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Court Appointed Maintenance Motion
Summary
In Colorado, to request court-appointed maintenance fees, outline your case history, including your ex-husbands increased income and refusal to pay maintenance. Highlight any perjury, defrauding, or hidden assets. Cite relevant laws and argue for the necessity of maintenance fees. Courts can order mediation to encourage settlement but cannot force an agreement. Unconscionability in contracts involves terms that are excessively unfair, considering both procedural and substantive aspects.Full Conversation
what are rules of unconscionability?
Unconscionability in contract law refers to terms that are excessively unfair or oppressive. In Colorado:
- A contract is unconscionable if it is so one-sided that it shocks the conscience.
- Courts consider both procedural (impropriety during the negotiation) and substantive (unfair terms) unconscionability.
- The presence of both types strengthens the case for unconscionability.
Do you need more information on how this might apply to your situation?
- A contract is unconscionable if it is so one-sided that it shocks the conscience.
- Courts consider both procedural (impropriety during the negotiation) and substantive (unfair terms) unconscionability.
- The presence of both types strengthens the case for unconscionability.
Do you need more information on how this might apply to your situation?
can a court force you into mediation?
In Colorado, courts can order parties to participate in mediation in certain cases, including family law disputes. Mediation is used to encourage settlement and reduce court backlog. However, the court cannot force you to reach an agreement during mediation.
Is there a specific aspect of mediation you are concerned about?
Is there a specific aspect of mediation you are concerned about?
we've already participated in mediation. can they force you to re mediation.
Case Rating: *
In Colorado, courts can order parties to participate in mediation more than once if it is believed that further mediation may help resolve the issues. However, they cannot force you to reach an agreement during mediation.
Is there a specific reason you are concerned about being ordered to mediate again?
In Colorado, courts can order parties to participate in mediation more than once if it is believed that further mediation may help resolve the issues. However, they cannot force you to reach an agreement during mediation.
Is there a specific reason you are concerned about being ordered to mediate again?
what are the laws concerning fairly dividing assets at a temporary orders hearing when the wife is disabled and lost her job working for the family business
Case Rating: *
In Colorado, during a temporary orders hearing, the court considers various factors for fairly dividing assets, especially when one spouse is disabled and has lost their job:
- The financial resources of both parties.
- The standard of living established during the marriage.
- The duration of the marriage.
- The age, physical, and emotional condition of the spouse seeking maintenance.
- The ability of the paying spouse to support themselves while paying maintenance.
Do you need more details on how these factors might specifically apply to your case?
In Colorado, during a temporary orders hearing, the court considers various factors for fairly dividing assets, especially when one spouse is disabled and has lost their job:
- The financial resources of both parties.
- The standard of living established during the marriage.
- The duration of the marriage.
- The age, physical, and emotional condition of the spouse seeking maintenance.
- The ability of the paying spouse to support themselves while paying maintenance.
Do you need more details on how these factors might specifically apply to your case?
yes, how can I word that into a motion to receive basic maintenance when the husband has refused to pay for over 5 years and slandered the wife's credit and sues the wife in fraudulent slander cases to keep her destitute so she cannot afford man attorney ?
Case Rating: *
Here’s a basic outline for the motion requesting basic maintenance:
*. Title: "Motion for Basic Maintenance"
*. Introduction:
- State your name and your ex-husband's name.
- Mention the case number and the court where your case is being heard.
*. Background:
- Briefly describe the history of your case, including the divorce and property settlement issues.
- Mention your ex-husband's increased income and refusal to pay maintenance.
*. Facts:
- Detail your ex-husband's slander and fraudulent actions against you.
- Explain how these actions have affected your financial stability and your inability to afford an attorney.
*. Legal Basis:
- Cite relevant Colorado laws that support your request for maintenance fees.
- Mention any previous court orders or findings related to your case.
*. Argument:
- Explain why basic maintenance is necessary for your financial stability.
- Highlight your ex-husband's ability to pay, given his increased income.
*. Conclusion:
- Request the court to order your ex-husband to pay basic maintenance.
- Include any other relief you seek from the court.
*. Signature:
- Sign and date the motion.
- Include your contact information.
Is there anything specific you would like to add or modify in this outline?
Here’s a basic outline for the motion requesting basic maintenance:
*. Title: "Motion for Basic Maintenance"
*. Introduction:
- State your name and your ex-husband's name.
- Mention the case number and the court where your case is being heard.
*. Background:
- Briefly describe the history of your case, including the divorce and property settlement issues.
- Mention your ex-husband's increased income and refusal to pay maintenance.
*. Facts:
- Detail your ex-husband's slander and fraudulent actions against you.
- Explain how these actions have affected your financial stability and your inability to afford an attorney.
*. Legal Basis:
- Cite relevant Colorado laws that support your request for maintenance fees.
- Mention any previous court orders or findings related to your case.
*. Argument:
- Explain why basic maintenance is necessary for your financial stability.
- Highlight your ex-husband's ability to pay, given his increased income.
*. Conclusion:
- Request the court to order your ex-husband to pay basic maintenance.
- Include any other relief you seek from the court.
*. Signature:
- Sign and date the motion.
- Include your contact information.
Is there anything specific you would like to add or modify in this outline?
whaat are the relevant Colorado laws that. support my motion for support?
Case Rating: *
Here are some relevant Colorado laws that support your motion for support:
- Colorado Revised Statutes § *-*-*: This statute addresses maintenance (alimony) and outlines factors the court considers, such as financial resources, standard of living, duration of marriage, and physical/emotional condition of the spouse seeking maintenance.
- Colorado Revised Statutes § *-*-*: This statute deals with the equitable division of marital property and considers factors like each spouse's contribution to marital assets and economic circumstances.
Do you need more details on these laws or how to apply them in your motion?
Here are some relevant Colorado laws that support your motion for support:
- Colorado Revised Statutes § *-*-*: This statute addresses maintenance (alimony) and outlines factors the court considers, such as financial resources, standard of living, duration of marriage, and physical/emotional condition of the spouse seeking maintenance.
- Colorado Revised Statutes § *-*-*: This statute deals with the equitable division of marital property and considers factors like each spouse's contribution to marital assets and economic circumstances.
Do you need more details on these laws or how to apply them in your motion?
If the husband has been found guilty of perjury because of lying about the income, how do you get the court to hold him accountable. Also based on the fraudulent slander suit and the slander of wife credit, can this be called obstruction of justice when the husband just refuses to comply with court orders and continues to lie about the income?
Case Rating: *
To hold your ex-husband accountable for perjury and non-compliance with court orders:
- File a motion for contempt of court outlining his perjury and continuous non-compliance.
- Provide evidence of his actions and any financial impact on you.
- Request specific enforcement actions, such as fines or jail time.
Obstruction of justice typically involves interfering with legal proceedings, but it might not apply directly to your situation. However, his actions could strengthen your contempt motion.
Would you like more detailed guidance on filing a motion for contempt?
To hold your ex-husband accountable for perjury and non-compliance with court orders:
- File a motion for contempt of court outlining his perjury and continuous non-compliance.
- Provide evidence of his actions and any financial impact on you.
- Request specific enforcement actions, such as fines or jail time.
Obstruction of justice typically involves interfering with legal proceedings, but it might not apply directly to your situation. However, his actions could strengthen your contempt motion.
Would you like more detailed guidance on filing a motion for contempt?
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