Contact Jeff | Profile

Colorado Divorce and Family Law Attorney


Where are you going?

Sometimes you're just faced with what seems like a long road to who knows when it comes to family law matters.

Attorney Jeff Alter can help you figure out your destination and how to get there. Divorce and family law matters are all he does.  He can help you determine what you need to file, how to navigate the court system, how to deal with other parties and attorneys, whether to mediate...or litigate. He's tough and dedicated to protecting your rights with expertise in: 

Don't take the risk that your case or issues will be given to a new associate in a larger firm. It's too important. You should get what you pay for - Jeff gives your case the personal and professional attention it deserves. He believes that you should be educated about your case or issues, and he makes sure you're aware of what's going on every step of the way. It's nice to know that you're only a phone call or email away if you need him. You can't afford to lose personal contact with your lawyer. He's the family law attorney you can count on.

Divorce & Legal Separation

Divorce is called "Dissolution of Marriage" in Colorado. It is a legal ending to a marriage. Legal separation does not end the marriage, but does allow the parties to live legally separate lives without "marital consequences" during that period. There are only a few reasons why the parties may choose legal separation a divorce, such as to retain certain benefits from the other party's employer, to experience a "trial divorce" or to retain a particular immigrations status.

The divorce process often involves the:

Attorney Jeff Alter believes family law issues should be resolved by the parties if possible, because no one understands your needs or the needs of any children like you do. If your spouse is reasonable, it is better for the two of you to make decisions rather than a judge, who may have the best intentions, but will never know you or your children as well as the two of you. However, your spouse is not always reasonable, or the two of you simply don't see things the same way - Jeff is able to aggressively represent your interests in court whenever needed.

Unlike some divorce lawyers, Jeff never fails to return calls or keep you apprised of the status of your case. He is particular about his clients, who are hopefully particular about their attorney.

Jeff has represented husbands and wives and mothers and fathers, and is familiar with the strengths and weaknesses that are typically labeled on them during the dissolution process. Whether the divorce is uncontested or highly contested, he will walk you through each step of the process, explaining your rights so that you understand them.  One thing is for sure - The legal decisions you make about your divorce in the coming weeks and months will have an impact on your future for years. Make sure you understand exactly what your options are. And make sure you have an understanding but  tough and determined attorney before it's too late.

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Common Law Marriage

Common law marriage is a way of being married that does not need to meet the requirements of a statutory marriage. In other words, you can be married without getting a marriage license. The key is whether the parties intended to be married. At a minimum, the parties need to have lived together and held themselves out to the public as being married.

Of course, evidence of this "public showing" is key when the parties disagree as to whether they were ever married. And the parties many times disagree on this point where marital property and maintenance are at issue. What counts as intent? While there is no magic formula, evidence that is used include married filing jointly tax returns, exchange of wedding bands, joint bank or credit accounts, jointly titled property, children with the father's last name, and witnesses who can testify that they thought the parties were married.

The stakes are generally high and the court must make findings as are presented on the record so you should not underestimate the importance of having good counsel on your side who is well-prepared to state your case.  Contact Jeff Alter for an evaluation.

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Child Custody & Visitation - Parental Responsibilities - Parenting Time - Decision Making

In family law child custody includes both the authority to house and care for a child (physical custody) and the authority to make major decisions such as school and church choice (legal custody).  The word "custody" isn't used to much more in Colorado courts. It's been replaced by the term "parental responsibilities", which includes parenting time (physical) and decision making authority (legal). The current terminology is meant to better reflect the role parents play in their children's lives. Thus, "visitation" is encompassed in the term parenting time, which in turn, encompasses any amount of time a parent has with their child.

Still, the principles are the same in that the court orders affecting your parental responsibilities will affect the time you spend and the authority you can exert over your child. And, although this should never be a motivating factor, parenting time does have an effect on child support calculations - Support obligations decrease as parenting time increases.

There are many factors (both statutory and equitable) that a Court considers in making a parenting time determination, but they all boil down to one recurring over-arching principle - the best interests of the child(ren).  Jeff will work closely with you to understand your point of view, and effectively present it to the court. In highly contested or "difficult" cases, the court will often appoint a CFI (child & family investigator) to conduct interviews and present an evaluation report to the court, which generally includes a recommendation as to the allocation of parenting time. Although the court does not rubber stamp the recommendation, it is highly persuasive. Therefore, it is vitally important that you understand what the CFI will be looking for before any such meeting, and that you be represented in the event you believe that the CFI report is inaccurate.

Jeff understands that few things if anything in life are more important than your children, and will vigorously represent your rights as a parent in this regard.

See MODIFICATION OF PARENTAL RESPONSIBILITIES

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Colorado Child Support

Attorney Jeff Alter focuses on your goals in child support matters. Importantly, the starting point in determining child support is the Colorado child support guidelines found in C.R.S. 14-10-115.  The income of the parties is taken into account along with the number of overnights the child(ren) spend(s) with each parent. Other factors then come into play such as whether any parent is making other support payments either to the other parent or for other children; whether child care costs are being paid, who is paying extraordinary medical costs; whether health care is being paid by a party; and even who is claiming the child tax credit. Even after that, the court can deviate from the guidelines for good cause shown.

Jeff knows how to apply these factors which could make a significant difference in the child support order. Further, he is familiar with arguments that one parent is either voluntarily unemployed or underemployed which also has a significant effect on the child support orders.

SEE MODIFICATION OF CHILD SUPPORT

SEE ENFORCEMENT OF CHILD SUPPORT

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Colorado Alimony, Maintenance, or Spousal Support

Alimony, maintenance and spousal support are all different terms for the same concept in Colorado - Support which is paid to one spouse by the other spouse. Colorado  use the term "maintenance", since that is how it is referred to in the applicable statutes, and because traditionally, the term "alimony" was used to mean an amount of support to a woman from her husband's estate. Today, maintenance can be ordered wither to the husband or wife.

Attorney Jeff Alter has represented both those seeking and those trying to avoid the payment of maintenance. Accordingly, he is well versed on both positions. Importantly, maintenance matters typically involve temporary maintenance orders made during the beginning phase of the case , and the calculation or factors used at this juncture depend on whether the parties' combined income exceeds $75,000.00. At permanent orders (the end stage), no specific formula is used, but rather certain statutory factors guide the court in determining any "proper" amount of maintenance to be ordered. The applicable statue in this regard is C.R.S. 14-10-114.

You should be aware that any maintenance payments are taxable to the receiving party. Note also that Colorado is a no-fault state - Maintenance is therefore determined without regard to any "fault" (marital misconduct) of the parties. Jeff can help you reach an agreement on maintenance or in the alternative aggressively represent your interest and position here. Failing to be adequately represented here can have serious financial consequences.

Contact Jeff to learn more about maintenance obligations and an evaluation of your circumstances.

SEE MAINTENANCE MODIFICATION

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Colorado Property Division

Colorado is a dual property equitable distribution state. What this means is that unless the parties make a fair and equitable agreement concerning distribution of their property, a judge will make that decision for them for them, by equitably dividing up the marital property but not the separate property. Separate property is generally property one spouse brought into the marriage and property received by a spouse through gift or inheritance.

In Colorado, "equitable" does not always mean "equal", and a court looks at several factors in determining how to divide the marital estate. Jeff is familiar with these factors such as how much each spouse contributed to property acquisition or as a homemaker; the increase in value during the marriage of separate property; how much property has been set apart already to a spouse; the economic circumstances of the spouses at the time of the division; and more.

Importantly, not only do assets get divided, but debts get divided as well, which is many times a source of great contention. Where the parties do not agree, valuations and appraisals of property may need to be done. Jeff can represent you effectively in asset/debt matters ensuring that your interests are protected.

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Modification of Court Orders

The most common orders that tend to get modified in family law are those relating to parental responsibilities, child support and maintenance.

Modification of Parental Responsibilities (Custody)

Parental responsibilities is essentially divided into two areas: decision making and parenting time. With respect to decision making, the court must find that there has been a fairly substantial change of circumstances with respect to the child(ren) and that it would be in the child(ren)'s best interest to have the modification. In addition to that above, the court must find one of several other factors enumerated in C.R.S. 14-10-131. Jeff can evaluate your case and help you lay out a strategy to get or defeat a proposed modification.

Modification of Parenting Time

Parenting  time can be modified whenever the order will serve the child(ren)'s best interests. What constitutes "best interests" is a big judgment call, and you will need to effectively present your position in order to persuade the judge. In addition, if the change in parenting time would result in a change to the parent who has the child(ren) the majority of the time, then there must also be a change in circumstances of the child along with one of several other factors enumerated in C.R.S. 14-10-122 which must be found. Further, once a motion to change the majority time parent has been filed, regardless of the outcome, no subsequent motion can be filed within two years absent a few dire circumstances.

Modification of Child Support

In Colorado, there must be a substantial and continuing change in circumstances in order to modify child support. This standard is required by C.R.S. 14-10-122. If application of the Colorado child support guidelines would result in less than a 10% change in the child support obligation, then any change in circumstances is deemed not to be substantial and continuing. Importantly, this standard creates a presumption, which means that under certain circumstances, a court could deviate from the guidelines in order to grant the requested relief. Jeff can help you assess your chances in this regard. Also, you should be aware that child support can be modified only from the date the motion to modify is filed unless there was an earlier agreed-upon change of physical custody.

Modification of Maintenance (Alimony)

Maintenance may also be modified provided that there is a showing of substantial and continuing circumstances in accordance with C.R.S. 14-10-122. However, the fact that a judge may now have awarded a different amount, that alone will not meet the standard. Essentially, the amount must now be seen as vastly unfair under the circumstances. Note however, that the parties can agree that maintenance be contractual and non-modifiable. In that case, the amount can never be modified. 

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Contempt Motion - Enforcement of Court Orders

Contempt in family law most commonly involves the failure of a party to follow a court order such as to pay child support, spousal support or comply with parenting time directives. The sanctions can be either punitive (offensive to the court) or remedial (designed to compel compliance). Upon a well-drafted, well founded contempt motion, a court can order ex parte (without the other party knowing about it) a contempt citation ordering the "contemnor" to appear before the court at a specific date and time and show cause as to why he or she should not be held in contempt.

Sanctions can include immediate payment of past due amounts, payment of the the filer's attorney's fees, loss of parenting time,  and even jail. Jeff understands the evidence needed to prove or defend against a contempt motion, and can effectively present your case to the court in the most favorable light possible.

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Premarital Agreement and Marital Agreement

Premarital agreements are not only allowed in Colorado, but strongly upheld as long as it is written, signed by both parties with full disclosure of their assets and debts, is voluntary and not unconscionable as to maintenance or a waiver of attorney's fees at the time of enforcement. They are essentially contracts, except that Colorado law does not require that consideration (bargained for exchange) be given. They become effective upon the marriage.

Marital agreements (postnuptial) are similar to premarital agreements except that they are generally drafted to preserve rather than in anticipation of the marriage. They become effective as soon as they are signed.

Jeff is has drafted many premarital and marital agreements and can help you determine what provisions are needed and how then need to be worded in order to protect the parties' property. 

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Jeff Alter is a Colorado Divorce Lawyer and serves the greater Denver area including Aurora, Centennial, Parker, Highlands Ranch, Castle Rock, Littleton, Greenwood Village, Golden, and Arapahoe, Douglas and Jefferson Counties and more.