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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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As the holidays are quickly approaching, this is a good time to think about parenting time. Whether this is your first holiday season dividing parenting time or you are a pro, you can enhance the chances of fond holiday memories by making sure you and your family have a good plan in place. 
 

Last Wednesday the Governor of Colorado signed into law Senate Bill 16-150. This bill closes a gap between civil unions and marriage. The bills clarifies that parties to a civil union are eligible to marry one another, without first having to dissolve their civil union. The period of time that the parties are involved in their civil union merges with the time of the subsequent marriage so that under the Uniform Dissolution of Marriage act the duration of the subsequent marriage includes the time the parties were in a civil union.

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

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