Home » LAW »» Family Law

Jurisdiction of alimony laws (Family Law)

Comments (2) | Promote | Bookmark |

• Leave a Comment Now.
• Comments
• Mon, 20 Aug 2007 13:35:00 GMT(1)
• I apologize for neglecting to thank you. For some reason I thought you had replied to my other post under the heading "Marriage, Domestic Partnerships and Other Family Law Matters," where I did thank everyone for their replies. I do appreciate the time and advice everyone has given me. Thank you for looking up that statute for me. Please don't get angry at me. I completely understand that I need an attorney for my complicated situation. But like I said in my other post, I am a full-time student and have a very limited budget. I know nothing about divorce and sincerely want to learn, to make sure I know what I am getting myself into before I hire an attorney. Also, I am not even sure I have a case. My only intention on this forum is to understand if I am truely married and which state laws apply to me, now that I have lived in Colorado for a year. Once I know the laws, then I can make a knowledgable decision on whether to take out a loan for an attorney or just forget about the whole thing. I'm not trying to be greedy, but if you had right to assets and didn't pursue them wouldn't that be foolish? I just don't want to kick myself years down the road, if I don't pursue it, if in fact I am truely entitled to something.
• Sat, 18 Aug 2007 14:03:00 GMT(2)
• CO CAN grant you a divorce, but they would not have jurisdiction over marital assets outside CO or to grant alimony for a non CO marriage, and a STBX spouse who was never subject to CO marital law UNLESS THEY AGREE to CO jurisdiction.
  http://www.colorado-family-law.com/colorado-jurisdiction.htm
  Colorado Family Law Jurisdiction
  Colorado Divorce & Legal Separation
  Colorado has adopted the Uniform Dissolution of Marriage Act, codified at 14-1 -1 1, et seq. In order for Colorado to have subject matter jurisdiction to grant a dissolution, at least one spouse must have been domiciled in Colorado for the 9 day period prior to filing.
  "Domicile" means more than merely living in the state of Colorado. It is the intent for Colorado to be that spouse's permanent residence. This most often affects military couples - a servicemember living in Colorado may not actually be domiciled here (look at the claimed home state on the LES as a starting point). Likewise, someone domiciled in Colorado who leaves the state strictly because of military service can still file in Colorado, even though he/she has not lived here for years.
  Subject matter jurisdiction alone is not sufficient, however, to litigate all of the issues involving a Colorado divorce or legal separation. All that means is that the Colorado divorce court can (1) grant a divorce, (2) divide marital property located in Colorado, and (3) enter custody/parenting orders for children, if Colorado is their home state (six months residence).
  Personal jurisdiction over the respondent spouse, and therefore the authority for the Colorado divorce court to divide property outside of Colorado and order the respondent spouse to pay maintenance or child support, requires one of the following:
  1. Personal service on the respondent spouse within the state of Colorado (including a waiver of service),
  2. Personal service anywhere, as long as the parties maintained their marital domicile in Colorado, and the petitioning spouse lived here continuously after the respondent spouse left the state (does NOT confer jurisdiction to divide property outside of Colorado, however), or
  3. The respondent spouse consents to the Colorado divorce court exercising jurisdiction (requires affirmative consent, not simply the failure to object to jurisdiction).
  So even though Colorado can grant a divorce with service outside of Colorado, or with service by publication, some of the issues will have to be reserved for later adjudication by a divorce court which has jurisdiction over the respondent spouse.
  Colorado Paternity
  Colorado has adopted the Uniform Parentage Act, codified at 19-4-1 1, et seq. Under that statute, and under the "Colorado long-arm statute" at 13-1-124, the Colorado paternity court has jurisdiction if the child or one of the parents lives in Colorado, and one of the following conditions is met:
  1. Personal service on the respondent parent within the state of Colorado (including a waiver of service),
  2. Personal service anywhere, if the child was conceived as a result of intercourse in the state of Colorado, or
  3. The respondent parent consents to the Colorado paternity court exercising jurisdiction.
  Colorado paternity jurisdiction means Colorado can adjudge paternity, order the child's birth certificate changed, and order child support and birthing costs. Under the UCCJEA, only the child's home state can adjudicate custody and parenting issues. If Colorado is the child's home state, the Colorado paternity judge can also determine those parenting issues.
  Colorado Child Custody & Visitation
  Colorado has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at C.R.S. 14-13-1 1, et seq. The statute provides that Colorado has jurisdiction to enter or modify parenting orders if one of the following conditions is met:
  1. Colorado is the child's home state, which means the child has lived here with a parent or acting parent for the six-month period immediately preceding the filing of a Colorado child custody action (or for the child's life, if the child is less than six months old),
  2. Colorado was the child's home state within six months prior to the filing of a custody action, and a parent/acting parent still lives in Colorado,
  3. No other state has jurisdiction, or the child's home state has declined to exercise jurisdiction on the grounds that Colorado is a more convenient forum, and the child has a significant connection to Colorado,
  4. Colorado initially entered parenting orders (e.g. a Colorado divorce or paternity action), and either the child or one of the parents has lived in Colorado continuously since then, or
  5. Temporary emergency jurisdiction exists because the child is physically present in Colorado and has been abandoned or some other emergency, such as abuse, threatens the child.
  Colorado Child Support
  Colorado has adopted the Uniform Interstate Family Support Act (UIFSA), codified at C.R.S. 14-5-1 1, et seq. That act allows Colorado divorce and family law courts to establish a child support order against a non-resident parent if one of the following conditions is met:
  1. Personal service on the respondent parent within the state of Colorado (including a waiver of service),
  2. The respondent parent consents to the Colorado child support proceeding exercising jurisdiction (including the failure to object to jurisdiction),
  3. The respondent parent has previously resided in Colorado with the child,
  4. The respondent parent previously resided in Colorado and provided prenatal support for the child,
  5. The child resides in Colorado as a result of the respondent parent's acts or directives, or
  6. The child was conceived as a result of intercourse in the state of Colorado.
  Once a Colorado family law court has acquired jurisdiction to adjudicate child support, it retains continuing, exclusive jurisdiction to modify its order if Colorado remains the residence of the child or one of the parents, or if the parents consent to Colorado exercising continuing jurisdiction.
  More Information
  Colorado Revised Statutes online - view the Uniform Dissolution of Marriage Act, Uniform Parentage Act, UCCJEA, UIFSA, and others.
  www.cobar.org. An excellent September 2 2 article entitled "Interstate Family Law Jurisdiction: Simplifying Complex Questions" by Judge Angela Arkin. Unfortunately you have to be a member of the Colorado Bar Association to view this article.
• Leave a Comment Now.

Family Law Open Questions

My husband's ex-wife in Ohio, we are in Indinana, their children are with us. I know in a year she is planning to take us back to court to try and get the kids back, while we are confident that won't happen I wonder will she have to file in Indiana where this all took place and the children live......

What is the name of your state? Illinois (but involves Colorado and California) While we were married in Colorado, my ex-wife went to California for vacation with our two children. She did not return and after delivering our third child there attempted to claim them all as California residents.......

Since the divorce, I have moved to AZ with my two sons and he has moved to LA. The original divorce decree was finalized in Oklahoma. He is filing for a modification of visitation and child support. I am remarried and have been a resident of AZ for almost two years now. I did not file a......

Maryland DH is paying support on an order issued in CA. We now live in Hawaii. We have just received a "motion for Modification" filed in the state of maryland (where CP has lived for past 10 years). DH has never lived in MD. At a site explaining MD CS law it says "In order for a......

I am posting this for my sister in law who is Thai. Her English is not very good. About 2 years ago she was working at a restaurant in Bangkok and met an American man. She is 29, he is in his 50's, divorced and is a research scientist who works with insects in Bangkok. His employment is......

I have been living in the state of Florida for six years. I was divorced in Cook County, Illinois and have joint custody of my three children who now reside with their father in Glastonbury, Conneticut, they have only been in CT for 6 months. I just found out that my 15 year old son has an order......

I just went to court to have the Jurisdiction of my children changed to the county that I now reside in. However, the judge stated that she would not allow me to change it because I moved out of the original county that my divorce was filed in BEFORE my divorce was finalized. I have been living......

What is the name of your state? MA My husband and his ex-wife were married and divorced in MA. The divorce was finalized 2 1/2 years ago. The visitation for their daughter, almost 3 at that time, in the decree was nothing detailed. My husband did not have a lawyer at the time and could not......

My Divorce and Relocation papers were signed in Washington State. I am living in California. How can I have jurisdiction changed? I have two children (primary custody) and their father has visitation. The children have to travel to him. Their ages are 11 and 8. This is very hard on them although......

What is the name of your state (only U.S. law)? My name is Carmen and I live in Florida. I have tried to modify the Custody order in NY and received a letter stating that since she has resided in Florida for more than 6 months that I would need to pursue it in Florida. I am not sure of how or......

Some questions maybe you're interest in...

[Immigration Law] We are just about ready to file our I 751 here but would just like to clarify on thing. My oldest son came here on a K2 with me, he was under 21 when we got our greencards, hes now 22. So my question is do we file for him on the our form or will he have to fill in his own and what evidence will.........

[Consumer Law & Fraud] What is the name of your state (only U.S. law)? New Jersey. In 2005 I lived in New York City, I purchased a new vehicle from a New York car dealership in September 05, and entered into a Retail Installment Contract with the Dealership. I moved to New Jersey last year (2007), I have made 30.........

[Intellectual Property] My question involves business law in the state of: Florida The name I wanted to use for my new business came up in a search as a registered trademark in the US. I checked the status at the US Patent Office, etc. & the trademark status is "Dead" as of a couple of months ago. Can I.........

[Insurance Law] What is the name of your state?What is the name of your state? California 4 months ago, husband was laid off. (company paid both full coverage for myself and him) (and for the record, if it has any bearing... he was a brewer for a microbrewery. the coverage was not under the brewery. it was.........

[BUSINESS & FINANCIAL & Corporate LAW] What is the name of your state (only U.S. law)? Texas I have a contract with a hospital to perform nuclear medicine procedures. It is a very simple contract. Basically , it states that I will get paid x amount for a 40 hour work week. The term of the contract is 11/20.07 to 11/20/08. I dont get.........

[BANKRUPTCY & CONSUMER CREDIT] What is the name of your state? KY Hi! I have a question, we are about to file Ch7 and one of the things included in this is our car. The transmission went out, we couldn't afford to have it fixed and we were behind on payments anyway. So we decided to just let them reposses it. I have children,.........

[COURTS, LAWYERS & LITIGATION] What is the name of your state? NC The people that own the house across the street from us asked us to keep an eye on their house when they rented it. The last time they rented it, it got messed up. When the new tenants came home with a 2nd dog, we called the owners and told them. The new.........

[Insurance Law] What is the name of your state? CA I Don't know if this fits this catagory or not, but I didn't get any replies under employment. I am working as an independent contractor doing facilities maintenance in an office building. If an accident were to occur as a result of my work, could I be held.........

[Consumer Law & Fraud] For Minnesota, A guy advertises goods in the newspaper for free if picked up and hauled away. I contact him and he agrees on the phone that I may have it all. I agree to take it at a later date. He agrees. I call him back a few days later and now he says he decided to keep it. I think some one.........

[Intellectual Property] What is the name of your state? NJ Okay Ive go a question about sports licensing. I would like to create sports-themed t shirts that DO NOT contain team logos or player names but definitely convey a sense of a team or player. For instance, I have heard from others who do this that it is ok to.........