Stephen J. Plog
- Family Law
Jurisdictions Admitted to Practice
|Plog & Stein P.C.|
|Quinnipiac University School of Law - Quinnipiac University||J.D.|
|Honors: American Jurisprudence Award, Legal Writing|
|New Mexico State University||B.A.|
|Honors: Also completed coursework towards general government degree and supplemental pre-law minor.|
|Member, Douglas/Elbert Bar Association|
|Member, Colorado State Bar|
- Overall: 80 Answers
- This Year: 22 Answers
Q. We are still paying for our 20 yr old daughter what do we do stop that? how do we get our money back
A: Child support in Colorado stops at 19. Unless your daughter has been declared disabled or is still in high school, it should have stopped some time ago. Presuming you are being garnished for support, you will need to file a motion requesting that the garnishment stop, as well as requesting that you be reimbursed for all over payment.
Q. What questions will my ex's attorney ask me during our contested hearing?
A: Your ex's attorney will likely ask you questions he or she hopes will show the court that that either you should not have custody (parental responsibility) or that joint PR should still stay in place. The attorney will likely try to ask you questions designed to make you look incredible or designed to make you change your story. As it will be cross examination, they will be 'yes' or 'no' questions.
Q. Can I get a post-decree case management order re chid support modification, dismissed?
A: A "post-decree case management order" is a procedural order issued by a court. The case management order is not something that would be overturned or dismissed. However, if the other party is not following it, there may be ramifications that need to be brought to the court's attention. You may be confusing the terminology you are using in terms of the type of order or title of the order.
Q. Can I get spousal support from a trust fund?
A: You cannot "get spousal support" from a trust fund. However, the income he receives from the trust fund would certainly count as income when assessing whether he should pay maintenance and how much he should pay.
Q. My wife is a resident of Oklahoma and a native american....
A: If your wife and sons have been living in Colorado for more than 182 days and there are no custody orders from elsewhere, Colorado would be the proper jurisdiction for divorce and custody. Regardless of whether she is an Oklahoma resident, custody moves with the children. However, you must also keep in mind that federal law, the Indian Child Welfare Act, could also come into play. If you want to prevent her from leaving, you need to get a divorce case filed and have her served right away.
Q. Is there a law in Colorado that prevents a child from sleeping in the same bed as their parent after a certain age?
A: There is not a specific law prohibiting this behavior, though some courts and experts do frown upon this from a developmental/independence standpoint.
Q. Im a stay at home dad full time student,my fiancée wants to leave me, can I get full custody and spousal support?
A: If she is just your fiancee, you cannot get spousal support. If she is your wife, depending on the financial circumstances, you may be able to. In terms of your children, not sure what you mean by full custody? If you mean primary residential status, that will also depend on the circumstances. In this day and age, if she is a good mom and is available, it is quite likely you would end up with 50/50 time. If you are talking about decision making, or what used to be termed legal custody, it is likely that would be joint. Your past domestic violence could be a factor, but shouldn't affect parenting time with your kids. Just being a stay at home dad does not really give you an advantage, other than not having to prove your parenting abilities.
Q. My ex moved away with my son - he was 2 at the time. He's now 7 and I am getting remarried. She's keeping him from me.
A: If you have a Colorado case and Colorado orders, you would need to file a motion to enforce parenting time pursuant to CRS 14-10-129.5. If there are no orders in place, unfortunately you would need to file a case for custody or visitation in the state where she resides.
Q. The house was rewarded to me, but my ex wife refuse to move out. What do I need to do?
A: There are various options. You might file a separate eviction action in county court. You might also file a motion to enforce the orders with the court, including a request for costs and attorney fees. You could also file contempt of court in a remedial sense. If she refuses to comply, the court could put her in jail, which would get her out of the house.
WEBSITES & BLOGS
Website: Stephen J. Plog's Website Profile
Website: Plog & Stein P.C. Website
Blog: Denver Divorce Attorney Blog
What Time Period Should a Colorado Court Consider When Determining "Current Financial Resources" in a Divorce? Colorado Child Support and Self-Employed Individuals COLORADO DIVORCE AND SAME SEX MARRIAGE Colorado Custody and Relocation With Children (Part 2) Recent Colorado Appellate Case Discusses Arbitration in the Divorce Context Modification of Spousal Support Orders in Colorado Divorces Child Custody Laws for Same-Sex Couples in Colorado are Far From Certain What Constitutes Marital Property in Colorado? Colorado Custody And Relocation With Children (Part 1)