Menu
The Foley Law Firm
Free Consultations
719-377-4024

Colorado Springs Legal Issues Blog

Is there an ignition interlock device in your future?

If a law enforcement officer arrests you for driving under the influence of alcohol, you can expect driver’s license suspension, among other penalties.

There is a solution, however, in the form of an ignition interlock device. You may not know much about the IID, but if driving is an essential way for you to get around, it may become your new best friend.

Handling child tax credits after divorce

Colorado parents who are going through a divorce may want to include their tax plans as part of the separation agreement. After the passage of the Tax Cuts and Jobs Act and its changes to personal exemptions and deductions, tax credits like the Child and Dependent Care Tax Credit, Child Tax Credit and Earned Income Tax Credit are even more important for parents. Many parents think a great deal about the financial and other implications of divorce for their family, but the tax issue can also be important to resolve in advance.

In many cases, the issue of which parent can claim the children as dependents is resolved during the divorce negotiations. In some cases, parents may decide to give the credit to the parent who gives more financial support; in other cases, the parent with the children at home more frequently may claim them. Sometimes, parents divide the status for multiple children between themselves. According to the IRS, only one parent can claim each child as a dependent.

Do not assume Colorado is soft on drugs

Colorado may have certain progressive policies, but it is not a drug free-for-all. State officials are tough on substance crimes, and even a slight chance of conviction should be taken seriously.

In fact, a second charge for selling a schedule I or II controlled substance not allowed by state law would probably be a felony. Between aggravating factors and other crimes associated with the arrest, defendants may find themselves with consequences more severe than expected. Here are some ways to reduce the likelihood of the long-term damage to reputation and employability associated with felony convictions.

Documents that can protect a business during a divorce

A company's organizing agreement or a prenuptial or postnuptial agreement can protect a business in Colorado in case of divorce. Both types of documents can establish that one spouse is the sole owner and that the business will not be divided if there is a divorce. This can help prevent a costly and time-consuming process of assessing the company's value in a divorce. The documents may also name an amount that the spouse might receive.

Such documents could also establish rules in case the spouses are co-owners of the business. They might decide that if they get a divorce, they want to continue running the business together. On the other hand, the documents might specify that one spouse will buy out the other in case of divorce.

Is there a difference between assault and battery?

When you watch TV shows chronicling police officers or lawyers, you may hear the phrase "assault and battery." This is usually used to describe one person physically harming another by striking him or her with something.

In Colorado, the terms assault and battery mean two different things and bring unique consequences. What difference is there between a charge of assault or battery?

How is child support calculated in my divorce?

Child support is one of the most complicated issues to work through during a divorce. Last year, the U.S. Census Bureau reported that only 43.5 percent of custodial parents received child support payments in full. However, because each state sets its own financial support guidelines, it is difficult to set a national standard on this point.

As the noncustodial parent, you might be uncertain of your obligations toward your former spouse and your children. The state of Colorado makes many considerations in calculating your monthly payment. Awareness of these guidelines may help you determine if the final amount is fair.

Divorce doesn't have to be a fight

Divorce can be a difficult event to get through for many Colorado couples. It can be even harder to get through for those who are trying to raise children afterwards. However, allowing emotion to rule the decision-making process can lead to a divorce that takes more time and money than necessary to finalize. One of the things that people can do to avoid delays is to recognize what triggers them.

If a person feels that he or she is being triggered, it can be a good idea to take a walk or grab a glass of water. Talks should be postponed until both sides have cooled off and are ready to continue talking in a mature fashion. It is also a good idea to avoid taking action that could trigger others or bait them into reacting in a certain way.

The penalties escalate with a felony DUI conviction

Prior to 2015, any drunk driving offense was a misdemeanor. However, the current law makes the penalties for driving under the influence of alcohol or driving while ability impaired more severe.

If convicted of DUI for the fourth time, you are likely to go to prison unless extenuating circumstances exist to consider in your defense.

Making a plan for child custody

A growing number of divorced Colorado parents prefer joint custody, a solution that's also supported by many family courts. However, ironing out the details of a parenting plan can be challenging practically as well as emotionally difficult. Most parents want as much time with their children as possible, and it can be upsetting to consider splitting up time with the kids. However, a positive co-parenting experience can be important to supporting the children's emotional stability and development and helping them to adjust to the divorce.

There are a number of issues to consider when working to develop a child custody solution. The parenting plan and the actual schedule for a child sharing time between both parents' homes will require adjustment based on scheduling issues for the parents and the children. For example, parents' work schedules can be considered when developing the plan, but children's school and activity schedules should also be taken into account. Hobbies, extracurricular activities and other time with friends can be important to the children. That's why custody changes should be timed to allow kids to keep their activities, games or concert. In essence, the custody schedule should be optimized for the children's benefit.

What happens when you get accused of domestic violence?

Getting arrested for any crime is stressful and brings with it a certain amount of uncertainty. Depending on the accusation, you may get released, or you may have to sit in jail. Domestic violence is a charge that carries with it varying degrees of punishment mostly dependent on the facts of the case and your prior criminal history.

If you find yourself in cuffs over a domestic violence charge, you should understand what possible outcomes the charge ends with.

Contact Us Today

Get Legal Help Today

Call us at 719-377-4024 for a free consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

222 East Costilla Street
Colorado Springs, CO 80903

Phone: 719-377-4024
Fax: 719-757-1146
Colorado Springs Law Office Map