Rebecca Pescador

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders

Probate

Probate Administration

Divorce

Collaborative Law, Contested Divorce, Property Division, Spousal Support & Alimony, Uncontested Divorce

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  1 hour, can be done by phone, video, or in person.
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• Rates, Retainers and Additional Information
  Flat fees available for most estate planning services, for adoption services, and some divorce and custody services.

Colorado

Colorado Supreme Court

Since 2001

Guardian ad Litem

Ute Mountain Ute CFR Court

2022 - Current

Appointed by the court to dependency and neglect, juvenile and occasionally divorce/custody cases to represent the best interests of the children.

Owner/Attorney

Whole Family Legal, LLC

2014 - Current

Renamed and rebranded prior law firm, Law Office of Rebecca A. Pescador. This is a continuation of the same firm. Handling estate planning, probate, guardianships/conservatorships, private adoptions, and family law matters.

Owner/Attorney

Law Office of Rebecca A. Pescador

2002 - 2014

Handled estate planning, probate, guardianship/conservatorship, private adoption and family law matters.

Partner

Law Office of Crystal D. Sluyter

2001 - 2002

Handled a wide variety of Colorado State Court matters and some Federal matters. Handled a few matters in other states using the pro hac vice rules.

Willamette University College of Law

J.D. (1998) | Law

1994 - 1998

Provided mediation services to Small Claims Court litigants.

Activities: Alternative Dispute Resolution Certificate Salem Small Claims Court Mediation Program

Willamette University

MBA (1998) | Business, as joint degree program with Law

1994 - 1998

Willamette University

B.A. (1998) | Business Economics

1989 - 1994

Studied 1 semester in Japan

Activities: Study Abroad - Japan

Christian Legal Society

Member

2022 - Current

Colorado Collaborative Divorce Professionals

Member

2020 - Current

Colorado Bar Association  # 250171

Member

2001 - Current

17th Judicial District Senior Law Day Committee

Member

2018 - 2021

Justice and Mercy Legal Aid Clinics

Volunteer

2010 - 2021

Collaborative Law Attorney

Colorado Collaborative Divorce Professionals

2020

Q. What all do I need to file to contest an adoption in Colorado?

May 22, 2023

A: As you have stated it, it is impossible to answer this question. That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it. If it has not been completed, then you would definitely still have time to contest it. What you need to file is very dependent upon your grounds for contesting it. I am assuming that you are one of the biological parents, otherwise you most likely do have have standing and therefore will not be allowed to even be heard. As a very general statement, but the most that can be said in response to the question as posed, you would need to file a response letting the Court know you don't agree with the adoption. You will need to tell the Court why you don't agree and be prepared to provide evidence related to your reason. I strongly encourage you to obtain the assistance of an experienced adoption attorney to proceed with this. While the adoption process is relatively straight forward when there is no contest, a contest makes it a whole different ball game. With stakes this high, you want to be sure you don't make mistakes.

Q. What is the best way to file probate papers for my Dad's estate in Colorado if we can only locate a copy of the will?

May 22, 2023

A: You still file the probate paperwork with the Court. You can file the copy of the Will and the Court will expect you to provide a sworn statement as to what efforts have been made to locate the original and to determine whether there might be a newer one. If the Court is satisfied with the answer, then the probate will proceed using the copy of the Will. If all three of you are in agreement, then that will be helpful. If one of you is contesting the copy of the Will, then the Court will first have to resolve that issue before making a determination of how to proceed. Once that has been determined, then the probate will proceed as usual. There is nothing in the process that makes obtaining the assistance of an attorney mandatory. If you are all in agreement and you are comfortable with formal paperwork, then you may be able to proceed on your own. If one of you is contesting matters or if you are not comfortable with the formal paperwork or the financial responsibilities involved in gathering the assets, paying the bills, and getting the assets transferred to the appropriate beneficiaries, then you will want to hire an experienced probate attorney to assist you.

Q. What happens with the extra money child support takes from your checks when you're paid an 3rd check that month?

May 22, 2023

A: The best way to get a clear answer is to talk to Child Support Enforcement. They can tell you what is going on there. If there are arrears owed, that would be one explanation. Start there. Usually, when child support is garnished, those extra weeks are calculated into it so that the same amount comes out of every check. So when someone is paid every 2 weeks, if the child support order was for $500/month, instead of dividing by 2 and taking $250 every paycheck, they take it to the annual amount and divide by the number of pay periods in a year. If you simply divide by 2, then it would take 24 pay periods to pay the full $6,000 for the year at $250 per paycheck, which works fine if you get paid twice a month. If you get paid every 2 weeks though, then you start with the $6,000 and divide by the number of pay periods in a year, which is 26 when you get paid every 2 weeks, then the amount taken from each paycheck is $230.77. The result is that the recipient is a little short of the full $500 most months, but it all gets made up in those occasions when there is a third check in the month. Over the course of a year, the correct amount is paid and received and the employer gets to take the same amount from each check without having to track whether the whole amount for the month has been paid yet. If you talk to Child Support Enforcement and learn that they have been taking too much out (for example if you owed arrears but those have now been paid off and the garnishment amount has not been updated) then you can ask to have the garnishment adjusted to the current amount and to be credited for the overpayment. Often, you can accomplish this through Child Support Enforcement. If you hit a roadblock, an experienced family law attorney can help you pursue this through the court.

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