Recent Articles

Non-Dischargeable Non-Support Marital Debts in Bankruptcy

Steven P. Johnston
March 12, 2012 14:00

While a divorce case is pending, one of the things the parties are tasked to do is come to an agreement on how marital debts will be divided. If possible, the party not responsible for paying the debt under the divorce decree will usually try to have the debt refinanced in the name of the other...

When Severance Pay is Considered Separate and Not Marital Property

Steven P. Johnston
January 30, 2012 13:00

With the downturn in the economy over the last several years, the need to consider severance packages and how they are allocated during a divorce has become more common.  A severance package typically consists of pay and benefits an employee receives upon the termination of employment. In...

What Women Should Know About the Tax Implications of Maintenance Payments in Colorado

Steven P. Johnston
January 16, 2012 14:00

Jeffrey Landers at Bedrock Divorce Advisors, LLC is a Divorce Financial Strategist who works exclusively with women going through financially complicated divorces. He has recently written about the tax implications of "alimony payments" (called maintenance in Colorado). In particular, Mr. Landers...

Employer Contributions to Employee Benefits Are Usually Not Considered As Gross Income When Calculating Child Support in Colorado

Steven P. Johnston
December 19, 2011 14:00

I wrote last week on the confusion that can arise when considering whether Social Security benefits are included as "gross income" under Colorado's statutory child support guidelines. There are also numerous "fringe" benefits a spouse can receive from his or her employer that may seem like income...

Considering Social Security Benefits as Part of Gross Income for Colorado Child Support Calculations

Steven P. Johnston
December 12, 2011 14:00

Colorado has specific state-wide guidelines that are used in calculating a parent's obligation to pay child support. The purpose of the guidelines is to provide "an adequate standard of support for children, subject to the ability of parents to pay." C.R.S. § 14-10-115(1). The child support...

Allocating Decision-Making Responsibility for Children and Decisions Regarding Religious Upbringing

Steven P. Johnston
December 05, 2011 14:00

Colorado lawmakers have determined that "it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage." C.R.S. § 14-10-124(1). When a married couple...

Modifying Spousal Maintenance in Colorado

Steven P. Johnston
November 28, 2011 14:00

Maintenance (formerly called "alimony") is defined as "support paid by one ex-spouse to the other as ordered by a court in a divorce (dissolution) case." Usually, it is the spouse with the higher income or earning potential who pays maintenance to the other spouse. In Colorado, maintenance can be...

Educational Degree is Not Marital Property Subject to Division in Divorce

Steven P. Johnston
November 21, 2011 14:00

In Colorado, property (i.e. assets) that a couple has accumulated during marriage is equitably divided during a divorce. Colorado law defines "marital property" as all property acquired by either spouse after marriage except: Property acquired by gift, bequest, devise, or descent; Property...

Dividing Stock Options During Divorce

Steven P. Johnston
November 14, 2011 14:00

Stock options are usually thought of as being granted to the high level C-Suite employees of large corporations. But the reality is that stock options are increasingly being provided to compensate employees at various levels on the company organizational chart. A stock option is defined as "a right...

Ten Court Room Tips For Your Divorce Trial

Steven P. Johnston
November 09, 2011 14:00

The court room can seem like a daunting and unfriendly place for those individuals who prefer not to spend much time there. Author Mark Pfenning offers ten helpful tips for those preparing to face a judge in divorce court. Settle as many issues as possible before trial: Once you enter the...