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January 2015 Archives

Tax considerations after a Colorado divorce

Married couples with children face unique federal income tax situations after they divorce. Onedecision they must make is which parent will claim the child as a dependent for tax purposes. The IRS determines that this is the parent with whom the child lives for at least 6 months during the calendar year and who supported the child financially during the same time frame. If one parent becomes the custodial parent and earns at least half of the household's income, that parent could file taxes as head of household, potentially providing more deductions and a lower tax rate than that afforded single filing status.

Communication technologies changes legal landscape for visitation

Parents in Colorado may be familiar with varying types of child custody arrangements. Some of these agreements may involve the use of certain communication technologies, which have made it possible for many non-custodial parents to maintain contact with their children. In addition to using the telephone, email, social media websites and video conferencing have provided the courts additional flexibility when deciding to on visitation and custody cases.

What types of orders do courts issue in divorces?

Divorce proceedings in Colorado involve several steps and could involve many types of court decisions and determinations. Some of these are decrees, while others are orders that serve to resolve certain issues. One type of order is a continuation of jurisdiction. This is reserved for some property issues and matters that relate to children, such as decision-making power, parenting time and child support payments. Temporary orders are issued to establish spousal maintenance and child support, to address the responsibilities and rights of parents and to divide property until these matters are resolved in permanent orders.

Understanding property division in Colorado

Colorado is an equitable distribution state when it comes to dividing property in a divorce. Unlike community property states, there is no assumption that marital property is owned by both parties at the time of a divorce. Therefore, property is divided in an equitable manner, and the higher-earning spouse may be awarded more of the marital property.

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