Appellate Cases
Below are example appellate cases in which the firm has been involved over the years. The citations for each of the cases, and the issues which were resolved, are as follows:
In re the Marriage of Haddad, 93 P.3d 617 (Colo.App. 2004). A trial court may offset prior overpayments of child support against the current child support obligation only when the interests of the children will not be harmed.
Canterbury v. Kovacich, 74 P.3d 457 (Colo.App. 2003). A joint tenant may not terminate the joint tenancy by simply signing a deed that purports to convey title to that individual as a tenant in common. (Later reversed by the Colorado Supreme Court in favor of our client’s position by Taylor v. Canterbury, below.)
Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004). A joint tenant who unilaterally conveys his interest in real property back to himself, with the intention of creating a tenancy in common, effectively severs the joint tenancy.
In re the Marriage of Hein, 253 P.3d 636 (Colo.App. 2010). It is an abuse of the court’s discretion to deviate downward from the presumptive child support guideline amount for the sole purpose of maintaining the child’s eligibility for public assistance benefits.
In the Matter of the Estate of Santarelli, 74 P.3d 523 (Colo.App. 2003). The probate court may, in unusual circumstances, inquire concerning the appropriateness of fees to be charged by the personal representative and attorney for the personal representative.
In re the Marriage of Dickson, 983 P.2d 44 (Colo.App. 1998). The trial court did not abuse its discretion in ordering 12% interest on the child support arrearage. Further, a non-custodial parent is entitled to a deduction in his gross income for purposes of child support only for such amounts as he has proven that he has actually paid.
