Divorce at Altitude: A Podcast on Colorado Family Law

Decision-Making for Children After Divorce in Colorado

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha break down one of the most important parenting issues in a Colorado divorce: how parents make major decisions for their children after separation. While many people still use the word “custody,” Colorado law separates parenting issues into two categories: parenting time and decision-making. Parenting time refers to when the children are with each parent, while decision-making concerns the major choices that shape a child’s life.

Ryan and Amy explain that decision-making covers the big issues, not everyday matters. Day-to-day choices—like what a child wears to school or what they eat for breakfast—are made by the parent who has the child at that time. Decision-making, by contrast, includes major areas such as medical care, education, extracurricular activities, and sometimes religion. Education disputes may include whether a child should attend private or public school, or which school district the child should attend. Medical disputes can involve more significant healthcare decisions, including vaccinations or treatment plans. Extracurricular activities can become especially contentious because they often involve both time and money.

Episode Highlights

What “Decision-Making” Means in Colorado
Colorado uses the term decision-making instead of legal custody and separates it from parenting time.

Major Decisions vs. Daily Choices
Decision-making covers education, medical care, extracurriculars, and sometimes religion—not routine day-to-day parenting.

Joint vs. Sole Decision-Making
Courts can order joint decision-making, sole decision-making, or even split decision-making by category.

Best Interests of the Child Standard
Colorado courts focus on what arrangement best serves the child’s welfare, stability, and long-term needs.

Domestic Violence Matters
A history of abuse, coercion, or control can strongly affect whether joint decision-making is appropriate.

Past Involvement Still Counts
Judges may consider which parent historically handled school, medical, and extracurricular decisions—but parents can also grow into bigger roles after separation.

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.

Voluntary Unemployment, Underemployment, and Imputed Income

In this How-To episode of Divorce at Altitude, Ryan Kalamaya explains the legal concepts of voluntary unemployment, underemployment, and imputed income in Colorado divorce cases. These issues frequently arise when courts determine spousal maintenance (alimony) and child support, because both forms of support rely heavily on each party’s income.

Ryan begins by illustrating common scenarios using the hypothetical divorce clients Eric and Melanie Wolf. For example, Melanie may have been a stay-at-home parent who previously earned a significant income before having children. Once their child starts school, Eric might argue that Melanie is capable of returning to work and earning income again. In another situation, Melanie may be working part-time despite having the education and experience to earn much more. On the other hand, Eric might intentionally reduce his earnings—perhaps by quitting a high-paying job to take a much lower-paying position—simply to reduce the amount of support he must pay.

Episode Highlights

What Voluntary Unemployment Means
A party intentionally stops working or reduces income in a way that affects support obligations.

Understanding Underemployment
A person may still be working but earning significantly less than they reasonably could based on their skills and experience.

What Is Imputed Income
Courts may assign a potential income level to a party when calculating maintenance or child support.

Why Income Matters in Divorce
Support calculations depend heavily on each spouse’s income and earning capacity.

Examples of Imputed Income Situations
Quitting a high-paying job, working part-time despite higher earning potential, or avoiding employment altogether.

Exceptions to Imputed Income
Courts may decline to impute income if someone is pursuing education, training, or a legitimate career change.

Young Child Exception
Parents caring for children under 30 months (maintenance) or 24 months (child support) may not be required to work.

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.

In today's episode, we revisit exploring the sensitive and complex issue of parental alienation in Colorado family law, alongside esteemed guest and family law attorney Jill Coil. Ryan and Jill's discussion opens up the intricate world of how parents can, intentionally or unintentionally, undermine the relationship between a child and their other parent. They dissect various examples, from the overt act of badmouthing to more subtle forms of manipulation, highlighting the critical impact on the child's well-being and the legal nuances involved. 

We delve into the importance of setting aside personal grievances to prioritize the success of the children involved, emphasizing that the goal is to maintain healthy connections with both parents. The conversation sheds light on the need for a well-crafted divorce decree that anticipates and protects against alienating behaviors, and they discuss how to counteract alienation by reinforcing the child's stability and preserving positive perceptions of both parents. Tune in to gain insights into managing the shifting parenting roles post-divorce, the emotional challenges that accompany it, and how to emerge with a stronger, more adaptable approach to co-parenting.

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.

Modifying Spousal Maintenance in Colorado

In this How-To episode of Divorce at Altitude, Ryan Kalamaya explains how spousal maintenance (alimony) can be modified after a Colorado divorce. While many divorce agreements establish maintenance for a fixed amount and duration, life circumstances can change. This episode explores when and how a court may adjust or terminate a maintenance order.

Ryan begins with a hypothetical scenario involving Eric and Melanie Wolf. Suppose Eric agrees to pay $10,000 per month for 10 years in spousal maintenance. What happens if Eric loses his job a few years later? Or if Melanie remarries or starts earning significantly more income? These types of life changes can trigger a motion to modify maintenance.

Episode Highlights

What Maintenance Modification Means
Spousal maintenance orders can sometimes be changed or terminated if circumstances change after the divorce.

The “Substantial and Continuing Change” Standard
Courts require a significant and ongoing change in circumstances before modifying a maintenance order.

Examples of Valid Changes
Job loss, retirement, major income changes, or the receiving spouse earning significantly more money may justify a modification.

Temporary vs. Long-Term Changes
Short-term financial changes usually do not qualify unless they are expected to continue.

Retirement Considerations
If a paying spouse retires after reaching full retirement age, courts may presume the decision was made in good faith.

Timing Matters
Maintenance changes typically apply only from the date a motion to modify is filed, not from when the financial change occurred.

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.

How Alimony Payments Work in a Colorado Divorce

In this How-To episode of Divorce at Altitude, Ryan Kalamaya explains the practical mechanics of how spousal maintenance (alimony) payments are made in a Colorado divorce. While many people focus on how much support is ordered, Ryan highlights that it is equally important to understand how those payments are actually structured and delivered.

Ryan begins by distinguishing between temporary maintenance and permanent maintenance, because the way payments are handled can differ depending on which stage of the divorce the support applies to. Temporary maintenance occurs while the divorce case is still pending, whereas permanent maintenance begins after the divorce is finalized.

Episode Highlights

Temporary vs. Permanent Maintenance
Understanding whether support is temporary or permanent is critical because the structure of payments often differs.

Temporary Maintenance During Divorce
While a case is pending, one spouse may satisfy part of the maintenance obligation by paying shared household expenses directly.

Example of Expense Offsets
If the paying spouse covers a $2,000 mortgage as part of a $5,000 support obligation, they may only transfer the remaining $3,000 to the other spouse.

Flexible Payment Structures
Maintenance payments can be structured monthly or split into multiple payments depending on the payer’s income schedule.

Automatic Transfers Are Preferred
Using bank transfers or ACH payments helps create a clear record and reduces the risk of missed payments.

Post-Divorce Payments Are Simpler
Once the divorce is finalized, the receiving spouse usually manages their own expenses using the maintenance they receive.

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.

In this eoisode of Divorce at Altitude, we revisit a conversation with matrimonial attorney Lisa Zeiderman. She lends her considerable expertise to shed light on the shadowy aspects of financial abuse and manipulation within marriages. Serving as the managing partner at Miller Zeiderman LLP, Lisa's strides into the terrain of financial forensics are as calculative as they are compassionate. 

Ryan and Lisa discuss the fine line between simple naivety and deliberate abuse in marital finances. They also talk about: 

•  Proactive strategies for safeguarding your financial interests.
•  The meticulous dance of discovery in divorce proceedings.
•  Choosing an attorney who's not just a legal gladiator but a financial confidant.

1. The underestimated alliance with forensic accountants & valuation experts.

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.

Securing Spousal Maintenance with Life Insurance in a Colorado Divorce

In this how-to episode of Divorce at Altitude, Ryan Kalamaya explains an important but often overlooked issue in Colorado divorce cases involving alimony: how to secure future spousal maintenance payments if the paying spouse dies or otherwise cannot pay. Using the hypothetical divorce clients Eric and Melanie Wolf, Ryan walks through what happens after a maintenance award is entered and why simply having a court order for monthly support is not always enough protection.

Ryan begins with a common scenario: Eric is ordered, either by agreement or by the court, to pay Melanie $5,000 per month for 10 years. That may sound straightforward, but it raises a critical question—what happens if Eric dies one year into the maintenance term, or even the day after the divorce is finalized? Because Melanie’s financial security may still depend on those future payments, Colorado law allows courts and parties to put protections in place to secure the unpaid balance of the maintenance award.

Episode Highlights

Why Maintenance Security Matters
A spousal maintenance order may require payments for years, but that award can become meaningless if the paying spouse dies or becomes unable to pay.

Life Insurance as the Most Common Tool
Life insurance is often the easiest and most cost-effective way to secure future alimony obligations in a Colorado divorce.

Other Ways to Secure Maintenance
Courts and parties may also use real estate liens, trusts, investment accounts, bank guarantees, or lines of credit.

Colorado Law Allows Security for Support
Under Colorado law, courts can consider whether future maintenance payments should be protected through a financial security arrangement.

Key Factors Courts Consider
The court may look at the paying spouse’s age, health, insurability, cost of insurance, other obligations, and whether life insurance already existed during the marriage.

Short-Term vs. Long-Term Awards
A short maintenance award for a healthy younger spouse may not justify life insurance, while a longer award with older or less healthy spouses may.

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.

Today, we re-visit the world of taxes and divorce. Ryan and Amy host an enlightening conversation where they dissect everything from capital gains to Medicare tax, and even the often-overlooked consequences of depreciation recapture. They pull from  different scenarios to show you how not accounting for these factors can have significant financial implications. 

They also navigate the recent shifts in alimony tax law and unravel the intricacies of gross versus net income calculations. By the end of the discussion, you'll appreciate the critical role CPAs play in divorce proceedings, understand the importance of modeling different financial outcomes, and be aware of how arbitration can effectively solve tax disputes post-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.

Complex Income Issues in Colorado Divorce Cases

In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha take a deep dive into one of the most important and misunderstood topics in Colorado family law: how income is determined for child support and spousal maintenance. While many people assume income is simply whatever appears on a pay stub or tax return, Ryan and Amy explain that in divorce and allocation of parental responsibilities cases, the analysis is often much more nuanced.

The episode focuses on five complex income issues that frequently arise in Colorado domestic relations cases. These issues matter because income affects both child support and spousal maintenance, and even small disputes over how income is calculated can significantly change the outcome of a case.

Episode Highlights

Why Income Matters So Much
Income directly affects both child support and spousal maintenance, making its calculation one of the most important issues in many family law cases.

Minority Business Interests and K-1 Income
A person may show income on paper through a K-1 but not actually receive that money if they lack control over distributions.

Ordinary and Necessary Business Expenses
Not every tax-deductible expense will reduce income for support purposes. Courts often add back personal or excessive business expenses.

Depreciation Can Change the Numbers
Accelerated depreciation is generally added back, while straight-line depreciation may still be considered under Colorado case law.

Imputed Income and Underemployment
Courts may assign income to someone who is capable of working but chooses not to, or who is working below their earning capacity.

Stay-at-Home Parent Issues
A parent who has been out of the workforce may still face imputed income once a child reaches a certain age, depending on the circumstances.

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.

Retirement and Spousal Maintenance in a Colorado Divorce | Divorce at Altitude

In this How To episode of Divorce at Altitude, Ryan Kalamaya explains how retirement can affect spousal maintenance in a Colorado divorce, especially in so-called gray divorce cases involving older spouses. He focuses on the practical and legal questions that arise when one spouse is nearing retirement, has already retired, or wants to reduce work later in life while still paying maintenance.

Ryan begins by framing the issue through the hypothetical divorce of Eric and Melanie Wolf. A common question in these cases is whether maintenance should be structured around a future retirement date, especially if the parties had planned during the marriage for one spouse to retire at a certain age. For example, if Eric is 60 and the couple always expected he would retire at 62, does the divorce change that plan? Or, if he is already past 65 and still working, can he stop working and reduce or end maintenance?

Episode Highlights

Why Retirement Matters in Maintenance Cases
Retirement can directly affect whether a spouse should continue paying maintenance and in what amount.

The Role of Full Retirement Age
Colorado law looks to the Social Security Administration’s definition of full retirement age when evaluating retirement-related maintenance modifications.

Good-Faith Retirement
If the paying spouse retires after reaching full retirement age, there is a rebuttable presumption that the retirement was made in good faith.

The “Payor’s Dilemma”
Courts may need to decide whether a spouse must actually retire before seeking a maintenance reduction or whether the issue can be evaluated in advance.

The Swing Case
Ryan discusses In re Marriage of Swing to show how courts analyze reduced income when a spouse changes jobs later in life for legitimate reasons.

Gray Divorce Complications
In later-life divorces, retirement plans often become a central issue because the parties may have built long-term financial expectations around staying married.

Retirement Income Still Counts
Even after retirement, pensions, IRAs, 401(k)s, and other retirement distributions may still be considered income for maintenance purposes.

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.