J. P. Martin Law GroupJ. P. Martin Law Group2026-08-28T16:19:55Zhttps://www.jpmartinlawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1601989/2020/11/cropped-favicon-32x32.pngOn Behalf of J.P. Martin Law Group<![CDATA[Can losing overtime change child support in Colorado?]]>https://www.jpmartinlawgroup.com/?p=468342026-08-28T16:19:55Z2026-08-28T16:19:55ZYour paychecks once included steady overtime. Then the extra shifts dried up, and the support amount set in better times feels out of reach. If you work in the oil fields, a hospital or any job where hours swing with demand, this can hit hard. Colorado does let you ask a court to revisit support when your income drops, though the details decide whether it works.
See when overtime counts as income
Colorado does not treat every extra dollar the same. Under state law, overtime pay counts toward your support income only when your employer requires it as a condition of employment. Voluntary overtime that pushes you past a full-time week is generally left out, and the rules that define gross income for support spell out that line. So if mandatory overtime counted in your original order, losing it can lower the income used to set support, while hours that never counted may not.
Show that your overtime has really dropped
A single slow month may not establish the substantial and continuing income change Colorado requires. A brief reduction followed by a return to normal hours usually will not qualify. To make your case, gather pay stubs, schedules and any written notice, since consistent payroll records showing several months of lower earnings carry more weight than one short paycheck.
Recalculate support with your current income
Once you can show a lasting drop, figure out what support would look like now. Colorado uses a guideline formula built on both parents' gross incomes, the number of children, overnight parenting time and costs like health insurance and child care. The same math that sets a support amount at the start of a case applies to a change.
Check if support changes by 10%
Colorado also sets a clear bar for what counts as a big enough change. A modification generally qualifies as substantial only when the new guideline amount differs from your current order by at least 10%. The state's rules for changing a support order explain that threshold. So if your $600 order would recalculate to $540, that gap may open the door, while a drop to only $580 likely will not.
Ask to change support before paying less
One costly mistake is worth avoiding. Your existing order stays in full effect until a judge signs a new one, so you cannot simply pay less on your own. Cutting payments without approval can pile up back support, interest and enforcement trouble, even if your income truly dropped. Instead, file a motion to modify with the court that issued your order, and keep paying while it is pending. A modification usually applies from the date you file, not when your overtime ended.
Decide if changing support makes sense
Losing overtime does not automatically lower your child support, but it can give you real grounds to ask. The answer usually turns on whether the overtime was mandatory, whether the drop is lasting and whether the recalculated amount moves by at least 10%.If those pieces line up, filing sooner keeps you from owing an amount you cannot afford. A Colorado family law attorney can review your records and order, then say honestly whether a modification is worth pursuing.]]>On Behalf of J.P. Martin Law Group<![CDATA[Divorce or legal separation: What is the difference?]]>https://www.jpmartinlawgroup.com/?p=468322026-07-22T13:43:28Z2026-07-22T13:43:28ZWhat each process can address
Whether you pursue divorce or legal separation, the court may issue orders involving:
Division of marital property and debts
Spousal maintenance, sometimes called alimony
Child support
Parental responsibilities and parenting time
Both processes require similar court paperwork and forms showing your income, property and debts. Colorado charges the same fee to start either case, although other costs may vary.
How your marital status differs
A divorce decree legally ends your marriage. Once the divorce becomes final, you may remarry. A legal separation order leaves your marriage intact. You remain legally married even though the court has divided property and established financial or parenting orders.
Separation may appeal to you for personal or religious reasons. If your marriage is nearing 10 years, divorce timing may affect possible Social Security benefits because an ex-spouse generally must have been married at least 10 years to qualify on the other spouse’s record. Other federal rules apply.
Legal separation does not guarantee that you can remain on your spouse’s health insurance plan. Coverage depends on the employer and the terms of the policy. Reviewing the plan before filing can help you understand how either process may affect your benefits.
Can you later change a legal separation into a divorce?
Either spouse may ask the court to change a legal separation into a divorce at least 182 days after the judge finalizes the legal separation. The orders involving property, support and children generally remain in effect unless the court later changes them.
Prepare for the terms you must follow
Whichever case you file, the final orders can create deadlines for transferring property, paying support and following a parenting schedule. Before filing, gather financial records, insurance plan details and information about your children’s routines. Legal guidance can help you identify which orders you need, determine whether proposed terms are workable and address gaps before the court enters a decree.]]>On Behalf of J.P. Martin Law Group<![CDATA[What happens at a Colorado DMV hearing after a DUI arrest?]]>https://www.jpmartinlawgroup.com/?p=468302026-06-29T15:04:31Z2026-06-29T15:04:31ZWhat the DMV hearing reviews
This administrative review does not decide whether you are guilty of DUI. Instead, it focuses on whether the state has sufficient grounds to revoke your license under Colorado’s express consent law. In general, that law treats driving as consent to breath or blood testing after a DUI arrest and allows the DMV to review license consequences on a separate track from the court case.
The issues reviewed may depend on whether the arrest involved a breath test, blood test or alleged refusal. A hearing officer may consider:
The officer’s legal basis for the stop or contact
The facts supporting probable cause for the DUI arrest
Breath or blood test results showing a blood alcohol content of .08 or higher
Records related to an alleged refusal to complete testing
The reports and paperwork supporting the proposed revocation
These details affect whether your license is revoked, restricted or left unchanged.
Why the seven-day deadline matters
If an officer issued a notice of revocation after a breath test or refusal, you generally have seven days to request a DMV hearing. Missing that deadline may allow the revocation to take effect without administrative review. If the case involved a blood test, the notice may arrive by mail, and you have seven days from the date that notice is received, or deemed received, to request a hearing.
Before the deadline passes, organize records that document when and how you received notice. These may include:
Keeping every page from the officer or the DMV
Saving envelopes from mailed notices
Requesting the hearing as soon as possible
Clear records can help show when you received notice and what steps you took before the deadline passed.
Protecting your ability to move forward
A DMV hearing is separate from the criminal case, but it can affect daily life before the court case ends. Acting quickly helps preserve the opportunity to review the evidence, challenge administrative issues and reduce the risk of losing driving privileges without a fight.]]>On Behalf of J.P. Martin Law Group<![CDATA[Career and custody: Does a promotion mean less parenting time?]]>https://www.jpmartinlawgroup.com/?p=468282026-06-09T07:47:59Z2026-06-09T07:47:59ZA promotion reflects years of hard work and dedication. It can bring exciting career opportunities, as well as new responsibilities. For parents who share custody, however, a promotion may also create new questions about parenting time. Many parents wonder whether accepting a promotion could affect the time they spend with their children.
How career changes may affect parenting time
In Colorado, courts focus on the best interests of the child when making decisions about parenting time. A promotion does not automatically reduce a parent's time with their child. For example, a promotion that requires frequent business travel may create scheduling challenges. A position with longer hours could also affect a parent's availability during the week. At the same time, a higher salary may improve financial stability and provide additional support for the child's needs.Many parents find that a promotion does not require major changes to their custody arrangement. In some cases, parents can adjust schedules and continue sharing responsibilities in a way that works for everyone involved.
Courts do not rely on one factor alone. They review the circumstances as a whole and consider how any proposed change may affect the child.Career growth and parenting responsibilities can often exist side by side. With planning and cooperation, many families find solutions that support both goals.
Protecting your relationship with your child
A promotion does not automatically mean spending less time with your child. Many parents successfully adapt to new work demands while maintaining meaningful involvement in their children's lives. If a career change creates concerns about parenting time, legal guidance can help you understand your rights and explore options that support your family's future.]]>On Behalf of J.P. Martin Law Group<![CDATA[What does equitable distribution mean in a Colorado divorce?]]>https://www.jpmartinlawgroup.com/?p=468272026-05-12T13:21:26Z2026-05-12T13:21:26ZEquity versus equality
Equitable distribution does not mean equal distribution. Some people assume everything will be split evenly. However, Colorado courts aim for what they consider fair, not strictly equal.
The court examines various factors to determine a fair division based on your situation. This approach recognizes that each marriage is unique. A single formula might not work for every case.
Factors courts consider
When determining equitable distribution, Colorado judges look at several parts of your marriage and finances. These may include:
How long you were married
Your financial situation and your spouse's
How much each of you helped build marital assets
The value of property given to each of you
Similarly, if you stayed home to raise children while your spouse built a career, the court may consider these contributions when dividing property. The court may also modify the distribution if you or your spouse depletes or wastes marital assets to the detriment of the other. This may include gambling away savings or making large purchases to reduce available assets.
What counts as marital property
Generally, marital property includes assets and debts acquired during the marriage and before a decree of legal separation is issued. However, property you own before marriage and inheritance belonging to one spouse usually remain separate.
If your separate property grows in value during marriage, it may become marital property. This depends on the situation. If marital funds or effort helped increase the value, that growth may be divided. Even natural growth, such as market gains on a separate stock account, is usually marital property.
The distinction between marital and separate property can become complicated, especially when your assets commingle. This occurs when the two property types mix, which means what is separate may become marital. Keeping clear records of separate property from the start could help you protect these assets.
Protecting your share in a divorce
Learning how Colorado courts approach property division may help you secure a fair share of property after the divorce. By staying informed and making smart decisions, you can prepare for the future and maintain a good standard of living even after separation.]]>On Behalf of J.P. Martin Law Group<![CDATA[2 signs your spouse may hide assets during divorce]]>https://www.jpmartinlawgroup.com/?p=468252026-04-20T12:20:45Z2026-04-20T12:20:45ZLifestyle does not match reported income
A gap between reported income and actual spending can indicate undisclosed funds. Your spouse may claim reduced earnings but continue paying for travel, dining or large purchases. You may also see steady cash use without a clear source.
Colorado requires each spouse to submit sworn financial disclosures. Courts apply an equitable distribution approach, meaning they divide marital property based on fairness rather than a fixed split. When income drops on paper, but expenses remain consistent, that difference can suggest income from an undisclosed account or business source. This issue often appears when one spouse controls business revenue or handles irregular payments.
Put simply, reported income should support observed spending. When it does not, the difference can point to missing financial information.
Unusual financial behavior or missing information
Irregular transactions or incomplete records can indicate concealed assets. You may see delayed bank statements, missing tax returns or transfers without a clear explanation.
Key warning signs may include the following:
Sudden income shifts: Reported earnings drop without a clear work-related reason
Unexplained fund movement: Money moves to new accounts, relatives or third parties
These issues can prevent a full review of disclosed assets and obligations.
Financial inconsistencies can reshape property division outcomes
Financial accuracy drives property division in Colorado. When disclosures conflict with actual activity, that tension can shift focus during review.
In practice, that may place more weight on records, transaction history and supporting documents. At this stage, careful attention to details like account statements, transfer patterns and income sources can help clarify what the disclosures show and what they may leave out.]]>On Behalf of J.P. Martin Law Group<![CDATA[3 ways a DUI can affect your career in Colorado]]>https://www.jpmartinlawgroup.com/?p=468232026-03-09T16:19:56Z2026-03-09T16:19:56ZFacing a DUI for the first time can feel frightening. You may worry about how this charge could affect your work now and in the future. In Colorado, a DUI can have consequences that reach beyond fines and license suspension. Understanding what to expect can help you navigate your job and career concerns.
1. It can influence current job duties
Some jobs require you to drive or hold certain licenses. If your work involves a commercial driver’s license or other state-regulated licenses, your employer may need to adjust your duties. In Colorado, a DUI often has two tracks: the criminal case in court and a separate administrative action at the DMV that can affect your license.Even if you do not drive for work, your employer may review safety or policy requirements to ensure compliance. Changes do not always mean losing your job, but they can affect your daily responsibilities.
2. It may affect professional reputation and advancement
A DUI can influence how coworkers and supervisors view you. In industries common in Colorado, such as oil and gas or healthcare, employers may consider a DUI a risk factor, which can affect future raises, promotions or client-facing roles.How much a DUI matters varies by employer and industry, but understanding the potential impact can help you manage your professional image.
3. It could impact future employment opportunities
A DUI can appear in background checks or licensing reviews. In Colorado, some positions require disclosure of criminal charges, including jobs that need federal or state licenses or insurance-sensitive roles.However, many employers follow “ban-the-box” rules that limit when they can ask about your criminal history. Common things to keep in mind include:
Background checks may show convictions for DUI, depending on the type of check and record source
Licensing boards may require you to report a DUI and failing to report when required can be a separate issue
Insurance-related positions may have requirements about driving offenses
Being aware of these factors can help you plan your career path and understand how the charge may appear to future employers.
Protecting your work and future
A first-time DUI does not automatically end your career. Legal support may give you options for addressing your case while maintaining employment. Ultimately, knowing how a DUI can affect your work lets you prepare and make informed decisions about your next steps.]]>On Behalf of J.P. Martin Law Group<![CDATA[Who gets the kids? 3 things to know about divorce and custody]]>https://www.jpmartinlawgroup.com/?p=468212026-01-30T15:38:13Z2026-01-30T15:38:13ZThe divorce process is a challenging one that brings about all sorts of emotions. But ending a marriage when children are involved can be extremely overwhelming. Questions about custody often cause the most worry and heartache. Understanding how courts decide custody and how you can plan for your child’s well-being can make this process less intimidating. Here are three things to keep in mind about divorce and child custody.
1. Custody is about the child’s best interests
Courts focus on what will keep children safe, stable and emotionally healthy. They consider a child’s health, schooling and relationships with each parent. Showing that you provide a stable home, emotional support and daily care strengthens your case. Keeping records of your involvement in daily activities and routines can also help.
2. Types of custody
Legal custody means making decisions about education, healthcare and religion, among other things. Physical custody decides where a child lives and where they spend most of their time. Parents can share both types of custody, or one parent may have primary physical custody with the other having visitation. Knowing these differences helps parents create arrangements that keep children secure while maintaining meaningful contact with both parents.
3. Flexibility and co-parenting plans
Courts prefer plans that reduce conflict. A detailed co-parenting plan can cover schedules, holidays and responsibilities. Flexibility is important as children’s needs change as they grow. Being willing to adjust and communicate shows you put the child first.
Plan ahead to protect your child
Custody decisions are never simple. Guidance from an experienced family law attorney can help you understand your rights and options. By understanding these factors, you can manage this transition with your child’s best interests in mind. ]]>On Behalf of J.P. Martin Law Group<![CDATA[Why timing matters after a DUI stop in Colorado]]>https://www.jpmartinlawgroup.com/?p=468192026-01-12T04:15:15Z2026-01-12T04:13:25ZInitial stop phase activating procedural consequences
During the stop, an officer may request documents, ask questions, administer roadside tests or proceed toward arrest-related testing. Colorado’s express consent rules generally connect driving to agreement for a chemical test after lawful arrest.
State law may also require cooperation so an officer can attempt to collect a breath or blood sample within two hours of driving. These early time markers can later matter because reports and test records often depend on sequence and duration.
Colorado runs a Department of Motor Vehicles (DMV) process separate from the court process. Your license status can move before any court date occurs. You generally have up to seven days to request a DMV hearing after receiving a revocation notice.
An officer often issues that notice after a breath test or a refusal. If you choose a blood test, DMV may send the notice by mail, and the seven-day window may begin upon receipt. You may reduce the chance of missed steps by taking the following actions:
Marking the seven-day deadline on a calendar
Keeping every page received, including envelopes
Submitting the hearing request without delay
Each step focuses on timing and helps you stay oriented during an early, fast-moving phase.
Early DUI case development can benefit from timely attention. Memory can fade. Additionally, witness access can change.
Videos, logs and testing paperwork may contain precise time references. Prompt review can help you identify gaps or delays that may later influence your interpretation.
What timing can change from here
After a DUI stop in Colorado, timing may affect more than awareness. Missed deadlines can lead to a license suspension taking effect before review. Late action may limit access to a DMV hearing or reduce the issues you can address.
Delays can also affect what records, videos or testing details remain available. Paying attention to early time frames can help you assess these risks and decide what deserves attention next.]]>On Behalf of J.P. Martin Law Group<![CDATA[Understanding child support payment processes in Colorado]]>https://www.jpmartinlawgroup.com/?p=468172025-12-15T06:10:45Z2025-12-15T06:09:22ZWhat is the most common way to collect child support payments?
The Colorado Child Support Services (CSS)’s most common payment collection method is through income assignment. In this process, the CSS issues a notice of income withholding to the employer of the non-custodial parent (NCP).
Aside from the required child support amount, the document will also contain other vital details such the date of payments and where they must be forwarded to.
If my child support case is sent to another state, how long will it take to start receiving payments?
If your child support case is sent to another state, it will take an average period of 90 days to open and process. While each family’s situation is unique, there are key elements that can influence the amount of time it takes to start receiving your support payments.
For instance, if your NCP still needs to undergo genetic testing for establishing parentage, their DNA test and result may take time to process. After the completion of this step, the other state’s CSS division will serve them with the paperwork for your child support.
How does the Family Support Registry (FSR) process payments?
In Colorado, child support payments that are managed by local county child support offices are processed by the FSR. Generally, if you send your payment on a regular banking day, it gets processed in real time and is reflected on your FSR account the following business day.
By understanding your rights and learning about Colorado’s child support payment processes, you can make informed decisions that can help prioritize your children’s welfare.]]>