Divorce at Altitude: A Podcast on Colorado Family Law

Divorce at Altitude: Business Partners and Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the complexities that arise when business partners go through a divorce in Colorado. He discusses important legal considerations for co-owners of a business, like Eric and Melanie Wolfe, who are not only spouses but also business partners in a software company. Ryan explains the legal implications of how the business should be handled during a divorce and what steps both parties need to take to protect their interests.

Episode Outline

Business Ownership and Divorce in Colorado
Ryan explains Colorado's public policy against co-owning a business after divorce, highlighting how courts address disputes over who gets the business.

Timing and Strategy in Business Decisions
The importance of taking time to think through business decisions during a divorce. Ryan advises Eric and Melanie to avoid knee-jerk reactions when it comes to dividing the business.

Involving Employees and Suppliers
The best practices for managing employees, suppliers, and clients during a divorce. Ryan emphasizes discretion and recommends a business coach or arbitrator to help navigate communication with staff.

Avoiding Personal Affairs Affecting the Business
The impact of personal issues, such as an affair, on the business and why it’s important to refrain from involving employees in personal matters during a divorce.

Transparency in Business Operations
Ryan highlights the importance of transparency in business decisions and advises Eric to loop in Melanie when making key business decisions during the divorce.

Preventing Business Dissipation
The risks of intentionally running down the business to gain an advantage in the divorce and how it can hurt both parties in the long term.

Maintaining Business Records
Ryan stresses the importance of keeping clear business records, ensuring transparency, and keeping an accountant in the loop during a divorce.

Private Judges and Arbitration for Business Divorce
Ryan discusses the benefits of hiring a private judge or arbitrator for cases involving business ownership, ensuring confidentiality and providing more time for critical issues.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Dealing with Work Product Experts in Parenting Evaluations

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Dr. Andrew Loizeaux, a licensed clinical psychologist, to discuss the role of work product experts in parenting and custody evaluations. They explore how work product reviews can identify strengths and weaknesses in child and family investigator (CFI) reports, and how these reviews are used in custody cases to support or challenge recommendations.

Dr. Loizeaux, with over 30 years of experience and 400+ parental responsibility evaluations, explains how work product experts analyze CFI and parenting evaluation reports. He highlights how these experts examine whether the evaluator followed proper procedures and whether their recommendations align with the court's standards and questions.

Guest Information

Dr. Andrew Loizeaux is a licensed clinical psychologist based in Colorado, specializing in parental responsibility evaluations. He has conducted over 400 child and family investigations and has been an expert witness in many family law cases. Dr. Loizeaux is also known for training child and family investigators and has extensive knowledge of the ethical standards in family law.

Episode Outline

What is a Work Product Expert?
Dr. Loizeaux defines the role of a work product expert and how they evaluate CFI and parenting evaluation reports.

The Work Product Review Process
An overview of how work product experts analyze the report, look at the underlying data, and identify weaknesses in the recommendations.

Options After an Adverse Report
Dr. Loizeaux explains how clients, such as Eric Wolf in a hypothetical case, can challenge a CFI report, including petitioning the court or requesting a supplemental evaluation.

Common Mistakes in Parenting Evaluations
Discussion on common errors in reports, such as failure to apply the correct legal criteria or the use of overly broad recommendations.

Instructional Experts in Family Law
The role of instructional experts in providing guidance on complex family law issues like relocation and substance abuse monitoring.

When to Hire a Work Product Expert
Dr. Loizeaux offers advice on the best time to bring in a work product expert and how they can support your case.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

The Impact of Taxes on Property Valuations in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya explores how taxes can significantly impact property valuations in a Colorado divorce. Using a hypothetical example involving Eric and Melanie Wolf, Ryan explains how transfers of property, including real estate and retirement accounts, can be taxed, and how this affects the divorce process.

He provides clarity on important tax-related issues, such as the tax basis of property being transferred in a divorce, the potential for hidden tax liabilities in stock portfolios, and the complexities surrounding retirement accounts. Ryan also dives into tax loss carryforwards and various types of tax implications, helping listeners understand how taxes play a crucial role in property division during divorce.

Episode Outline

What is a Taxable Event in Divorce?
Ryan explains when a transfer of property between spouses is not considered a taxable event and when tax implications arise in Colorado divorces.

How Taxes Affect Property Valuations
Discussion of how the tax basis of transferred property, such as a down payment on a house or stock portfolio, affects the valuation process in a divorce.

The Role of Gift Tax and Written Agreements
Ryan talks about the importance of having a written agreement and the role of gift tax considerations in determining whether money or property is a gift or a loan in divorce cases.

The Impact of Retirement Accounts and Pensions
Ryan discusses how taxes apply to retirement accounts like 401(k)s and pensions in a divorce and how these can affect the overall financial settlement.

Hidden Tax Liabilities in Investments
Understanding how capital gains taxes, depreciation, and other factors affect the value of investments, such as real estate or stocks, during divorce.

Tax Loss Carryforwards in Divorce
Ryan explains the concept of tax loss carryforwards and how these can impact the financial settlement in a divorce, especially for business owners or those with significant investments.

When to Involve Expert Witnesses
Ryan emphasizes the importance of expert witnesses, such as tax professionals and valuation experts, to help navigate complex tax-related issues in divorce cases.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Following Episode 91 on PREs, this week, we are talking about Child and Family Investigators (CFIs). We are honored to have attorney CFI, Erika Gebhardt, here to talk us through this arm of the court and outline the process that follows from the time she takes on a case.

For the first five years of her practice, Erika focused almost exclusively on litigating family law matters, during which time she realized that she was passionate about cases involving children. She then became a CFI and is trained in the collaborative dissolution process. She is also a Parenting Coordinator and Decision-Maker (PCDM), as well as a Child Legal Representative (CLR).

She currently runs a medium-sized family law firm, Gebhardt Emerson Moodie Bonanno, LLC, and focuses her efforts on creative solutions for families rather than taking their issues into the courtroom, where a judge must decide, in a relatively short space of time, on issues that can have significant long-term consequences on a child’s wellbeing. In today’s episode, we dive into the details: hear the difference between a CFI and a PRE, the fees and cap of a CFI, and how the report and recommendations function, as well as how relocation cases work, and so much more! We hope you’ll join us for another informative episode aimed at helping you navigate divorce, separation, and co-parenting in Colorado.

Key Points From This Episode:

• What a CFI is and how they differ from a PRE.
• Erika talks us through the process that follows after she is appointed to a case.
• Balancing out any potential bias that's created by who she meets with first. 
• The intake packet she works with and the witnesses that could be called. 
• How neutral collaterals like teachers and counselors are often the most helpful to the judge. 
• How Erika discerns additional witnesses to give what she needs. 
• Why her firm has two CFIs on each case.
• Setting up the report and recommendations to give both parents something to work with. 
• The ways that CFI investigations are limited when it comes to mental health diagnosis. 
• Discussing the cap on CFI fees and the only times when they go above this.
• The challenges of being a CFI.
• Why attorney CFIs in particular are very sought after.
• Talking about relocation cases and the different ways that that process works. 
• The importance of making sure that your CFI is registered with the county that you're in. 

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

What Happens When a Party Claims Borrowed Money in a Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya dives into the complex issue of when one party in a Colorado divorce claims that they borrowed money from a family member or friend, particularly in relation to large marital assets like a home. Using the example of Eric and Melanie Wolf, Ryan explains how the court will evaluate whether a claimed loan, such as a down payment for a home, is a legitimate debt or a gift.

The episode covers key factors courts consider, including whether there was a written agreement, interest charged, payments made, and whether collateral was involved. Ryan also discusses how these factors are influenced by IRS guidelines and how Colorado courts adopt them in divorce cases.

Episode Outline

What is a Loan vs. Gift?
Ryan explains the legal difference between a loan and a gift in divorce cases and how courts evaluate claims of borrowed money.

Factors That Influence the Court’s Decision
The court considers multiple factors, such as written agreements, interest charged, and payments made to determine whether money is a legitimate debt or a gift.

The Role of Collateral and Promissory Notes
Ryan discusses how a promissory note or collateral, such as a deed of trust, affects the legitimacy of a loan in a divorce proceeding.

When the Court Considers Statute of Limitations
Ryan explores how the statute of limitations can impact the enforceability of a loan claim, especially if no payments have been made.

Jurisdictional Issues in Divorce vs. Separate Legal Actions
He explains when the divorce court has jurisdiction over loan claims and when separate legal action may be necessary.

Loans Forgiven After Divorce
Ryan touches on situations where loans are later forgiven and the complexities this introduces into the divorce proceedings, particularly when dealing with family loans.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Dealing with Narcissistic Abuse in Divorce: Insights from Tracy Malone

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Tracy Malone, a Boulder-based narcissistic abuse survival coach, author, and founder of Narcissist Abuse Support. Together, they discuss the challenges of navigating divorce when dealing with a narcissist, the tactics narcissists use, and how victims can protect themselves.

Tracy, a survivor of narcissistic abuse, shares her experiences and insights on how narcissists manipulate divorce proceedings, leaving their partners financially and emotionally drained. She emphasizes recognizing narcissistic behaviors early and understanding the different types of narcissists involved in divorce whether overt, covert, or "rich" or "poor" narcissists and how they impact the legal process.

Guest Information:

Tracy Malone is a narcissistic abuse survival coach, author, and founder of Narcissist Abuse Support. As a survivor herself, Tracy educates others on the psychological and emotional aspects of divorcing a narcissist. She offers coaching and resources for victims of narcissistic relationships.

Episode Outline

Understanding Narcissistic Personality Disorder
Tracy explains the different types of narcissists overt, covert, rich, and poor and their impact on divorce, including financial manipulation and abuse.

The Narcissist’s Tactics in Divorce
Explores the tactics narcissists use in divorce, such as stonewalling, financial manipulation, and false allegations.

The Victim’s Experience: Gaslighting and Emotional Abuse
Tracy discusses how narcissists use gaslighting and emotional abuse to destabilize their partners during divorce, making the process even more challenging.

Fighting Back: Protecting Yourself in Divorce
Advice on how to defend against narcissistic abuse, including recognizing red flags, building a strong legal team, and securing a clear and enforceable divorce agreement.

The Importance of a Support System
Emphasizes the importance of therapy, coaching, and support groups to help victims heal and regain control over their lives during and after a narcissistic divorce.

Moving Forward: Healing from Narcissistic Abuse
Tracy shares tips on self-regulation, emotional healing, and rebuilding life after leaving a narcissistic relationship, focusing on self-love and confidence.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Grandparent Rights in Colorado: Understanding Legal Standing and Custody Issues

In this episode of Divorce at Altitude, Ryan Kalamaya is joined by Joel Pratt, a seasoned family lawyer from Colorado Springs, to discuss the important legal topic of Grandparent Rights. They explore how grandparents can become involved in custody matters, the complexities of standing, and when they can intervene in family law cases, especially during divorce and custody disputes.

Joel provides insights into the legal concept of standing, which refers to a grandparent's ability to request visitation or even custody rights. He breaks down when and why grandparents might have standing, especially when parents are unable or unfit to care for their children.

Guest Information

Joel Pratt is a family law attorney based in Colorado Springs. He specializes in complex family law cases, including grandparent rights, parenting disputes, and complex custody issues. Joel has worked extensively with grandparents seeking visitation and custody, navigating both statutory and constitutional barriers to ensure that children have the support of their extended families during challenging times.

Episode Outline

What is Standing?
Explains the legal concept of standing and its role in grandparent rights cases. Discusses when a grandparent can request visitation or custody rights under Colorado law.

Grandparents' Rights in Different Scenarios
Examples of when grandparents may intervene, such as in cases of parental neglect, drug abuse, or when parents are very young or inexperienced.

The Constitutional Debate
How U.S. Supreme Court ruling in Troxel v. Granville influences grandparent rights. 

Navigating Grandparent Custody Cases
The complexities of grandparent involvement in parenting decisions, including vaccines and other major life choices for children.

Understanding the Role of the Court
When can a grandparent step in to request custody or visitation? A deeper look at how Colorado courts handle these issues and the limitations on grandparent involvement.

Navigating Jurisdictional Issues
Explains how grandparent rights can be impacted by jurisdictional concerns, particularly when parents live in different states.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Future Contingent Beneficiary Interests in a Trust and Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya explains how Future Contingent Beneficiary Interests in a Trust are treated in Colorado divorce proceedings. Using the hypothetical case of Eric and Melanie Wolf, Ryan discusses how trust interests that are contingent on future events—such as the passing of a relative—can complicate property division during divorce.

Ryan breaks down the three main methods used to address these interests: Deferred Distribution, Reserved Jurisdiction, and Net Present Value. He explains each method, including how they impact the division of marital and separate property, and the complexities involved, such as taxes and valuation.

The episode offers insights into how courts approach these issues and how parties might reach agreements to address future trust distributions in a divorce settlement.

Episode Outline

What is a Future Contingent Beneficiary Interest?
Understanding how future contingent interests in a trust are treated in divorce.

Deferred Distribution
How the court might delay property division until a future event (e.g., a relative's passing).

Reserved Jurisdiction
When the court may decide to set aside certain issues and address them at a later time.

Net Present Value
The most common method used to value future contingent interests, involving actuarial tables and financial experts.

Challenges in Valuation
The complexities of estimating future distributions, including estate taxes, return on investment, and the timing of distributions.

When to Seek Expert Help
The importance of valuation and estate experts in accurately addressing trust interests during a divorce.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Parental Responsibility Evaluators and Family Law: A Discussion with Dr. Kate McNamara

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha are joined by Dr. Kate McNamara, a seasoned parental responsibility evaluator with over 35 years of experience, to discuss the role of evaluators in family law cases. Dr. McNamara explains what a parental responsibility evaluator does, the qualifications required, and why their work is critical in high-conflict custody disputes.

The conversation also covers the importance of minimizing conflict, maximizing relationships for children, and prioritizing self-care for parents going through divorce or custody battles. This episode provides valuable advice for family law professionals and individuals navigating high-conflict divorce or custody situations, offering tools for resolution and highlighting the critical role of evaluators in these complex cases.

Guest Information

Dr. Kate McNamara is a licensed mental health professional with over 35 years of experience conducting parental responsibility evaluations. She is involved in national family law associations and is committed to improving the system through education, training, and ongoing professional development. Dr. McNamara is a board member of the Association of Family and Conciliation Courts (AFCC) and has worked with families, courts, and professionals across the country.

Episode Outline

What is a Parental Responsibility Evaluator?
Overview of the role, qualifications, and responsibilities of a parental responsibility evaluator in custody disputes.

When and Why to Appoint an Evaluator
Identifying situations that warrant an evaluator and the alternatives available to families.

Challenges in the Field
Dr. McNamara discusses the dwindling pool of evaluators, the growing demand for their services, and the impact on family law cases.

Minimizing Conflict and Maximizing Relationships
Tips for parents on managing conflict, building positive co-parenting relationships, and supporting children during a divorce or custody battle.

Self-Care for Parents
The importance of self-care and seeking therapy or professional support during high-conflict family law cases.

The Future of Parental Responsibility Evaluations
How changes in legislation and evolving standards are shaping the future of evaluations and the role of evaluators in family law.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Gifts to the Marital Estate and Depletion of Separate Property in Colorado Divorce

In this episode of Divorce at Altitude, Ryan Kalamaya explains two critical concepts in Colorado divorce law: Gifts to the Marital Estate and Depletion of Separate Property. Using the hypothetical example of Eric and Melanie Wolf, Ryan walks listeners through how property, such as a house or inheritance, is treated during divorce.

Ryan covers how property that was originally separate, like Eric's house or Melanie's inheritance, can become marital property based on how it is treated during the marriage. He discusses the common scenario where separate property is converted into joint property and how the court views this as a gift to the marital estate.

On the flip side, Ryan also delves into what happens when separate property is depleted—like in Melanie's case, where her $5 million inheritance is spent during the marriage. He explains how Colorado law factors the depletion of separate property into the division of marital assets and the financial implications for each party.

This episode offers insights into how courts handle property that starts as separate but gets intertwined with the marital estate, providing valuable advice for anyone navigating a divorce involving mixed assets.

Episode Outline

Gift to the Marital Estate
How separate property, like real estate or family money, becomes marital property when jointly titled or used for marital purposes.

Examples of Gifts
Real estate and family gifts treated as marital property in a divorce.

Depletion of Separate Property
How spending separate property, such as an inheritance, affects the division of assets.

Legal Treatment of Depleted Property
Colorado law’s view on depleting separate property and its impact on divorce outcomes.

Key Differences Between Gifts and Depletion
Distinguishing between converting separate property to marital property and spending it during marriage.

What is Divorce at Altitude? 

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. 

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.