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In Parocha v Parocha, 2018 CO 41, the Colorado Supreme Court considered whether a trial court has jurisdiction to issue a civil protection order (aka "restraining order") against a non-resident who was harassing a Colorado resident.

On February 26, 2018, the Supreme Court of the United States denied certiorari review from the Supreme Court of the State of Arizona’s case of McLaughlin v. McLaughlin. This denial leaves in place the Arizona’s Supreme Court ruling that the marital paternity presumption of parentage must be in line with the Fourteenth Amendment’s equal protection of the law. This denial is in line with the Unites States Supreme Court precedent established under Obergefell v.

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In a seminal case, the Colorado Court of Appeals has held that laches is a defense to maintenance arrears. In re: Marriage of Kann, 2017 COA 94. For non-lawyers, "laches" means that despite having a legal obligation to pay, the delay in enforcing payment has prejudiced the other side, so it is no longer fair, or "equitable" to enforce payment in a particular case.

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Recent news articles about a new Alaska law providing for pet custody make this a timely subject - what happens to the family dog when you divorce?

The majority rule in the U.S., including Colorado, is that pets are property, so courts will award them to one spouse or another, and not come up with pet custody schedules.

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The Colorado Assembly has made the most significant set of changes to the child support statutes in several years, and these changes came into effect on January 1, 2017.

Retroactive Modification of Support

When the parents have agreed to a voluntary change in custody, C.R.S. 14-10-122(5) provides that trial courts may modify child support retroactive to the date of the change. Note use of the term “may” - the court has discretion whether to make the support change retroactive at all, and if so, how far back to go.

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Have a CO divorce or custody case? Black & Graham can help.

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