Blog

When Substance Abuse Causes Restrictions on Parenting Time

Daniel Noffsinger - Tuesday, October 27, 2015

Drug use affects families with children unlike any other group. If a parent is abusing alcohol or drugs it raises concern over whether that parent can adequately look after and care for a child. The issue is relevant in divorce cases, dependency and neglect matters, and cases involving the allocation of parental responsibilities. Drugs and alcohol have the ability to alter the mental state of the user. Parents are inconsistent with their ability to parent and are often more susceptible to abusing or neglecting their children.  READ MORE...

Are Garnished Spousal Maintenace Payments Collected Pursuant to a Judgment Tax Deductible?

Daniel Noffsinger - Sunday, July 26, 2015

When a couple divorces or separates, one partner will often have to pay the other partner alimony or spousal support payments. Under the Internal Revenue Code, these spousal maintenance payments are tax deductible if certain conditions are met. What if one partner obtains a court- ordered judgment to collect upon missed payments? Are payments made pursuant to a judgment still tax deductible? One Colorado ex-husband argued that they were, but the United States Tax Court held differently.  READ MORE...

New York Court Allows Woman To Serve Divorce Papers Through Facebook

Daniel Noffsinger - Sunday, July 12, 2015

Under the United States Constitution and state constitutions, individuals have a fundamental due process right to have notice of legal proceedings filed against them. This is known as service of process. Typically, service of process involves the delivery of a summons and complaint on the individual defendant. This is often done by personally serving someone with legal papers through a third party.  READ MORE...

Proposed Colorado Bill Would Give Equal Parenting Time For Divorced Couples

Daniel Noffsinger - Thursday, June 25, 2015

A bill has recently been introduced in the Colorado General Assembly that would significantly impact the parental rights of individuals going through a divorce. The bill, if passed, would place divorced parents on equal grounds with respect to determining parental rights in children. The purpose of the bill is to emphasize the fundamental liberty interest of both parents and children in maintaining the parent-child relationship.  READ MORE...

When Is An Unmarried Man Presumed to Be A Child’s Father?

Daniel Noffsinger - Thursday, May 07, 2015

Each year children across the United States are born to unmarried women. According to data from the U.S. Department of Health and Human Services, the birth rate for unmarried women in 2011 was 46 births per 1,000 unmarried women. This resulted in a little more than 1.6 million children born to women outside of marriage. When a child is born to a married couple, the legal rights with respect to the child are well defined. The situation, however, is not as clear when a child is born to unmarried parents.  READ MORE...

Colorado’s Divorce Rate Is At It's Lowest in a Decade

Daniel Noffsinger - Tuesday, April 07, 2015

Colorado is for lovers. Well, at least it has been for the past decade. A recent look at Colorado’s divorce rate of the last 10 years shows that the rate has dropped significantly over that time. Colorado Public Radio looked at divorce trends over the past years and found Colorado’s divorce rate in 2013 was at itslowest in a decade READ MORE...

Colorado Divorce Law 101: Understanding the Basics of Marital Property

Daniel Noffsinger - Tuesday, April 07, 2015

Marriage is a joyous event that involves the union of a couple and the joining of families. Married couples (at least most couples) do not enter into a marriage with the expectation that the marriage will end in divorce or dissolution. Unfortunately, the stark reality exists that a significant number of marriages end prematurely through divorce or dissolution. According to data from the United States census, the rate of divorce in 2009 throughout the United States was3.4 divorces per 1,000 people. The rate of divorce in Colorado during the same period was slightly higher at 4.2 divorces per 1,000 people.  READ MORE...

Colorado's New Uniform Premarital And Marital Agreements Act

Daniel Noffsinger - Friday, October 10, 2014

Last year, Colorado Governor John Hickenlooper signed the Uniform Premarital and Marital Agreements Act into law. The law, however, did not become effective until just recently on July 1, 2014.  READ MORE...

Colorado’s New Alimony Law For Divorcing Couples

Daniel Noffsinger - Wednesday, September 17, 2014

Divorce can be a stressful, emotional event for the husband and wife, as well as other family members. Divorce is a complicated process that requires the detailed attention and care of an experienced divorce attorney. During the divorce process, there are a variety of issues that need to be resolved, including alimony (now referred to as ‘spousal maintenance’), child support, distribution of marital property, child custody, and parental visitation rights. Separately, each of these issues involves a multitude of questions and concerns, which may further complicate or delay the divorce process.  READ MORE...

You Asked: How Much Of My Military Retirement Is My Spouse Entitled To?

Daniel Noffsinger - Saturday, June 14, 2014

Barracks lawyers. You know what I’m talking about. I was a barracks lawyer in a prior life. I literally stole a copy of the Uniform Code of Military Justice from the company office and walked around the barracks advising fellow soldiers of what their superiors “couldn’t do to them.” Turns out I was often wrong, but I think I got an A for effort.  READ MORE...