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The Law Blog of Ciancio Ciancio Brown, P.C.

New Restart Program may help drunk drivers in Colorado

There are always discussions about the best ways to handle people who drink and drive. Is it a good idea to put them into the prison system? Is it more effective to send them to alcohol rehabilitation or a treatment program?

Colorado has been making efforts to combat drunk driving, especially after a man was finally arrested and sentenced for drunk driving 13 times. That man is now in prison after entering a guilty plea. This was his 13th DUI arrest on record over the course of the last three decades.

Some custody and parenting time plans are problematic

One of the most challenging aspects of a Colorado divorce is agreeing to a parenting plan. The best interests of the child are paramount. Although there are many configurations that can be used, some may be less effective than others.

Many experts suggest that splitting parenting duties in half is preferable. However, alternating which parent has custody on a weekly basis could be problematic. Despite its simplicity, it can have a negative impact on a child. One concern is that the child will have a full week in which he or she will not see the other parent. This can lead to detachment. Some children experience anxiety issues because of it.

The best reasons to have a marital agreement:

Marital agreements sometimes come with a certain stigma that a spouse/future spouse doesn't want to share wealth, assets, or income. But there are a lot more reasons to have a marital agreement, and the process is straightforward.

It's Tax Season

Tax season might come with some moans and groans, and it's no wonder with a confusing tax code and so many documents to gather, especially as most of us aren't accountants or CPAs. But tax season can mean REFUND time!

Additional Child Fees to be Shared by Statute

As of July 1, 2020 certain sections of Colorado's child support guideline statute will be added so that additional fees are to be shared under the statutory authority. Additional fees to be shared through extraordinary adjustments to the schedule of child support or through reimbursement between the parties in proportion to their adjusted gross income will include:

Have the 20-year itch? You're not alone

Being married over 20 years has made you appreciate your spouse in many ways. They've generally been there for you and provided for you when you needed support. You did the same.

However, now that your children are grown and off to college, you've found that you really don't have anything to say to each other. You only ever talked about your kids and their activities. Now, you're at a loss.

How truck drivers can manage their fatigue

Truck driver fatigue contributed to 13% of crashes analyzed in the Large Truck Crash Causation Study of 2007. However, there are many steps that drivers in Colorado and elsewhere can take to make sure that they are awake enough to operate their vehicles. For example, it is not a good idea to drive between the hours of 12 a.m. and 6 a.m. because the human body tends to be naturally tired during these hours.

Drivers may also be vulnerable to diminished reaction time and impaired short-term memory function when they first wake up. Research has shown that accidents are most frequent in the first hour a person drives after waking up. Those who have taken a nap are encouraged to wait 15 minutes before they resume driving. Naps of between 10 and 45 minutes are most effective at helping truck operators overcome drowsiness.

Wrongful death actions provide justice for drunk driving crashes

An unexpected tragedy can change your entire life in mere moments. Losing a loved one in a crash caused by a drunk driver may feel like a nightmare that you can't wake up from. Daily life often becomes much more difficult when people must struggle through the fog of grief. For many people, the only thing that keeps them going after such a tragic loss is the drive to see justice served.

When a drunk driver causes a fatal crash, it is common for Colorado prosecutors to bring criminal charges against them. However, some drunk drivers successfully beat charges in court, while other times they may face only a slap on the wrist because of a judge's pity for their situation.

Researchers discover where accidents are most likely to occur

There was a 6.8% increase in traffic accidents throughout the country between 2018 and 2019, many of which occurred in Illinois. According to a survey from Go Safe Labs, there were 22,188 crashes in Houston, which was the most in the country during 2019. Other cities where accidents were most likely to occur were Charlotte, Austin and Los Angeles. However, it is important to note that the accident rates in many of these cities actually declined during that year.

In Charlotte, the crash rate declined by 13.3% while it declined by 12.1% in Houston. The report by Go Safe Labs also took a look at specific locations where traffic accidents were most likely to happen. An Interstate 85 exit near Greenville, South Carolina saw 404 collisions take place in 2019, which made it the most likely specific location for a motor vehicle accident to occur in the United States.

How do I collect large sums of unpaid support?

There are several remedies to collect unpaid child support and maintenance whether it is for a period of a few months or several years. Depending on the circumstances you have several options available to you and either filing contempt of court or reducing unpaid support payments to a consolidated support judgement may be options for you.

Each monthly support obligation becomes a judgment when due/owed and not paid each month. As the judgment is automatic by statute, you can file for the unpaid amounts to be consolidated and reduced into one consolidated support judgement. The owed party should file with the issuing court the order that includes the period support covered and the total unpaid balance. That support judgement may include interest and even attorney fees. A copy of the verified entry of support judgement must be provide to all parties (mother, father, family support registry, if applicable).

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