Stephen J. Plog
- Family Law
Jurisdictions Admitted to Practice
|Plog & Stein P.C.|
|Quinnipiac University School of Law - Quinnipiac University||J.D.|
|Honors: American Jurisprudence Award, Legal Writing|
|New Mexico State University||B.A.|
|Honors: Also completed coursework towards general government degree and supplemental pre-law minor.|
|Member, Douglas/Elbert Bar Association|
|Member, Colorado State Bar|
- Overall: 32nd
- This Year: 46th
- Last 30 Days: 203rd
- Last 7 Days: 175th
- Overall: 65 Answers
- This Year: 20 Answers
- Last 30 Days: 9 Answers
- Last 7 Days: 9 Answers
Q: Is there a law in Colorado that prevents a child from sleeping in the same bed as their parent after a certain age?
A: There is not a specific law prohibiting this behavior, though some courts and experts do frown upon this from a developmental/independence standpoint.
Q: Im a stay at home dad full time student,my fiancée wants to leave me, can I get full custody and spousal support?
A: If she is just your fiancee, you cannot get spousal support. If she is your wife, depending on the financial circumstances, you may be able to. In terms of your children, not sure what you mean by full custody? If you mean primary residential status, that will also depend on the circumstances. In this day and age, if she is a good mom and is available, it is quite likely you would end up with 50/50 time. If you are talking about decision making, or what used to be termed legal custody, it is likely that would be joint. Your past domestic violence could be a factor, but shouldn't affect parenting time with your kids. Just being a stay at home dad does not really give you an advantage, other than not having to prove your parenting abilities.
Q: My ex moved away with my son - he was 2 at the time. He's now 7 and I am getting remarried. She's keeping him from me.
A: If you have a Colorado case and Colorado orders, you would need to file a motion to enforce parenting time pursuant to CRS 14-10-129.5. If there are no orders in place, unfortunately you would need to file a case for custody or visitation in the state where she resides.
Q: The house was rewarded to me, but my ex wife refuse to move out. What do I need to do?
A: There are various options. You might file a separate eviction action in county court. You might also file a motion to enforce the orders with the court, including a request for costs and attorney fees. You could also file contempt of court in a remedial sense. If she refuses to comply, the court could put her in jail, which would get her out of the house.
Q: My Ex pays $500(for the next 12 months) which goes to the mrtgage payment. If I rent out the house, can he stop paying?
A: If the orders indicate he is to pay the $500 per month, that is what he needs to do. If you rent the house, the $500 can still go towards the mortgage. He does not have the ability to just say he's not going to pay.
Q: Ex-wife won't reimburse for half our sons emergency bill. She knew he went & its in our parenting plan. What do i do?
A: If there are orders in place indicating that you are to split such expenses you can either file contempt proceedings or you could file a motion asking the court to convert her amount owed to you to a judgment, then, if granted, seek to garnish her wages, offset it from child support, etc. You would need to make sure you followed the specifics of your orders in terms of providing her proof, notification of the procedure, etc. If not an elective procedure, a court will likely make her reimburse you. You would not need to mediate unless your orders say you must prior to filing a motion with the court.
Q: Im in colorado my mother has my child can i take her ?
A: If there are no court orders in place granting your mother custody, you should be able to just take your child. If your child has been in your mother's care for a significant time, she may be able to file a custody case and initially have the child brought back. That being said, in a general sense, you absolutely have a right to have your child with you. You may need to seek the assistance of law enforcement to help. They don't always want to get involved.
Q: Do I have any legal recourse if my ex is teaching our two year old son to call his wife momma?
A: Most courts would have concern that this is one of the first steps in alienating behavior. However, you would need to be able to prove to the court that he is doing this, keeping in mind that your child's statements alone are hearsay. If you can prove he is doing this, a court might be inclined to enter an order indicating the behavior has to stop. Him doing this alone will not be a great surprise to a court, as sadly courts see these types of things. If he admits to in writing, such as in email, that would be considered a piece of evidence which would help your cause.
Q: When my daughter is with her father, his new girlfriend is parenting, not him can I get parenting time changed
A: Getting parenting time changed under these circumstances will depend on a wide array of factors. How old is the child? Is the fact that the girlfriend, not the father, is parenting upsetting the child? How often or what percentage of the time is he not there? In theory, under case law, he has the right to have the child in the care of whom he choses during his time. However, if this arrangement is negatively affecting your daughter a court might listen to a request to modify parenting time.
WEBSITES & BLOGS
Website: Stephen J. Plog's Website Profile
Website: Plog & Stein P.C. Website
Blog: Denver Divorce Attorney Blog
COLORADO CHILD SUPPORT: 2014 CHANGES Gifts and Property Division During a Colorado Divorce Colorado Custody: Pregnancy, Birth, and the U.C.C.J.E.A. When May Non-parents Petition for Parental Responsibility in Colorado? Avoiding Problems in Colorado Restraining Order Cases (Part 2) Avoiding Problems in Colorado Restraining Order Cases (Part 1) What Does The New Colorado Maintenance Law Say? Division of Property During Divorce in Colorado When is Child Support Terminated or Modified in Colorado?