The Pueblo County Judicial Building at the corner of West 10th and North Grand Avenue.

The Pueblo Combined Courts are located downtown in the Pueblo County Judicial Building (pictured), at 320 West 10th Street, at the corner of West 10th Street and North Grand Avenue. With all due respect to the people of Pueblo County, the Judicial Building is a rather depressing structure that resembles a giant Kleenex box. It is definitely a case of function over form. The exterior design would not be all that bad, except that it is impossible not to compare it with the old Pueblo County Courthouse, pictured below, which is one block to the east.

Pueblo County is not as populous as El Paso County, and so the courts are not as busy or congested. There appears to be adequate parking in the vicinity of the courthouse. The entrance of the building is on the north side, where you will encounter court security officers. If you have business in the Judicial Building, make sure you arrive early enough to find a place to park, make it through security, and locate your courtroom or office.

Despite its name, the (old) Pueblo County Courthouse no longer houses district or county courtrooms.

It won’t be too long before the Combined Courts of Pueblo County get to move out of the homely Judicial Building: ground was broken for the new Pueblo County Courthouse in February of 2012. The new courts building will be located at West 4th Street and North Elizabeth. A YouTube video chronicling the construction can be found at the following link: Pueblo County Courthouse Construction Update by josseppie.

I am pleased to represent residents of Pueblo County. If you need a lawyer in Pueblo County, give me a call today.

Author Quentin Fottrell identifies three dangers. First, users who would otherwise remain faithful to their spouses can easily become tempted by the people they interact with online. “The social network is different from most social networks or dating sites in that it both re-connects old flames and allows people to “friend” someone they may only met once in passing.”

Second, even if an affair was not caused by social media, Facebook may lull users into a false sense of security, where they feel safe to post information that might tip off a significant other. “It could be something as innocuous as a check-in at a restaurant, he says, or a photograph posted online.”

Finally, when couples find themselves in divorce court–whether there was an affair or not–information from social media can and will be used as evidence to determine child support, alimony, and even custody. The article quotes attorney Randy Kessler, the current chairman of the family law section of the American Bar Association, that “any pattern of behavior that’s recorded on Facebook relating to parenting skills, excessive partying or even disparaging remarks about a spouse that violates a court order could be admissible in court.”

I encourage you to read the entire article, and to exercise extreme caution in your social media activities.

According to law professor Eugene Volokh, marriage is indeed a form of contract.

So marriage is a contract, and has long been described as a contract, but it’s a very peculiar kind of contract that has its own special legal rules. To ask whether marriage is “technically” a contract doesn’t make much sense, because it presupposes a single unique meaning for the term “contract.” If by contract you mean “a contract as typically defined at law,” which is to say a contract that has most of the legal consequences that a typical contract has, then the answer is “largely not,” because marriage contracts have such specialized legal consequences. If by contract you mean “something the law has typically labeled a contract,” the answer is “probably yes,” simply because “marriage contract” has long been a common term. If by contract you mean “a mutual agreement that the law treats as binding as a consequence of the parties’ having agreed to it,” then the answer is “yes.”

Read the whole thing.

A statue of America the Beautiful author Katharine Lee Bates looks beyond the El Paso County Courthouse to Pikes Peak.

If you have a case set at the El Paso County Courthouse–or perhaps you are a witness or have jury duty–you should arrive early enough to find a parking space, make your way through building security, and find the location of your courtroom. The main entrance is shown in the photo above and is on the east side of the building facing Tejon Street. There is an entrance on the south side of the building, but it is only for attorneys and court staff who have an identification badge issued by the Fourth Judicial District.

The courthouse has two main wings–the older south wing and the newer west wing. Rooms located in the south wing have room numbers beginning with “S”, and rooms located in the west wing have room numbers beginning with “W.” Division courtroom assignments are listed on signs and monitors in the main lobby. There is an information desk in the lobby of the south wing.

Kirk Garner’s Colorado Springs law office is located in The Downtown Executive Center, 422 E. Vermijo, just three blocks east of the courthouse. If you need a lawyer in El Paso County, give Kirk Garner a call today!

Courts will usually send a family law case to mediation prior to trial.

Before your family law case goes to trial, the judge will probably require you to mediate. Mediation is a form of alternative dispute resolution–”alternative” meaning that it is an attempt to resolve the dispute without having to resort to trial.  In mediation, the parties meet with a neutral third-party, usually but not always an attorney, who is trained to help parties resolve their differences.   The mediator will meet with each side–usually in separate rooms–and will go back and forth between the parties to gather information and convey offers and counter-offers.  Mediators are useful because they help the parties find common ground.  They will also provide valuable feedback about the strengths and weaknesses of your case.  Hence, even if you don’t settle the case, you will have gained insight into your case that will help you prepare for trial.

The mediation process is entirely voluntary:  no one will force you to settle the case if you don’t agree to the settlement, and no one is going to decide the case for you.  If the parties are unable to reach an agreement, they simply walk away and prepare for trial.  However, if the parties are able to resolve the dispute, it is likely that the parties will save significant time and money–not to mention the emotional investment–that it would otherwise take to prepare for trial.

In future posts, I will discuss more tips to help increase the likelihood that your mediation will be successful.  In the meantime, if you have a question about the mediation process, feel free to leave a comment.

You don't have to leave Teller County to find a good lawyer.

A number of attorneys have an office in Woodland Park, but only a few handle family law cases and general civil litigation. I have over fifteen years experience helping small-town, rural folks with their legal problems. From divorce and child custody cases to small claims court to probate and wills, I have the experience and know-how to handle your case. So whether you live in Cripple Creek, Victor, Florissant, Divide, Crystola, or Woodland Park, call me today to schedule an appointment. You won’t regret it.

Classes for both El Paso and Teller Counties are held in Colorado Springs, in the jury assembly room, Room W113, of the El Paso County Courthouse, 270 South Tejon. The courses are held three times per month, from 5:30 p.m. to 7:30 p.m. on the second and fourth Wednesdays of each month, and from noon to 2:00 p.m. on the third Friday of each month. Reservations are not required, but you should arrive early enough to find parking, go through building security, and locate the classroom in time to register. If you arrive more than 10 minutes late, you will not receive credit. Bring your case number to make sure you get proper credit.

Please note that you are not permitted to bring children with you to the parenting seminar. For the Friday class only, babysitting is available through Court Care; however, you must call ahead and make a reservation for your children. The Court Care office may be reached at (719) 442-1972.

If your case is filed in El Paso or Teller Counties, there is no extra charge to attend the CFIT Seminar, as a fee is charged as part of your filing fees. However, if you are attending the Colorado Springs class for a case filed outside of El Paso or Teller Counties, then you will have to pay a fee of $25.00 to obtain credit.

The class consists of three videos: the first film describes the court process, including the terms and concepts involved in the allocation of parental responsibilities; the second video describes co-parenting; and the third details the effects of divorce on children. This is a valuable seminar: you will learn important information that will help you make your divorce or separation as easy as possible for your children.

If you have children are considering divorce or a suit for the allocation of parental responsibilities, call the Law Office of Kirk Garner today to discuss your legal rights and remedies.

Kirk Garner is licensed in Colorado and Texas.

Kirk Garner practiced law in Texas for nearly 15 years. He had a general, small town practice, handling family law, probate, civil litigation, and personal injury cases.

If you need advice on a pending Texas case, give the Law Office of Kirk Garner a call today. Likewise, if you have a case that is being transferred from Texas to Colorado–or vice versa–Kirk Garner can help you interpret the orders, decrees, and pleadings from one state to the other. If you are served with papers from a Texas lawsuit, make sure you get legal advice. Texas may not have jurisdiction over you or your case. If you appear in a Texas court or fail to file a special appearance, you may give Texas jurisdiction. Don’t accidentally waive your right to be sued in your home state: call Kirk Garner to discuss your case today.

Teller County Courthouse in Cripple Creek

This is the Teller County Courthouse, in Cripple Creek, Colorado.

I love old, historic courthouses. Give me a courtroom in an old courthouse any day. Tall ceilings, wood floors, big windows and creaky doors. I love it! If only the walls could speak, just think of the stories they could tell: about disputes resolved, sentences handed down, and justice served throughout the years.

The old courthouses were built when it was important to have natural lighting. It was a practical design, due to the poor illumination provided by early electric lights or gas lights. Not so with most modern-day courtrooms. Most have removed all windows, so as not to distract jurors, witnesses, or the lawyers. Most newer courtrooms are lit with florescent bulbs. If you didn’t look at the clock on the wall, you would have no idea what time it is. 9:01 a.m. looks just the same as 4:45 p.m. I tell you it is depressing! The body needs light. Your internal clock needs the light to be able to adjust its circadian rhythms throughout the day. The absence of natural light leads to depression and, I think, may make judges and lawyers irritable and impatient. Thank goodness for the the good old courthouses like we have in Teller County.

Lighting may be abundant, but oxygen is not. The Teller County seat is 9,500 feet above sea level; nearly two miles above the ocean! The air is thin and dry, and we love it! There are chairs in the courthouse hallways so the lawyers from out-of-town can sit and catch their breath.

If you need a lawyer in Teller County, call an attorney with an office in Teller County: call Kirk Garner today.

In Colorado, child support is governed by section 14-10-115 of the Colorado Revised Statutes. This long and complicated section contains guidelines for child support based upon the income of the parents and the amount of parenting time exercised by each parent. While the amount of support will vary depending on the circumstances of the parties and children, the code contains a formula to calculate the child support that is presumed to be in the best interest of the children. A Microsoft Excel spreadsheet containing the formula is available from the Colorado State Judicial Branch, and can be found here– Child Support Worksheet. Instructions on how to fill out the worksheet can be found here– Instructions.

There are two major elements to the child support formula: the parties’ relative income and the amount of time each parent spends with the children. The guidelines will also consider other factors, including the number of other children for which one of the parents owes a duty of support, extraordinary medical expenses, day care expenses, and the cost of health insurance.

With respect to the parties combined income, gross incomes generally include all full-time income from each parent. Some exceptions apply. For instance, overtime is sometimes included in a child support calculation, but sometimes it is not included; it depends whether the job requires overtime or not. As a general rule, a party is not required to work more than one full-time job to support his or her children. If a party is unemployed or underemployed, the Court may treat that parent as though they were working full time at a job for which they were qualified. For example, an executive capable of earning $100,000 per year who would be able to find work in her profession would not be able to quit her job and go to work flipping burgers for minimum wage in order to lower her child support. If she did that then the Court would probably calculate child support as though she were earning up to her potential. If a parent is able-bodied, then absent good cause the Courts will presume that they are capable of earning at least minimum wage and working forty hours per week. Other exceptions and rules apply. Contact the Law Office of Kirk Garner or another attorney of your choice to obtain legal advice.

As stated above, the child support guidelines will also take into account the amount of parenting time that each parent spends with the children. Parenting time is calculated by adding the number of times per year that the children spend with each parent. If the children spend fewer than 92 nights with one parent, then child support is not affected. As the parenting time becomes more equal, and the children spend more than 92 nights with each parent, the amount of child support starts to equalize between the parents. The unfortunate effect of the equalization is that one parent or another may seek more overnight periods of possession than they are really prepared to handle just so that they can lower their child support obligation. Likewise, the other parent may seek to unfairly limit the other parent’s visits to increase the amount of support they receive. Nevertheless, I believe that Colorado’s method of calculation is better than other states’ that only consider the income of one parent.

Child support is generally payable until a child reaches nineteen years old or graduates from high school, whichever occurs later. Child support may terminate earlier in certain circumstances. The law does not require a parent to provide financial support for a child after age nineteen. Thus, parents are not required to pay for their children’s college education.

If you have questions about how much child support you can expect to receive or pay upon divorce or separation, please call Kirk Garner today to set up an appointment!