struggling to keep up with your monthly house payments, if you are thinking about a short sale as a way to get out from under your house and the mortgage, you must be aware of possible tax consequences.

It used to be that the amount of the loan that was forgiven in a short sale became taxable income to the seller. Talk about adding insult to injury! If John and Mary sold their house for $50,000 less than the mortgage amount, they would get an IRS form 1099 from the lender showing that they received $50,000 in income from the transaction! The amount of the debt forgiven (not paid back) was taxable income to the borrower.

Thanks to the anemic state of the economy, recent legislation and regulations eliminate the tax on this phantom income. The catch is that certain requirements apply.

The part of the loan that is forgiven must be on a mortgage on a principal residence. Sorry, vacation homes and investment properties do not qualify.

The amount of the mortgage debt that is forgiven can only relate to the purchase or improvement of the principal residence. If you refinanced your home to pay off credit cards, purchase a car, etc., that amount that is forgiven won’t qualify and will likely become taxable income to you.

The maximum amount of the phantom (debt-forgiven) income that can be excluded is $1,000,000 for a single taxpayer and $2,000,000 for joint filers. You have our sympathy if you need to exclude more than this.

You must take care that the appropriate forms are issued after the transaction.

In most instances you don’t have to worry about all these requirements if you are insolvent or bankrupt. Insolvent means your debts exceed your assets or you are unable to pay your debts as they become due. Most folks contemplating a short sale are probably insolvent. However, even if you are solvent, you can take advantage of this opportunity to get out from under your over-leveraged home without painful tax consequences, but you must meet the requirements. Of course, the better your financial condition, the harder it will be for you to convince your lender to approve a short sale.

Short sales typically result in no taxable income to you if you meet all the requirements, or you are insolvent or bankrupt. However, short sales are complicated transactions and can result in horrendous tax consequences for the unwary homeowner or person considering this option for in investment property. At a minimum, you should consult with a real estate broker who has expertise in these transactions as well as a tax expert.

A short sale can be an effective damage control device for homeowners, but it requires patience, knowledge, and expertise.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Ruth Bolas is a licensed Real Estate Broker with Keller Williams and is also an attorney. She grew up in the Monument area and serves the Front Range specializing in working with buyers as well as home sales and short sales. Ruth Bolas can be reached at ruthbolas@msn.com or 719-488-3026 or 303-437-6010.

Kristina Kesselring is a licensed Certified Public Accountant in the state of Colorado. She has more than 15 years experience in small to mid-sized business accounting and management. She specializes in tax debt negotiation, bankruptcy and divorce accounting, business planning and taxation. Kristina Kesselring can be reached at klkaccounting@msn.com or 719-290-9871.

THE MARRIAGE ZONE: REVIEWING YOUR WILL

2010-05-05T08:48:00.000-07:00

THE MARRRIAGE ZONE: REVIEWING YOUR WILL
By Christopher C. Meyer  2010

This article is not about your personal determination. It is about your last will and testament. When should you review your will?

Generally speaking, you should review your will: whenever you have a major change in your personal situation; whenever you have a major change in your financial situation; or, annually, to determine if there are any changes in the law that should be reflected in your will. A divorce usually generates reasons to review your will because big personal and financial changes result.

If you already have a will, what happens to it if you get divorced? Married folks typically list their spouse as a beneficiary. Divorced folks rarely do this. After you are divorced, you usually don’t want much to do with a former spouse, much less gift them the property you have left after the divorce. Talk about adding insult to injury!

Fortunately for a lot of folks, the law assumes that you will forget to change your will after you are divorced and remove your now former spouse as a beneficiary. Absent an agreement between the parties or a Court order, a divorce invalidates testamentary (will) gifts to former spouses. The same is true for powers of attorney, insurance beneficiary designations, and pay on death designations for various accounts. The same is also true for folks who never had a will. If your estate passes via intestate succession, it is not going to a former spouse.

Situations may arise where there are good reasons to maintain a former spouse as a beneficiary in a will. An example might be to insure continued maintenance payments after a long-term marriage. The best practice in such instances is to make a new will after the divorce.

After you have exited from the marriage zone, you should make a new will. If you don’t, and your former spouse is your only beneficiary, when you pass away your property will be distributed according to the plan the legislature has determined for such situations (intestate succession) and involves your property being distributed to your closest blood relations.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Military Retirement

2010-05-04T14:47:00.000-07:00

THE MARRRIAGE ZONE: MILITARY RETIREMENT
By Christopher C. Meyer copyright 2010

A lot of military and former military folks live in our area. It is not surprising that I am often asked “If I get divorced, will I get part of my spouse’s military retirement?” Fortunately for the person posing the question, the answer is yes, you will receive part of your spouse’s military retirement if you were married to your spouse during at least part of the time your spouse was serving in the military.

Military retirement benefits, like civilian retirement benefits, are marital property to the extent they are earned during the marriage. Marital property will be divided between the parties by the Court in a divorce.

Military retirement, or “disposable retired pay”, is divided using a formula: months of marriage during military service are divided by the total months of military service; disposable retired pay is then multiplied by this fraction to arrive at the total marital portion of the disposable retired pay. Fifty percent of the total marital portion is then typically allocated to the non-military spouse.

For example: military spouse has 252 months (21 years) of military service; the parties were married for 216 months (18 years) during that military service. In this example the disposable retired pay is $2000 per month. Therefore, the marital portion of the retirement is $1714.28 per month (216 ÷ 252 × $2000). The non-military spouse’s share will be $857.14 per month ($1714.28 ÷ 2), and the military spouse’s share will be $1142.86 ($2000 – $857.14). Sorry about all the math, but it may be useful to you if you need to crunch some numbers.

If a divorce happens prior to retirement, some provision should be made to protect the non-military spouse in the event the military spouse should die. Payment of military retirement ceases upon the death of the retiree. A survivor benefit plan (SBP) is available through the military, or life insurance can be purchased to cover the amount of the anticipated retirement funds. Either method will insure that the non-military spouse continues to receive their share of the retirement after the retiree dies.

Keep in mind that flexible and creative solutions can be substituted for the actual division of the military retirement in certain instances when the parties agree. For example, a lump sum payment calculated on the present value of the military retirement can be substituted for an actual division of the retirement.

You may have heard of the “ten year rule”. Many mistake this rule to mean that the parties have to have been married for ten years during the military service to be eligible to receive a portion of the retirement in a divorce. This rule only means that the parties must have been married for ten years during the military service in order for the non-military spouse to paid their portion of the retirement directly from the military (DFAS). If the parties are married for less than ten years during the military service, the military spouse pays the non-military spouse directly, rather than the payment coming from DFAS.

Make sure you cover all your bases when you exit from the marriage zone, and don’t forget to arrange to receive your fair share of your spouse’s military retirement.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Valuation of the Marital Residence

2010-02-23T09:50:00.000-08:00

THE MARRIAGE ZONE: What is Your Home Worth?
By
Christopher C. Meyer and Ruth Bolas
 January 2010

Your home is often your biggest financial asset. What your home is actually worth can be a major issue in a divorce case. The following discussion of home valuation methods is not limited to the family law context.

There are several ways of determining the value of your home. There is the “guesstimate” method, too often used by homeowners. This can result in erroneous conclusions due to faulty real estate data. Homeowners are not professional evaluators. Many of the valuation systems available to the public have incorrect data. Two other valuation methods that are often used are appraisals and comparative market analyses (CMAs). An appraisal is performed by a certified professional appraiser. A CMA is performed by a licensed real estate broker.

An appraiser analyzes recent sales of other houses and makes standard adjustments for differences between the sold houses and your house in order to arrive at the value of your house. A CMA involves an analysis of active, pending, and sold listings, original list price, final sold price, days on the market, and seller concessions involved, such as payment of a portion of the buyer’s closing costs.

The valuation method that is best for you may depend on practical matters such as the ultimate use of the evaluation. If a Judge is going to determine the value of your home, an appraisal may be preferable to a CMA. However, there is a trend for more acceptance of CMAs by Judges. A lender will demand an appraisal. Appraisals cost money (starting at around $350). Many real estate professionals offer CMAs for no charge.

The most accurate method will depend upon the evaluator. The results provided by a well-experienced professional appraiser and a similarly experienced real estate broker should be very similar. However, a real estate broker who lives and works in your community may have a better grasp of the market value of your house than an appraiser who does not live or have experience in your community. Similarly, an appraiser who lives and works in your community may be more accurate regarding your home than a real estate broker who lives and works in Fort Collins.

Good luck with your home valuation and remember that both an appraisal and a CMA are vastly superior to a guesstimate. Keep in mind that what your home is worth to you is not necessarily its market value. The market value, whether determined by an appraiser or a realtor, is simply the price your home is likely to sell for in the current market. You should also keep in mind that savvy buyers working with a realtor will almost always get a CMA before they make an offer!

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Ruth Bolas is a licensed Real Estate Broker with Keller Williams and is also an attorney. She grew up in the Monument area and serves the Front Range specializing in working with buyers as well as home sales and short sales. Ruth Bolas can be reached at ruthbolas@msn.com or 719-488-3026 or 303-437-6010.

Emancipation

2010-01-20T13:23:00.000-08:00

IT’S THE LAW!
EMANCIPATION - ITS NOT WHAT YOU THINK IT IS
By Christopher C. Meyer copyright January 2010

“Emancipation” refers to the removal of disabilities associated with childhood. Emancipation is not an all or nothing proposition. You can be emancipated for some purposes, but not for others: you can vote when you are eighteen; but you can’t drink alcohol until you are twenty-one. There is no set age of emancipatation for any and all purposes.

There is no specific lawsuit that you can file in Colorado to have a Court declare you emancipated. You have to file an action for declaratory judgment and request the relief you want the Court to grant.

The issue of emancipation most often arises in the context of parents’ child support obligations - since this involves money! For child support purposes, once a child is emancipated, parents no longer have child support obligations to the child. Let’s look at what “emancipation” means for child support purposes.

In Colorado the age of emancipation is nineteen for child support purposes, but there are some uncommon exceptions: the parties may agree otherwise in a written stipulation; if a child is mentally or physically disabled the Court may order child support to continue; if the child is still in high school, child support continues until the end of the month following graduation, but not beyond age twenty-one; or if the child is “otherwise emancipated”. A child is “otherwise emancipated” if: she has entered the military; she is married; or she is living away from home, she is self-supporting, and it is not a temporary situation.

A child who becomes emancipated for child support purposes may later become un-emancipated and the child support obligation may be reinstated. For example, if the child is married but the marriage is later annulled, dissolved or declared invalid, the child support obligated may be reinstated. Similarly, a child who moves out and is self-supporting loses her job and moves back in with her parents. This child may again be eligible for child support if she is not yet nineteen.

The law of emancipation is like any other law: you may not like it; you may not understand it; and you may not think it is fair, but it’s the law!

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Short Sale Of The Marital Home

2010-01-20T13:00:00.000-08:00

THE MARRIAGE ZONE: Short Sale Of The Marital Home

Christopher C. Meyer and Ruth Bolas

What happens when you are getting divorced and your house is worth less than the loans associated with it? Is a short sale a potential solution?

A significant number of people who purchased or refinanced homes in the last few years are upside down in their homes. They owe more on the house than it is worth. In a divorce, the assets and debts are going to be divided between the parties. If the house sells for a net loss, that debt is going to be divided between the parties. Is there some way to avoid or minimize this debt without foreclosure or bankruptcy?

A short sale may be the perfect solution. Although it is not ‘short’ in duration, the short sale process involves a lender taking less or ‘short’ of what they are owed. In most circumstances there are two loans – a first and a second. To facilitate a short sale, the realtor would work with the lenders to negotiate acceptance of a lesser amount than what is owed. For example:

1st Mortgage $200,000
2nd Mortgage $50,000
Market Value $210,000

If the home could be sold for $210,000, then the first lender in this example could be paid in full and the second would have to accept a loss. Keep in mind this example does not include the costs associated with the transaction including commissions, title work, tax pro-rations, and closing fees (that are all paid by the lenders, not the home owners).If the property were foreclosed on, the second lender would get nothing, so better to accept a loss and recover some money in a short sale versus nothing in a foreclosure. Even where a mortgage holder in first position needs to accept less than what they are owed they typically will because in most foreclosures they will end up taking the property back for later sale as a bank-owned property. Banks make money by making loans – not by owning real estate.

Residual risk in a foreclosure or short sale is that the lender(s) could pursue a judgment for the ‘deficiency’ or amount still owed after the short sale or foreclosure, but this is not the general practice. In short sales, lenders used to issue a 1099 to the home owners for the deficiency, but now, with new legislation, in most situations the deficiency is not considered taxable income to the sellers/homeowners.

The lender’s motivation to accept a short sale is to get money quickly from the sale and avoid the expense of a foreclosure sale. The homeowners’ motivation is to avoid the adverse effect of a foreclosure on their credit ratings. When homeowners can demonstrate a legitimate hardship such as divorce, financial problems, loss of job, or health problems, lenders are very likely to work with them to facilitate a short sale.

If you struggling financially and you are upside down in your house, you may be able to avoid foreclosure with a short sale. A short sale is a complicated transaction and it can take a long time, but the credit damage is significantly less than that resulting from a foreclosure.

A short sale can be an effective damage control device for homeowners, but it requires patience and expertise. Keep this in mind if you are trying to minimize your losses as you exit from the marriage zone.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Ruth Bolas is a licensed Real Estate Broker with Keller Williams and is also an attorney. She grew up in the Monument area and serves the Front Range specializing in working with buyers as well as home sales and short sales. Ruth Bolas can be reached at ruthbolas@msn.com or 719-488-3026 or 303-437-6010.

Engagement Rings

2009-06-16T14:06:00.000-07:00

The Marriage Zone: Engagement Rings
By Christopher C. Meyer
© May 2009

When things go wrong, and the engagement is broken, what happens to the ring? Interestingly enough, there is caselaw that applies to this issue.

At the risk of over simplification, if the engagement is broken off through no fault of the person receiving the ring, that person can keep it. If the engagement is broken off through some fault of the person receiving the ring, they must give it back.

The rules of etiquette are somewhat different. These rules dictate that the ring should be immediately returned when the engagement is broken off, unless the ring is a family heirloom of the person receiving it.

My own view is you should not give somebody something if you don’t want them to keep it. I will not represent a party in a case that primarily features a dispute involving jewelry. Rings (the precious!) seem to have significance way out of proportion to their intrinsic value, and folks involved in these disputes often lose all perspective.

If you are considering giving your special someone an expensive ring or one with family heirloom characteristics, you may want to have something in writing that expressly states what will happen to the ring if things don’t work out as expected.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and articles.

Dividing 401k Accounts In Divorce

2009-06-16T13:59:00.000-07:00

The Marriage Zone: Dividing 401k Accounts In Divorce
By Christopher C. Meyer
© June 2009

What happens to your 401k account or your spouse’s 401k account if you get divorced? This question comes up routinely since the 401k has largely displaced the traditional pension as a retirement vehicle.

When dividing a 401k account in a divorce, just like with any other account, the first question that must be asked is whether the 401k is marital property. Assuming that the 401k funds were all earned during the marriage, the account is marital and subject to division by the Court. Marital property 401k accounts are usually divided equally between the parties in a divorce.

Since a 401k will be in only one spouse’s name, how does the other spouse get their share in a divorce? Most 401k plan providers like Fidelity require a “qualified domestic relations order” (QDRO) in order to divide the account. The QDRO is not difficult to get. The parties stipulate to the language of the order and the Court reviews and signs it usually within a few days of filing with the Court. The 401k account providers are very particular about the precise language they require to be in the QDRO. There are attorneys who specialize in drafting QDROs and your attorney will likely use the services of such a specialist to draft your QDRO.

After the Judge signs the QDRO, a certified copy of the signed QDRO is sent to the plan provider who divides the account as ordered. The plan provider often simply creates a new account for the other spouse and transfers half the balance to that new account in the other spouse’s name. So, instead of one account in John’s name with a balance of $100,000, there will now be one account in John’s name with a balance of $50,000 and one account in Mary’s name with a balance of $50,000.

Folks often wonder if there are any tax consequences if a 401k account is divided in a divorce. A 401k is a tax-deferred retirement account. However, there are no tax consequences of merely dividing a 401k in a divorce pursuant to a Court order. Keep in mind that there may be tax consequences after a divorce if you withdraw funds from a 401k before you are retired.

Just like any other marital property account, a 401k account can be divided in a divorce, but this will usually require some complicated paperwork.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.

Annulment In Colorado

2009-02-25T09:22:00.000-08:00

The Marriage Zone: Annulment in Colorado
By Christopher C. Meyer
© February 2009

Under what circumstances can you get your marriage annulled in Colorado? In Colorado an annulment is referred to as a “declaration of invalidity”. Your marriage can be invalidated only under extremely limited circumstances.

There is a popular misconception that you can get your marriage invalidated if you only have been married for a short period of time, such a less than 90 days. Actually, the duration of your marriage has nothing to do with your eligibility for an annulment. There is no “get out of jail free card” just because you have been married for only a few months.

Colorado statutes set out the requirements for invalidating marriages. One of the parties has to have to have been domiciled in Colorado for at least 30 days. The requirements for invalidating a marriage basically involve: lack of meaningful consent to be married (I was so drunk I didn’t know I was getting married.); marriage to an ineligible person (the proverbial redneck jokes – your sister, a twelve year old, etc.); the marriage involves a fraud that goes to the essence of the marriage (my wife didn’t marry me because she loved me, she married me to get my money and she lied about her circumstances to get me to marry her.).

Children born of an invalidated marriage are legitimate. Property, support and child custody issues are determined on the same basis as if the parties had a valid marriage.

Marriage is serious business. There is no easy way out. You can’t get an annulment just because you have been married for a few days or months.

Good luck to you if you are contemplating an exit from the marriage zone, and keep in mind that you are going to have to get a divorce to do it unless your circumstances fit the limited requirements for an annulment.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information including links to 25 other articles he has written.

Paternity

2009-02-17T10:02:00.000-08:00

IT’S THE LAW - PATERNITY
By Chris Meyer May 2007

Challenging the paternity of a child in a family law case involves such basic issues as whether junior really is junior. If you are concerned that you may not be the actual biological father of a child, you should address this concern at your earliest opportunity in the legal proceeding you are involved in. This opportunity typically arises in a child support case or a divorce case.

To understand the law of paternity it is important to understand that there are strong policy reasons that favor a finding that your are the father. The strongest reason is to make sure that a father is available to support the child in order to secure the health, welfare, and happiness of the child. Another strong policy reason favoring paternity is the finality of judgments. People should be able to understand their rights under a judgment and should not have to worry about future events changing their rights.

If you are involved in a child support case or a divorce case and you don’t raise the issue of paternity in that case, you will be determined to be the father. There is nothing you can do about it later, even if it is scientifically determined at a later date that you are not the father!

For example, you are involved in a child support case. You do not raise the issue of paternity, because you mistakenly believe that you are the biological father of the child. The Court orders you to pay child support. More than six months pass after the order is entered. You then discover as a result of genetic testing done for some medical reasons that you are not the biological father. You cannot successfully fight your paternity of this child in a legal action. Legally, you are the father and that is that.

Paternity law is like any other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

The Sworn Financial Statement

2009-02-17T10:01:00.000-08:00

The Marriage Zone: The Sworn Financial Statement
By Christopher C. Meyer
©July 2008

In a previous article I described the mandatory financial disclosure requirements in domestic relations cases. The most basic mandatory financial disclosure requirement is the obligation of both parties to exchange and file sworn financial statements. This requirement applies to all initial and post decree domestic relations cases that involve financial matters, such as child support, maintenance (alimony), and property division. The sworn financial statement is a seven-page form. You will enter your income, expense, asset, and debt information in the spaces provided.

The sworn financial statement provides each party and the Court with the basic information that is needed to determine the party’s financial status. This form is an extremely useful document. It is the prime source for quick reference as to what the parties can afford on a monthly basis and their net worth. The sworn financial statement is intended to be an accurate snapshot of each party’s financial status as of the date that the party signs the document. Your signature must be notarized.

The sworn financial statement requires a comprehensive listing of the parties’ monthly expenses. It shows the monthly budget for the parties. The income and expense information from the sworn financial statement will be used to determine child support and maintenance (alimony). After the form is completed, it is not unusual for parties to discover that their expenses exceed their incomes.

The sworn financial statement can also be used as a tool for projecting future budgetary needs. Most people’s financial situations change significantly after they are divorced. They will have less money to live on. You can use the sworn financial statement to project what your future budget will look like. You can use the form to project your future financial needs even if you are not involved in a court case.

You can download a copy of the sworn financial statement for no cost from the Colorado Courts website (www.courts.state.co.us.). You will not enjoy filling out this form. However, it is an extremely useful exercise because it makes you come to terms with your financial realities. It is also one of the best tools available for projecting your future financial status. Instead of worrying about your financial future, do something about it! Download the sworn financial statement, fill it out, and see what your future looks like.

This article is for informational purposes and does not constitute legal advice concerning your case.

Chris Meyer is an attorney practicing family law in Monument. Chris’s practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Please see his website (www.cmeyerlaw.com) for additional divorce and family law information.

Protecting Your Credit In Divorce

2009-02-17T10:00:00.000-08:00

The Marriage Zone- Protecting Your Credit in Divorce

By
Christopher C. Meyer
© February 2008

If you are planning to get a divorce or you are already involved in the divorce process, it is important to protect your credit from potential damage by your spouse. For example, if you have joint accounts, your spouse may be able to damage your credit even if he or she is ordered by the court to assume sole responsibility for the account.

What happens if a court orders one of the parties to be solely responsible for a joint credit account and that party defaults? The creditor is going to come after the other party, even though the court has ordered the first party to pay. How can this be? The contract clause of the United States Constitution prevents courts from interfering with contractual obligations. Credit is a contractual obligation between the creditor and the debtor (you). If you have a joint account with your spouse, and your spouse defaults on a court-ordered credit obligation, the creditor will look to you to pay, and your credit rating will suffer. A bankruptcy court is the only court that can affect your contractual relationship with a creditor.

Since you may be stuck paying for a joint debt, it makes sense to try to avoid placing yourself at such risk. If you are planning for a divorce, get all your joint credit accounts changed into separate accounts, you will need your spouse’s permission to do this. If you are already involved in the divorce process, eliminate as much of the joint debt as you can.

The same is true for joint bank accounts. If your spouse overdraws on a joint account, guess who the bank will expect to pay the overage – you!

Once you are divorced, you will be a single person. You will want to be able to the only person responsible for your credit rating. It pays to take the necessary steps to put yourself in control.

Good luck to you as you leave the marriage zone, and remember to get rid of those joint accounts!

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Divorce Property Division - Basics

2009-02-17T09:59:00.000-08:00

IT’S THE LAW: DIVORCE PROPERTY DIVISION – BASICS
By Chris Meyer  August 2006

In Colorado marital property is divided in a divorce or legal separation by means of “Equitable Distribution”. “Equitable” does not necessarily mean “Equal”, but for most purposes, and absent unusual circumstances, it is useful to assume that marital property will be divided 50/50 between the parties.

The question then becomes what is the “marital property” to be divided. Marital property is all property acquired during the marriage such as the parties’ earnings and things acquired with such earnings. However, inheritances and certain gifts acquired during the marriage are not considered marital.

“Separate property” is property acquired prior to the marriage, or inheritance or certain gifts acquired during the marriage. The Court has no power to divide separate property. However, any appreciation of separate property during the marriage is marital.

Here is a simple example. A married couple save some earnings during the marriage and buy a house. The parties pay the mortgage with the husband’s earnings. The wife receives an inheritance during the marriage and is careful to maintain this bequest in a separate mutual fund account in her name only. The equity in the house is marital, as is any appreciation included in that equity. The amount of the bequest to the wife is her separate property, but any appreciation of the account is marital.

In most instances, determining what is marital and what is separate property is not difficult. However, the analysis can become complicated in some situations, especially regarding changes to title to real property during the marriage. If you own separate real property titled in your name only but change the title to joint tenants during the marriage (a common occurrence), you may have gifted one half the value of the property to your spouse. For example, Mary owns a condo in her name only, but changes the title to joint tenants after she marries John. John may now be entitled to one-half the value of the condo.

How you title marital property is not critical. For example, the parties buy a car during the marriage with money earned during the marriage, but place the title in the husband’s name only. The car is still marital property.

Even when determining what is marital and what is separate is relatively easy, calculating the proper shares can be difficult. This is true for retirement accounts and pensions earned both prior to and during the marriage. Special Court orders may have to be drafted to accurately divide such assests.

Property division law in a divorce is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Mandatory Financial Disclosure

2009-02-17T09:56:00.000-08:00

The Marriage Zone: Mandatory Financial Disclosure
By Christopher C. Meyer
©July 2008

If you are thinking about getting a divorce or legal separation and you are concerned about whether the other party will provide you with financial information or how much information you’re going to have to provide to the other party, you must understand that Court rules require mandatory financial disclosure. As a practical matter, this means that you cannot hide or fail to disclose information regarding your financial situation.

Each party has an affirmative obligation to provide the other party with a sworn financial statement that includes all the information regarding your accounts and expenses. You also have an affirmative obligation to provide supporting information such as income documentation, tax returns, credit card statements, and bank and financial account information. “Affirmative obligation” means that you are required to provide the information without the other party having to ask for it. The Court will require that you exchange the mandatory financial disclosures prior to the initial status conference, that usually is scheduled within 40 days of the petition being filed.

You are under a continuing duty to supplement or amend your financial disclosures in a timely manner. If, for example, your income changes after you have provided your mandatory disclosures, you have to inform the other party of the change and provide documentation as well.

It is important to note that the parties are not limited to the information covered by the mandatory disclosure requirement. The parties are free to request additional information regarding the other party’s financial situation. For example, parties commonly request bank and financial account information covering years prior to filing the petition.

What happens if you fail to provide the mandatory financial disclosures? If you fail to provide the information and you have the ability to obtain it, the Court will impose appropriate sanctions. Don’t even think about trying to hide any assets. The other party will eventually discover it, your credibility will be irreparably damaged, and your case will suffer.

Remember that in the marriage zone, the rules require that the parties and the Court have the best financial information available in order that the parties and the Court can make the best decisions possible based on that information.

This article is for informational purposes and does not constitute legal advice concerning your case.

Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Joint Titles

2009-02-17T09:54:00.000-08:00

The Marriage Zone – Joint Titles

by
Christopher C. Meyer
 June 2008

If you are thinking about getting married or divorced, you may have questions about the importance of title to property. These questions usually involve real estate, vehicles, and financial accounts.

If you already own real estate, such as a home, and you are planning to get married, should you place the property in joint title with your new spouse? If you are going to stay married forever, it doesn’t matter much, but, keeping in mind that the divorce rate is around 50%, you might want to give serious consideration to this question. Welcome to the Marriage Zone!

In Colorado, if you change the title to real property that is titled in your sole name to a joint title after you are married, you have just given half the net equity in the property (market value minus any loans secured by the property) to your spouse. The only sure-fire way to avoid this is to have a valid agreement with your spouse saying that you are excluding the property from being marital property. If you acquire property during the marriage through your efforts, such as from money earned from your job, the title to the property is not important. For example, you and your spouse (you are married) save money you earn during the marriage and buy a home. You title the home in your name only. This does not mean that you get all the equity in the home in the event of divorce. It is marital property and will be distributed to you and your spouse in a divorce.

The preceding analysis applies equally to property that is not real estate. If you own a car in your sole name before marriage, but put it in a joint title after you are married, you have given half the net equity in the car to your spouse. If you buy a car during the marriage with money you earn during the marriage, but title the car in your sole name, the net equity will be distributed between you and your spouse in a divorce.

The same treatment will be given to mutual funds and other financial accounts. If you change your previously separately registered accounts to joint registration after your marriage, you have given your spouse half of the account value. If you keep the accounts separately registered, the pre-marriage basis in the account will not become marital property. If you open an account during the marriage with funds that you earned during the marriage, but title the account in your sole name, the account will be distributed between you and your wife in a divorce.

Good luck with your marriage, and be alert to the effects of title to property in the Marriage Zone.

This article is for informational purposes and does not constitute legal advice concerning your case.

Chris Meyer is an attorney practicing family law in Monument. His law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Debts in Divorce

2009-02-17T09:50:00.000-08:00

THE MARRIAGE ZONE

Debts In Divorce
By
Christopher C. Meyer, Esq.  May 2007

How are debts handled in a divorce? Debts are handled in the same manner as assets in terms of classification as separate or marital. If the debt is marital, it will be divided between the parties. If the debt is separate, it is the sole responsibility of one of the parties.

What happens if one of the parties fails to pay the portion of the marital debt they have been ordered to pay? There are two aspects to this problem.

From the creditor’s perspective, it does not matter that one of the parties has been ordered to pay. The creditor can still go after the other party for the whole marital debt. This is due to the contract clause of the United States Constitution. The contract clause prohibits states from “impairing the obligation of contracts.” From your perspective, you will be required to pay. This may seem unfair, but it’s the law!

If you get stuck having to pay what your former spouse was ordered to pay, you do have a remedy. You can go after your former spouse and make them pay. This process is called “indemnification”. However, you can’t get blood from a stone, and your credit rating can get clobbered. All you may wind up with is an uncollectible judgment against your former spouse. Welcome to the marriage zone!

A way to avoid the deadbeat former spouse (DFS) syndrome is to construct your settlement so that as much debt as possible is paid off from the marital assets. Another method is to have the other party refinance the debt to have you removed from it. This often happens with regard to mortgages on homes. Insurance should also be considered for security purposes if you are concerned that the other party won’t be around to make all the payments.

It pays to give some thought to protecting yourself from a deadbeat former spouse before you get divorced. The debt you rightfully thought was someone else’s responsibility can rise up and bite you.

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has a lot of divorce and family law information.

Do You Need A Lawyer?

2009-02-12T14:19:00.000-08:00

The Marriage Zone: Divorce - Do You Need a Lawyer?
By Christopher C. Meyer
© June 2008

Do you need a lawyer for your divorce? Many people do not use a lawyer. Some people cannot afford a lawyer. A simple analogy may help to determine whether or not to hire a lawyer.

Let’s assume that you have been in business partnership with another person for 15 years. Over time you gradually have become dissatisfied with the other person’s participation in the business. You want to sever your ties and carry on business on your own. Business has been fairly good during your partnership and the business has accumulated significant assets as well as some liabilities. At the time you entered into the partnership there was no agreement about what would happen when the partners decided to part ways. Do you feel confident that you can get your fair share of the business and eliminate any unnecessary liabilities without the assistance of an attorney? Are you confident that your partner will treat you with absolute fairness and provide you with all the information you need to make the best possible decisions? These issues are very similar to the issues you will encounter in a divorce.

If you have been married for a significant length of time, your divorce will be one of the biggest, if not the biggest, business transaction that you will ever be involved in. If you do not understand the divorce laws regarding the division of assets and liabilities, including complex assets such as pensions and retirement accounts, you may shortchange yourself. If you do not understand the laws regarding spousal support (alimony), you may get much less than you are entitled to. If you do not understand the divorce laws regarding child custody and child support, you may adversely impact your children’s lives. Do you understand the tax ramifications of all these aspects of a divorce? Divorces, just like business transactions, have tax consequences.

Do complex transactions involving big financial decisions and family responsibilities make you anxious? If you hire a lawyer, the lawyer should be able to shoulder most of the load and increase your confidence level that you are doing the right thing for you and your family.

A divorce proceeding is paperwork intensive. Do you enjoy doing paperwork? Do you prepare your own income taxes? Do you enjoy having externally created deadlines? A family law attorney handles divorces on a regular basis, and can handle all the paperwork for you.

Depending on your responses to these questions, you may want seriously to consider hiring a lawyer to help you with your divorce. If you already have a relationship with a lawyer, talk to her or him about it. There are many good family law attorneys to choose from.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Military Divorce

2009-02-12T14:16:00.000-08:00

The Marriage Zone: Military Divorce
By
Christopher C. Meyer
 February 2008

There are so many people in the military in our area that divorces involving military personnel are commonplace. There is a popular misconception that divorces involving military personnel are different from civilian divorces. In fact, the differences between military divorces and civilian divorces are not very significant.

If you are in the military, and if you and your spouse have lived in Colorado for more than 90 days and your children have been here for more than six months, a Colorado court can divide your property and debts, determine whether maintenance (alimony) is appropriate, and make all decisions regarding parental responsibilities (parental decision-making and parenting time).

Military pensions are divided much the same as civilian pensions. There is another popular misconception that unless the spouse of the military service person has been married to the service person for at least ten years, the non-military spouse cannot receive part of the service person’s pension. Ten years is significant only in that the military will not pay part of the pension to the non-military spouse unless the ten-year requirement is met. This means is that if the marriage is less than ten years, the Court will order the service person to pay part of the retirement directly to the non-military spouse, rather than the military itself making the payment.

Some people in the military believe that they can convert part of their pension to disability and avoid paying part of the disability to the non-military spouse, thereby reducing the total amount the non-military spouse gets. It is correct that the Court cannot divide the disability. However, the Court can adjust the division of the pension or adjust the maintenance or property award to make up for the difference, so that the total amount awarded to the non-military spouse is not diminished by the disability.

If you are legally separated from a military spouse, you are still eligible for the same benefits you enjoy if you are married. This scenario is an example of a good reason to look into a legal separation in Colorado, rather than getting a divorce. If you have been married to a person in the military for twenty years while the military spouse has been active service for twenty years, you retain your military benefits such as health insurance, etc., even if you get a divorce.

Good luck with your military divorce or legal separation as you leave the marriage zone, and don’t believe all that you hear about additional complications.

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Modification Of Maintenance Awards

2009-02-12T14:14:00.000-08:00

The Marriage Zone: Modification of Maintenance Awards
By Christopher C. Meyer
© March 2008

After a few years have passed from the time of an original maintenance (alimony) award, questions often come up about whether the maintenance award can be modified. Modifying a maintenance award is not a simple matter. An important thing to keep in mind is that judgments, including divorce decrees and maintenance awards, are intended to be final and to provide a firm basis for the parties to be able to plan and predict their future activities. Courts don’t modify judgments unless there is an extremely good reason to do so.

Colorado statutes provide that a maintenance award can be modified if there are changed circumstances so substantial and continuing as to make the original terms of the award unfair. Please note that there are four basic requirements: changed circumstances; substantial change in circumstances; continuing change in circumstances; and the change must make the original terms unfair. A brief examination of each requirement can be helpful.

The requirement of a change from the circumstances existing at the time of the original award is often overlooked. The critical question is what is different now than it was at the time of the original award? If the only change is the passage of time, this not a change in circumstances that will provide a basis for modification. For example, an original award for maintenance is for three years. Three years have now passed and the ex-spouse receiving the maintenance can no longer afford to live in her house without continuing to receive the maintenance. There is no change in circumstances in this scenario and the maintenance award will not be modified.

Is there a substantial change in circumstances? Courts don’t care about minor changes in circumstances. What constitutes a “substantial change” cannot be precisely defined. However, the bigger the change in circumstances, the more likely the court will grant a modification.

Is there a continuing change in circumstances? If the change in circumstances is temporary, it won’t qualify. For example, if you work for commissions and business has been slow, the court may assume that your commissions will return to their average level and not grant you any relief.

Does the change in circumstances make the original terms of the maintenance award unfair? You can have a significant change in numbers that does not make the original terms of the maintenance award unfair. However, for example, if you become physically disabled and can now only work at a job that pays you half as much as you were getting at the time of the award, a court might think that this change in circumstances rendered the terms of the original award unfair.

Good luck with your maintenance modification, but give it some hard thought before you file, or you could be wasting your time. Also keep in mind that filing for a maintenance modification can be like poking a hornets’ nest with a stick. You may get a lot more excitement then you anticipated.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Child Support Modification

2009-02-12T14:08:00.000-08:00

The Marriage Zone: Child Support Modification
By Christopher C. Meyer
©March 2008

Child support can always be modified if certain conditions are met. This is the case whether child support is initially determined by a Court, or by agreement of the parties. This article assumes that all the parties and the children are living in Colorado, and that the current child support order was made by a Colorado Court. If your child support order was made by a Court in another state, a Colorado Court may not be able to change the order.

In order for child support to be modified, there must be a “substantial and continuing change in circumstances”. A substantial change is defined as a change of more then 10% of the current amount. For example, if the amount of the current order is $100 per month, to qualify, the change has to result in an increase or decrease of at least $10.

The change in circumstances must also be continuing. If you are temporarily laid off, you probably won’t be able to get your child support modified, because there is a good chance you will be going back to work soon.

The type of change that usually results in a modification involves a change in the incomes of the parties. If the change in the incomes of one or both of the parties will result in more than a 10% change in the amount of the child support, the amount will be modified. Another typical circumstance often resulting in a modification involves emancipation of one of the children. For child support purposes, “emancipation” means that a child has turned 19 years of age, or has become self-supporting.

Child support calculations are income driven. An increase in your expenses does not mean you are going to be eligible for a modification. For example, if your income does not change, and you buy a bigger house with a bigger monthly mortgage, it does not mean you are going to be eligible to have your child support modified, even though your disposable income has significantly decreased.

If you are eligible for a child support modification, it pays to act swiftly. The modification will be made retroactive only to the date your motion to modify is filed, and not earlier.

Good luck with your child support modification, and remember to get your motion filed promptly.

This article is for informational purposes and does not constitute legal advice concerning your case.

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

Planning For Divorce

2009-02-12T13:45:00.000-08:00

The Marriage Zone – Planning For Divorce

by
Christopher C. Meyer
 June 2007

What should you do when you have exhausted all alternatives, such as counseling, and despite your best efforts, you are headed for divorce? What preparations are advisable when you are getting ready to leave the marriage zone and head out for the single life?

In terms of preparation, it is useful to think ahead and to imagine what your life will be like once you are divorced. For example, as a single person, you will need to have credit in your name. You might as well get started on getting credit solely in your name. You also want to get rid of joint credit with your spouse. This is especially true if you are a victim of DSS (Deadbeat Spouse Syndrome). So download your credit report and get to work: get rid of unnecessary credit cards; close as many joint accounts as you can, including bank accounts. The ideal divorce results in no joint debt or joint accounts after the divorce. You don’t want your ex-spouse to be able to mess up your credit after the divorce.

If you are unemployed or underemployed, the odds are you are going to have to contribute to your support - so get going! Take an inventory of your skills, think about what you enjoy doing, and explore the job market. The most effective method of job hunting is networking; let folks know you are looking for work. Judges are hardworking, self-made people. They appreciate folks who are trying to make it on their own.

Put off any big financial moves, like buying a house. Try to keep things simple. Remember that you will have to undo joint properties and debt in the divorce. Beware of incurring additional debt. If you need a car, don’t get one that includes a lot of debt. If you want to keep the car after the divorce, you are going to get the debt that is associated with it.

Keep in mind that there are certain actions you can take before the divorce is filed that are subject to an automatic temporary injunction after the case is filed. For example, after the divorce is filed, your ability to transfer or dispose of marital property is restricted, except in the usual course of business or for the necessities of life, unless you get your spouse’s consent or a Court order. The same is true for taking your minor child out of the state.

If divorce is unavoidable, be prepared, and good luck with your new single life as you leave the marriage zone!

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

CommonLaw Marriage

2009-02-12T13:40:00.000-08:00

THE MARRIAGE ZONE: COMMON LAW MARRIAGE

By Christopher C. Meyer  May 2008

Are you married, or are you just living together? In Colorado you can be married without ever participating in a marriage ceremony. Colorado is one of a minority of states that recognizes common law marriage.

What is “common law marriage”? A common law marriage requires no ceremony or license. The other type of marriage is a “ceremonial marriage” and requires a license and a solemnization or ceremony. A common law marriage requires only that the couple cohabit, believe that they are married, and hold themselves out to the community as being married. The third requirement involves things like introducing yourselves to others as being married, listings as Mr. and Mrs. with the Post Office, filing taxes as married and so on.

“Common Law” refers to court decisions rather than “statute law” that is created by legislative bodies. In Colorado “common law” also refers to the common law of England (including some English statutes) existing prior to the year 1688. As provided by the Colorado Constitution, this English common law is also the law in Colorado, unless it has been changed by the Colorado Legislature. Since common law marriage was recognized in England prior to 1688, it is recognized in Colorado. The Colorado Legislature could eliminate common law marriage, but has chosen not to. It is interesting to note that the total estimated population of the American colonies in 1680 was 151,507 people, a little more than the total population of Lakewood Colorado in the year 2000. Things were a lot different in 1688 than they are now.

Whether a Court will decide that you have a common law marriage will depend on the specific facts of your situation. It is unlikely that any one particular fact will be determinative. A Court will base its decision on all the facts. Listing your significant other as your spouse for insurance benefits or for tax purposes can be significant. But if the couple don’t consider themselves to be married and don’t hold themselves out to the community as being married, it is unlikely that a Court will decide they have a common law marriage. However, saying you are married in order to get health insurance coverage from your significant other or in order to save money on your taxes can lead to major credibility problems with a Judge when you later try to explain that you didn’t really mean that you were married. Needless to say, this can also lead to fraud problems with insurers and the tax authorities.

If you have a common law marriage, the legal ramifications are the same as a ceremonial marriage. The laws pertaining to divorce, support, child custody, property division, and bigamy are the same for common law marriages as they are for ceremonial marriages. There is no “common law divorce”. If you have a common law marriage and you want a divorce, you have to get it done the same way as the folks who have a ceremonial marriage.

The law pertaining to common law marriage is the same as other law. You must remember that: you may not understand it; you may not like it; and you may not think its fair; but it’s the law!

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.

The Marriage Zone: Grandparents Rights

2008-09-22T10:17:00.000-07:00

Everyone appreciates and respects what grandparents do for their grandchildren. There are a significant number of grandparents who are parenting their grandchildren. It is regrettable that so many parents have abdicated their role, but we are all fortunate that there are grandparents who are willing and able to take over. All of the grandparents that I am familiar with who are raising their grandchildren would rather be grandparents then parents. They are taking on the parental role until the parents are willing and able to assume their parental responsibilities.

Whenever the government becomes involved in children’s lives and custody is an issue, grandparents are an obvious choice as caregivers. Whenever there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to a child, the grandparents of that child may request an order granting reasonable visitation time. The court will determine if such visitation is in the child’s best interests.

Under certain circumstances, grandparents may file a petition requesting that they be allocated parental responsibilities with regard to a grandchild. These cases involve situations when the grandparents have had physical custody of the child for an extended period of time, or when the case is commenced when the grandchild is not in the physical care of one of the child’s parents. The court may also permit grandparents to intervene in a case involving the allocation of parental responsibilities with regard to a grandchild. In all these circumstances, a court will evaluate the grandparents’ fitness as caregivers as well as the child best interests.

In situations where one or both of the parents are fit and able to carry on their parental responsibilities, grandparents have no rights with regard to the grandchildren where there is not or has not been any child custody case involving the grandchild. In the United States Supreme Court case of Troxel v. Granville (2000), the Court stated that parents have a fundamental liberty interest in the care, custody and control of their children. The Court went on to state that if a parent is a fit parent, the government will normally not interfere in a parent’s decision-making process with regard to their child. This means that courts will not get involved in disputes between fit parents and grandparents with regard to grandparent visitation. As a practical matter, this ruling should not impact grandparents to a great extent because adult children usually get along fairly well with their parents and realize that it is in their children’s best interest to have a good relationship with the grandparents. Most parents appreciate the important role the grandparent’s play in their grandchildren’s lives.

If you are a grandparent raising your grandchildren, the community appreciates and applauds your efforts.

It's the Law:Domestic Violence

2008-09-22T10:14:00.000-07:00

Domestic violence is a very serious problem. It affects us all. It is especially bad for children. Domestic violence situations can often arise in the context of a divorce, separation or child custody situation. Very serious laws have been enacted to punish and to prevent domestic violence.

What is “domestic violence”? It is any act or threatened act of violence directed toward someone you are related to or have a relationship with. This covers a lot of ground and can include some seemingly insignificant acts. If you touch somebody intentionally (not accidentally) in the context of a domestic dispute, you can be subject to some serious legal consequences. Lightly pushing someone or shaking their chair are examples of behavior that can get you arrested.

If you are involved in an argument and tempers are rising, and you can’t reduce the level of conflict by reasonable means, say “no” to domestic violence – leave, and don’t slam the door on the way out! Don’t put yourself at risk. The consequences of domestic violence can be devastating, even where then is absolutely no physical injury involved.

If a 911 caller alleges domestic violence, someone is going to get arrested. Incidentally, a 911 hang up is treated the same as if the call was completed. If you interfere with someone who is trying to call 911 – congratulations, you have just committed a felony!

If you are arrested for domestic violence, the prosecutor can’t drop the charges, or plea bargain for a charge that does not include domestic violence. Unless you want to enter a plea of anything other than “not guilty”, your only recourse is to go to trial and hope that a jury will find that the prosecutor has not proved the case against you.

Once you are convicted of domestic violence, you can say “goodbye” to work that involves taking care of other human beings, such as anything related to medicine or education.

Domestic violence laws apply equally to men and to women. Even if you are a woman who has been chronically subjected to physical, emotional, and psychological abuse, if you lose your temper and push back, you could be arrested and have to deal with the stigma of a domestic violence conviction for the rest of our life.

So, just say ”no” – leave, avoid a conflict. It’s not only the smart thing to do, it’s the law! You may not like it. You may not understand it. You may not think it’s fair, but it’s the law!

Protecting Your Credit

2008-08-01T13:44:00.000-07:00

If you are planning to get a divorce or you are already involved in the divorce process, it is important to protect your credit from potential damage by your spouse. For example, if you have joint accounts, your spouse may be able to damage your credit even if he or she is ordered by the court to assume sole responsibility for the account.

What happens if a court orders one of the parties to be solely responsible for a joint credit account and that party defaults? The creditor is going to come after the other party, even though the court has ordered the first party to pay. How can this be? The contract clause of the United States Constitution prevents courts from interfering with contractual obligations. Credit is a contractual obligation between the creditor and the debtor (you). If you have a joint account with your spouse, and your spouse defaults on a court-ordered credit obligation, the creditor will look to you to pay, and your credit rating will suffer. A bankruptcy court is the only court that can affect your contractual relationship with a creditor.

Since you may be stuck paying for a joint debt, it makes sense to try to avoid placing yourself at such risk. If you are planning for a divorce, get all your joint credit accounts changed into separate accounts, you will need your spouse’s permission to do this. If you are already involved in the divorce process, eliminate as much of the joint debt as you can.

The same is true for joint bank accounts. If your spouse overdraws on a joint account, guess who the bank will expect to pay the overage – you!

Once you are divorced, you will be a single person. You will want to be able to the only person responsible for your credit rating. It pays to take the necessary steps to put yourself in control.

Good luck to you as you leave the marriage zone, and remember to get rid of those joint accounts!

The Basics of Property Division in Divorce

2008-08-01T13:29:00.000-07:00

In Colorado marital property is divided in a divorce or legal separation by means of “Equitable Distribution”. “Equitable” does not necessarily mean “Equal”, but for most purposes, and absent unusual circumstances, it is useful to assume that marital property will be divided 50/50 between the parties.

The question then becomes what is the “marital property” to be divided. Marital property is all property acquired during the marriage such as the parties’ earnings and things acquired with such earnings. However, inheritances and certain gifts acquired during the marriage are not considered marital.

“Separate property” is property acquired prior to the marriage, or inheritance or certain gifts acquired during the marriage. The Court has no power to divide separate property. However, any appreciation of separate property during the marriage is marital.

Here is a simple example. A married couple save some earnings during the marriage and buy a house. The parties pay the mortgage with the husband’s earnings. The wife receives an inheritance during the marriage and is careful to maintain this bequest in a separate mutual fund account in her name only. The equity in the house is marital, as is any appreciation included in that equity. The amount of the bequest to the wife is her separate property, but any appreciation of the account is marital.

In most instances, determining what is marital and what is separate property is not difficult. However, the analysis can become complicated in some situations, especially regarding changes to title to real property during the marriage. If you own separate real property titled in your name only but change the title to joint tenants during the marriage (a common occurrence), you may have gifted one half the value of the property to your spouse. For example, Mary owns a condo in her name only, but changes the title to joint tenants after she marries John. John may now be entitled to one-half the value of the condo.

How you title marital property is not critical. For example, the parties buy a car during the marriage with money earned during the marriage, but place the title in the husband’s name only. The car is still marital property.

Even when determining what is marital and what is separate is relatively easy, calculating the proper shares can be difficult. This is true for retirement accounts and pensions earned both prior to and during the marriage. Special Court orders may have to be drafted to accurately divide such assests.

Property division law in a divorce is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but It’s the Law!

No-Fault Divorce

2008-07-18T11:49:00.000-07:00

Did you know that Colorado is a “no-fault” divorce state? All this means is that, in order to get a divorce in Colorado, you do not have to prove that anyone was at fault or that anyone did anything to damage the marriage. To get the divorce, one spouse has to be able to say that the marriage is “irretrievably broken”. There are three reasons for having no-fault divorce: to promote the amicable settlement of disputes that have arisen between the parties to a marriage; to lessen the potential harm to the spouses and their children that can be caused by the legal system in obtaining the divorce; and streamline the legal system for dealing with the realities of marriage and obtaining a divorce.

Because Colorado is a no-fault divorce state, it does not mean that fault does not have any role to play in a divorce case. For example, a couple may wind up getting a divorce because of the infidelity of one of the spouses. That spouse’s infidelity is not going to impact the proceeding in a no-fault jurisdiction like Colorado. However, if the unfaithful spouse had the bad taste and judgement to spend marital funds in the pursuit of his/her extramarital affair, such funds would have to be accounted for in the divorce case. This means that the unfaithful spouse would have to pay for expenditures out of his/her share of the proceeds of the marriage.

Another example of bad behavior (fault) that can play a role in a divorce case is domestic violence. Domestic violence will be taken into account with regard to matters such as child custody that involves the fitness of the parent. So keep in mind that “no-fault” in the marriage zone simplifies the process of getting a divorce. It does not mean that bad behavior will have no impact on the case. As a purely practical matter, a divorced person should be able to view exactly where the fault was that caused the demise of his/her marriage.

The Marriage Zone: Mediation

2008-07-11T15:23:00.000-07:00

Mediation plays an important role in most family law cases. If you and your spouse cannot agree on all the issues in your case, the court will require that you attend a mediation before you can have the court decide the issues in your case after a hearing. It is important to know what mediation is and what it can do for you.

Mediation is a process involving an objected third-party who attempts to help the parties reach a voluntary resolution of their issues. The mediator’s only agenda is to try to settle the case. Mediation is not arbitration. Arbitration is a process that involves an objective third-party who actually decides the issues between the parties.

It must be emphasized that mediation is a voluntary process. While the court may order you to attend a mediation, it is up to you whether or not you are willing to reach a settlement or partial settlement at the mediation. Mediation works. This is why the courts require it before they are willing to hear your case. You may wonder why a mediator is ever required if both parties are represented by attorneys. The mediator can still be invaluable in providing a different perspective. Sometimes, a party needs to hear the hard facts from someone other that his/her attorney. There is also a hybrid process called mediation/arbitration (med/arb). A med/arb starts out exactly like a mediation. However, if the parties can’t reach a complete settlement as to all their issues at the end of the mediation, the mediator switches gears and becomes an arbitrator and makes a decision as to any remaining issues. The med/arb model is becoming more popular. A med/arb will typically involve significantly less litigation costs than a regular hearing before a judge.

In the “Marriage Zone”, mediation is your friend. In a family law case, both parties are usually more satisfied with a settlement that they have mutually arrived at compared with a ruling imposed by a court.

Divorce in Colorado -How Long Does It Take?

2008-07-03T09:32:00.000-07:00

When I speak to someone for the first time who is interested in getting a divorce or a legal separation, one of the first questions they ask is: How long will it take? The theoretical shortest amount of time it will take to get your divorce or legal separation is 91 days from the time your case is filed with the Court. Colorado Legislature has passed a law that requires the judges to wait 90 days after the case is filed before they can issue your divorce decree or decree of legal separation. There are no exceptions to this rule. There is no way around this rule. It is human nature that after someone makes the difficult decision that he or she wants to get a divorce or a legal separation, he or she then wants the desired results to occur as soon as possible.

I do not know the exact reason for the 90 day waiting period. However, I can speculate that the Legislature felt it was wise to provide a waiting period to prevent people from making hasty decisions regarding such serious arrangements as a marriage.

How long your case will take depends upon you and your spouse. If you and your spouse cooperate and agree as to all the financial and parenting aspects of the case, your case may only take 91 days until the decree is entered. The more assets and debt that you have and the more complicated your financial arrangements are, the likelihood is that your case will take longer to resolve, because assembling all the information and getting all the expert input is likely to take longer than 90 days.

It is important to remember that anything that you and your spouse don’t agree on, the judge will ultimately have to decide at a hearing. Judges are very busy, and getting time for a hearing will usually place you well past the 90 day waiting period. Absent unusual circumstances, your divorce or legal separation, however complicated, should not take more than a year to complete.

If you want your case completed as soon as possible after the 90 day waiting period has expired, you need to be organized, and be willing to cooperate with the other party. It's the Law - there is just no getting around the 90 day waiting period.

It’s the Law! Divorce and Legal Separation

2008-06-24T08:58:00.000-07:00

In Colorado, folks who are married and decide to no longer be together have three choices: separation, legal separation, and divorce.
In a simple separation, the parties go their separate ways with or without a written separation agreement. They are still married. They can’t get married again until they are divorced. They are still subject to the laws of marital property. Absent a well-crafted separation agreement, any income they receive during the separation will be considered marital property and will be split accordingly in any subsequent court action for divorce or legal separation. There are exceptions to this rule that are beyond the scope of this article. The assumption that “whatever is yours is yours” if you get it during a simple separation, could be disastrous.

A “legal separation” involves a court proceeding and a court order. In fact, a legal separation involves almost the same legal principles and paperwork as a divorce. Division of property, maintenance (alimony), child support, and parenting time (visitation) will be addressed in the Court’s order. Six months after the judge enters the order of legal separation, either party may file a motion requesting that the legal separation be turned into a divorce. The motion will be automatically granted. If neither party wants a divorce, the legal separation can proceed indefinitely. If you have a legal separation, you are still married. You can’t get married again until you are divorced.

There can be some benefit to a legal separation as opposed to a divorce. For example, a spouse may be able to stay covered on the other spouse’s health insurance policy. If you are legally separated, the marital property laws no longer affect you. The income you receive during a legal separation really is yours.

Divorce (dissolution of marriage) is the most popular choice when folks part ways. The couple’s financial issues and parenting issues are resolved, the parties are free to remarry, and the parties are no longer affected by the marital property laws.

Remember, you may not understand the law, you may not like it, and you may not think its fair, but it’s the law!

Anatomy of a Divorce Case 2

2008-06-20T16:34:00.002-07:00

This article continues the overview of a typical divorce case. The case has been filed, and the respondent has been served with the summons and a copy of the petition. A response to the petition has been filed, and an initial status conference has been held.

The parties have 40 days after the filing of the petition to prepare and exchange financial information such as financial affidavits, pay stubs, and tax returns.

The parties may request a temporary orders hearing. Temporary orders may be necessary if the parties cannot agree on how to handle matters pending the resolution (final orders) of the case. The Court may require the parties to try to settle their temporary differences before it will grant a temporary orders hearing. Most cases do not require a temporary orders hearing.

If the parties are in total agreement on all matters, the case can now proceed to final orders. However, the Court must wait 90 days from the filing of the petition and service on the respondent before it can issue final orders.

If the parties are not in total agreement, the Court will require the parties to mediate their dispute before the Court will hold a trial to settle any differences. Mediation is a process where a trained third party attempts to help the parties settle their differences. It is a voluntary process. The mediator does not make decisions for the parties. The parties make their own decisions.

Most cases settle. The parties reach an agreement on all the issues. Whatever the parties cannot agree on, the Court will decide at the trial (the final orders hearing). The final orders hearing is held by the Court without a jury. However, all the rules of court regarding trials apply (rules of evidence, etc.).

Before the Court will issue the final orders, whether the parties have settled or a trial was held, the parties must have filed financial affidavits and a certificate stating that the parties have provided mandatory disclosure of their finances. If children are involved, the parties must have attended the parenting class and provided the court with a proposed parenting plan.

The procedure you must follow to get a divorce is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!

Anatomy of a Divorce Case I

2008-06-20T16:21:00.000-07:00

This article presents an overview of the structure of a typical divorce case in Colorado. It provides a general summary of the different steps involved in the Court process. Your case may be different depending on various factors such as whether the parties are represented by lawyers.

A divorce case is a lawsuit similar to other lawsuits such as negligence arising from an automobile crash injury. However, instead of a plaintiff and a defendant, there is a petitioner and a respondent; and, instead of a complaint, there is a petition. The petition requests that the court enter an order, a decree, for divorce. The respondent files a response to the petition. The petitioner must be a resident of Colorado for not less than 90 days preceding the filing of the petition.

Once the petition is filed with the court, the court has jurisdiction (power) over the petitioner. Once the petition and a summons are served on the respondent, the court has jurisdiction over the respondent. The respondent can be served in three ways. The most common are personal service by a process server – a deputy or other process serve gives a copy of the summons and the petition, or the respondent signs a waiver and acceptance of service. If the respondent can’t be located, service by publication is the alternative.

Once the petition has been filed and the respondent has been served, the court cannot divorce you until a minimum of 90 days have passed. One the petition is filed and the respondent is served, an automatic injunction goes into effect that prevents the parties from doing things like taking the children out of state without the consent of the other party or an order of the court. The automatic injunction also prevents doing other things without the other party’s consent like transferring marital property or canceling health, auto, or life insurance.

So, your case has been filed and the other party has been served with the paperwork. You now have a court case. The next step is an initial status conference. The purpose of the initial status conference is for the court to take an active role in managing the case. Think of the initial status conference as the first hearing in your case. The Court will enter an order regarding things like future scheduling and the exchange of financial information between the parties.

The exchange of financial information between the parties is critical to the whole process. The law provides for mandatory disclosure. The idea is that the parties and the court can make the best decisions only if they have complete and accurate financial information. Don’t even think about withholding relevant financial information. If you are dishonest, your credibility will be lost and you may be subject to other sanctions.