Changing Support or Visitation
Action-Oriented Family Lawyers in Colorado Springs and Pueblo
Life is full of challenges, and being divorced can make dealing with some problems even more intimidating. If something important has changed in your life, or you know of a major change affecting your ex-spouse or children, you may be able to obtain a modification of orders changing the current support or visitation order in your divorce case. Our Colorado Springs, Colorado, law firm is also a good resource for child support enforcement.
Postdivorce Legal Counsel When You Need It Most
Are you struggling to pay child support due to a job loss or other change in circumstances — or going without necessities because your ex-spouse is not paying court-ordered child support? Are you a noncustodial parent worried about your children due to suspected domestic violence or other serious problems in your ex-spouse’s home?
These situations call for immediate action, and our experienced family law attorneys will hear you out and carefully explain your legal options and likelihood of success.
Child Support Enforcement or Modification — Changing Visitation or Custody
In our decades of practice throughout Colorado, including El Paso, Pueblo, Freemont, Elbert and Teller County, we have helped men and women resolve stressful problems by:
- Obtaining a child custody modification or change in visitation orders to protect and serve the best interests of children
- Petitioning for a modification of child support or spousal maintenance/alimony based on a significant change in financial circumstances for either party
- Providing sound legal counsel in matters of child support enforcement, whether our client needs to compel an ex-spouse to pay or deal with a notice of child support enforcement actions against him or her
Prompt, decisive action can be critical!Call us today for a FREE consultation
Child Custody & Visitation
Colorado Springs and Pueblo, Colorado, Child Custody Lawyers
Arriving at a child custody and visitation arrangement that everyone accepts is often the most difficult aspect of a divorce. The attorneys and staff at our family law firm will empathize with your need to cope with major life changes and make far-reaching decisions. Please contact us for strong counsel and representation in your divorce with minor children, beginning with a free initial consultation.
Valuing Both Mothers’ and Fathers’ Parental Rights
We understand how important it is for you to protect, care for, and be actively involved with your children. Our attorneys have practiced in courts across Colorado for many years, maintaining a firm grasp of how divorce and child custody laws are applied. We help parents with a range of goals, including:
- Pursuing primary custody, with the other parent granted specific visitation rights and ordered to pay child support
- Advocating for joint or sole legal custody, protecting your right to provide input on major decisions about your children’s education, health care and activities
- Negotiating a shared custody arrangement, which requires demonstrating that you and your ex-spouse can cooperate effectively
- Working out a beneficial visitation schedule
- Ensuring your concerns about the well-being of your children are taken into account if domestic violence or other serious problems are involved
Financially Conscious Attorneys for Your Child Custody Matter
Colorado law does not grant preference to either parent in custody matters. But it remains common for mothers to assume greater child-rearing responsibilities in many families, especially for young children — and this may be a factor in your case. You can rely on our experience to help you form realistic expectations and a plan of action.
Legal costs and fees can accumulate quickly in a child custody dispute. Many judges rely heavily on a guardian ad litem assigned to gather information and advocate for your children. In some cases, investigators, counselors and other professional resources may also be involved and must be compensated. At Kinnaird & Kinnaird, P.C., we will help you gauge your likelihood of success and potential costs for pursuing the outcome you want.
– Here to understand and protect your rights in a child custody matter –
Child Support & Maintenance (Alimony)
Protecting Your Child Support and Maintenance Rights
Most people facing divorce give some thought to what will happen financially, but the full impact can be hard to assess. Costs associated with maintaining separate households are substantial, and tax consequences may also be overlooked. You may need to consider the possibility of bankruptcy.
Dealing with a divorce “pro se” — that is, without a lawyer representing you — can be a serious financial risk. One of the most important services our Colorado Springs, Colorado, law firm provides in a free initial consultation is to help you understand potential financial obligations you face including child support and spousal maintenance, still commonly called alimony.
Understanding Child Support Guidelines and Exceptions
In almost all cases, a noncustodial parent will be ordered to pay child support. This is an enforceable order with stiff consequences for failure to pay. It is possible to petition for a change in your support order if your circumstances later change substantially, but it is critical to protect your interests while negotiating or litigating your divorce.
The monthly payment amount is calculated based on both parents’ incomes and the number of children. But every family situation is unique, and there are many possible justifications for adjustments. Important factors can include:
- Accurately assessing income for a parent who is self-employed or earns substantial income from other “non-W2” sources
- Properly considering the specific child custody arrangement — including the number of overnights children will spend with each parent
- Fairly accounting for the expenses associated with any child’s special needs
Considerations for Awards of Spousal Maintenance (Alimony)
Laws covering spousal maintenance, formerly known as alimony, are less specific. The length of your marriage will be a consideration, along with each spouse’s needs and ability to pay. Generally speaking, a marriage must have lasted 15 years for lifetime spousal maintenance to be considered. In other cases, payments are intended to allow the supported spouse time to become self-supporting. Temporary maintenance, different from permanent maintenance, may be ordered automatically, as a result of a new statute.
– We can guide you through every phase of a contested divorce action –
Common Law Marriage & Divorce
Colorado Springs and Pueblo, Colorado, Area Family Law Attorneys
Under Colorado law, it is possible to be married without ever having a ceremony or obtaining a formal license. Colorado law recognizes common law marriage, and our courts preside over divorces when these relationships break up. Property division, custody, child support and maintenance are commonly disputed issues when this happens.
At Kinnaird & Kinnaird, P.C., our experience and in-depth knowledge of Colorado family law are key assets for people facing issues involving common law marriage and divorce. Please contact us for a free initial consultation at 719-520-0003 on your specific situation.
Will Colorado Courts Recognize a Common Law Marriage in Your Case?
It is important to recognize that how long your relationship lasted is not a determining factor in whether a judge or court will recognize your common law marriage. Like any other marriage, such a union could last one month or 30 years.
Having lived together is a requirement, but it does not matter how long you did so. Some of the factors a Colorado court will consider are:
- Did you hold yourself out to the public and to witnesses, such as friends and neighbors, as married?
- Did you file joint tax returns or share a health insurance policy naming your partner as your spouse?
- Did you sign an Affidavit of Common Law Marriage or similar document, typically when applying for benefits enjoyed by married couples?
Navigating the Legal System and Delivering Honest, Trustworthy Counsel
Common law marriage and it’s dissolution is a complex area of the law. No one statute explains all the requirements or implications of common law marriage. Whether you wish to confirm or disclaim that you were married, our attorneys can help sort out the details and build your case.
We have substantial experience representing individuals in divorce proceedings after a common law marriageCall us today for a FREE consultation
Divorce (Military & Civilian)
Colorado Springs and Pueblo, Colorado, Divorce Lawyers
Divorce can become an issue at any age, for people in any circumstances. It can result from years of thought or a rapid series of events. Some people do not see it coming until they have the papers in their hands.
Our lawyers help men and women experiencing a range of emotions — from shock and anger to extreme sadness — handle legal problems effectively and move forward with as few regrets as possible. If you are facing or considering divorce, we encourage you to contact us at 719-520-0003 for a free initial consultation.
Can I Get a Divorce in Colorado?
Under Colorado divorce law, it is not necessary to prove “fault” — such as adultery, cruelty or substance abuse. The petition for dissolution of marriage can simply state that the marriage is irretrievably broken.
The basic requirements are that you must have lived in or be domiciled in Colorado for at least 90 days, and as part of your domicile you should have a Colorado driver’s license or ID, be registered to vote and potentially pay taxes in Colorado before you start your divorce. We have handled numerous military divorce cases and can advise you on special considerations.
Addressing All Your Family and Financial Concerns
Divorce can be quite straightforward for people who agree on how all issues will be resolved. You may be able to obtain an uncontested divorce. Much more often, some issues are disputed. Without an attorney, you may be at a major disadvantage on important issues from child custody to property division. In order to explain legal options and analyze potential outcomes, we will:
- Construct a complete picture of your finances — including home equity and other assets as well as debts
- Discuss the roles of both parties in caring for children, generating income and maintaining your household
- Arrive at a vision of what you want most for your future and how aggressively we will pursue those goals
When children, a home, retirement accounts, 401k’s or other factors are involved, it is essential to create a solid action plan. At Kinnaird & Kinnaird, P.C., we will assess your situation and negotiate assertively for you. If an agreement cannot be reached, you will have an experienced trial lawyer on your side.
– We are friendly, approachable people as well as attorneys with in-depth knowledge of family law –
Parents’ and Grandparents’ Rights
Proven Grandparents’ Rights Lawyer in Colorado Springs and Pueblo
When families break up, parents and other family members face a wide range of concerns over maintaining close relationships with children they love. Specifically, grandparents’ rights have been left undefined and unconsidered in many cases, with heart-wrenching results.
Whether you are a mother or father involved in a child custody dispute or a close relative seeking to gain and assert child visitation rights you feel are in a child’s best interest, you can contact us to discuss the situation and your legal options. Based in Colorado Springs, Colorado, our respected law firm has been handling complex family law issues since 1977..
Assessing Your Case and Likelihood of Success
In many states, courts are noncommittal or generally unfavorable on the subject of grandparents wishing to obtain legal child visitation rights. This can be a difficult, uphill battle. We strongly encourage grandparents to make their wishes clear to a son or daughter facing divorce and to combine visitation time as much as possible. This is the most practical and affordable way to assure continued contact with your grandchildren.
Every family law case is unique, however, and you may have encountered tragedy or misfortune that justifies grandparent visitation rights through the court system.
Experience and Diligence — All the Way to the Supreme Court
Our law firm, led by respected attorney Kenton D. Kinnaird, follows our mantra, “aggressive and experienced” in dealing with your parental rights or grandparent rights matter. While we absolutely support prioritizing the best interest of the child, we are adept at and diligent in making certain your rights and perspective are brought into view.
In fact, Kenton D. Kinnaird took a recent grandparents’ rights case through appeal and all the way to the Colorado Supreme Court. In this precedent-setting case, Mr. Kinnaird struck a blow for common sense and the value of family and heritage in children’s lives.
– Every family law case is unique and we can help –
Colorado Springs and Pueblo, Colorado, Family Law Attorneys
At Kinnaird & Kinnaird, P.C., we are well equipped to help you deal with property division issues in your divorce. From evaluating your overall financial situation to advocating for equitable treatment in your case, we will help you consider all important issues and form an action plan. Contact us today by calling 719-520-0003 to benefit from a free initial consultation.
Protecting Your Future Starts With Solid Information on Property Division
It is unwise to rely on friends’ divorce experiences or other hearsay in almost any family law matter. This can be especially true for property division, where a mistaken assumption about one major asset — or debt — can make a huge difference in the outcome.
Equitable Distribution of Retirement Accounts — Protection of Separate Property — Marital Debts and Liabilities
The legal standard in Colorado is equitable distribution of property, which means “fair,” not fifty-fifty or equal. Negotiation or litigation is often required to get your fair share. Some other critical things to know are:
- All property acquired during your marriage, including 401(k) accounts and other investments, will be subject to equitable distribution.
- Retaining property you brought into the marriage, or received as a personal gift or inheritance, may require forensic accounting or other challenging research.
- All marital debts are subject to division just as assets are, and they may be assigned to the spouse with a greater ability to pay. You have the option to file for bankruptcy. If you would like more information, you can visit our Website related to our bankruptcy practice.
- Having your name alone on the title or other proof of ownership for any property does not mean that property will not be divided.
We deliver honest counsel to help you make sound decisionsCall us today for a FREE consultation
Restraining Orders/Domestic Violence
Knowledge of Colorado Domestic Violence Laws
Few situations call more urgently for a calm, compassionate and knowledgeable lawyer than those involving domestic violence. If you are a victim of spousal abuse or your children are at risk, you must take assertive action to get a protective order. If you have been accused of domestic violence, underestimating the consequences can be a costly mistake.
Count on Us for Aggressive Advocacy
Our Colorado Springs, Colorado, attorneys will respond quickly to you on any issue involving a restraining order or domestic violence. We will listen without making judgments and apply decades of combined experience to form a clear plan for action on your behalf. Please contact us immediately for the legal help you need.
For good reasons, our courts and other institutions take allegations of domestic violence very seriously. We are very familiar with the procedures necessary to obtain restraining orders — and with the nuances of how allegations of domestic violence can affect a divorce.
If You Face False Allegations, Act Now to Protect Your Future
We also have experience in defending people against false allegations of domestic violence, including situations when one party is seeking leverage in a child custody/visitation dispute or other issues at stake in a divorce. It is critical to seek advice from a law firm with both family law and criminal defense experience because any or all of the following may be at stake for you:
- Your current job status — especially if you are a member of the military or a police officer — and your future ability to secure employment in teaching or many other fields
- Your Second Amendment right to possess firearms
- A previously clean criminal and public record
- The outcome of a divorce case, especially on issues of child custody and visitation
– Informed and straightforward domestic violence legal counsel –
Colorado Springs and Pueblo, Colorado, Divorce Attorneys
The idea of completing an amicable divorce quickly at minimum cost is attractive. Uncontested divorce is an option for some, and we will be happy to explain the procedure and our fees for handling your case.
Even when uncontested divorce is the answer for you, we believe strongly that you should consult a qualified family law attorney. There are several key advantages over attempting to handle this important matter on your own, whether online or through a legal “service center”:
- If complications arise and you face contested issues, you will have a legal resource who understands the basics of your case.
- You can be fully informed about legal rights you may be giving up and other issues you have not considered.
- You will have assurance that all legal procedures are followed correctly and your legal obligations are met.
Protecting Your Interests When Disputes Arise
Uncontested divorce is not as common as you might think. For example, we have seen many cases in which one parent believes the other will not contest child custody, only to be surprised by how aggressively he or she pursues it once the process begins.
Commitments made under emotional stress often do not hold up. With over 30 years of experience in Colorado courts, lawyer Kenton D. Kinnaird is well qualified to assess your specific situation.
In addition to custody and visitation, common sources of disagreement are property division and child support or alimony. Many divorce cases have become contested over an issue as seemingly minor as who will pay a single outstanding bill. As a dispute escalates, there may even be allegations or instances of domestic violence that affect your dissolution of marriage.
Balancing Cost and the Value of Defending Your Rights
We will support you in obtaining the most efficient, cost-effective divorce possible. But it is our obligation to emphasize to you that agreeing to let your divorcing spouse “set it all up” can involve major risk to your future well-being.
Divorce is a major step, even when both parties agree it should happen. To learn what you need to know about uncontested and contested divorce, please contact us for a free consultation at our offices in Colorado Springs, Colorado.
The divorce facts and counsel you need!Call us today for a FREE consultation