BHarvey_Mod4_12323

.docx

School

Rasmussen College *

*We aren’t endorsed by this school

Course

PL230/PLA2

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

7

Uploaded by MajorDuckMaster194

IN THE DISTRICT COURT OF EL PASO COUNTY, COLORADO IN RE: THE MARRIAGE OF CASE NO.: 10-1234-DR-123456 TIM NONAME, DIVISION: Family Husband, And SARAH NONAME, Wife. ______________________________/ PETITIONER/HUSBAND’S TRIAL BRIEF A. INTRODUCTORY STATEMENT On November 19, 2023, Petitioner, Tim Noname (“Husband”), by and through his attorney, John Doe of Doe & Doe Law filed a Petition for Divorce from Respondent, Sarah Noname, (“Wife”). The parties have two minor children, Jasmine Noname, DOB October 9, 2012 (“Daughter”) and Stuart Noname, DOB May 22, 2014 (“Son”) B. QUESTION(S) PRESENTED: ISSUES(S) Allocation of Parenting Time C.R.S. § 14-10-124, Best Interest of the Child Child Support C.R.S. 14-10-115, Child Support Guidelines Permanent v. Temporary Alimony C.R.S. 14-10-114, Spousal Maintenance Division of Property C.R.S. 14-10-113, Disposition of Property: Attorneys Fees C.R.S. 13-17-102, Attorneys Fees C. STATEMENT OF FACTS 1. Tim and Sarah Noname married on March 3, 1998 at the age of 21. Tim attended College at age 23 to become a physician’s assistant, and obtained his certification at age 29. While Tim attended College, Sarah briefly worked as a baker’s assistant to help support the household earning $24,000/year.
2. Sarah became pregnant with their first child, Jasmine (11), at age 30. Their second child, Stuart (9), was born two years later. They share custody of both minor children. 3. Tim makes $150,000/year working as a physician's assistant. Sarah is currently unemployed and has primarily been a stay-at-home mom. Currently, Tim and Sarah both reside in the marital home in separate rooms. The home is paid off and valued at $300,000. Tim wishes to keep the family home in order to raise the children. Sarah also wishes to keep the home to raise the children. 4. Tim has concerns over Sarah’s alcohol use. Sarah likes to drink at night which results in her waking up late. As a result the childs are often late for school, which is reflected on their report cards. 5. In the past three months, Stuart's grades have declined over the past three months. Stuart’s teacher expressed concerns to both Tim and Sarah that Stuart may have a learning disability and is requesting a formal evaluation by a licensed professional. Jasmine maintains good grades. 6. Tim and Sarah are unable to agree on custody of the children. Tim believes that due to Sarah’s drinking problem, he is best suited to care for the children. Sarah wishes to continue being a stay at home mom to maintain the children’s routine, volunteer at the children's school, and to maintain her standard of living by receiving child support and permanent alimony from Tim. 7. Tim believes Sarah is able bodied and capable of working a job to support herself. Tim believes he should pay temporary spousal support until Sarah gains employment. Additionally, both children are in school which does not require Sarah to be home all day. 8. Tim believes a tutor would be better suited for Staurt. Sarah frequently gets frustrated working with Stuart, and as a result Tim is the one who helps him with his school work. Sarah does help Jasmine with her homework, but frequently seeks Tim’s help when Sarah cannot help Jasmine herself. 9. Tim is very involved in both children's extracurricular activities. Tim is responsible for taking Stuart to all of his seasonal activities on the weekend. Sarah does not attend Stuart's events, and leaves the “boy stuff” to Tim. Tim attends Jasmine's swimming events as much as he can, as they usually take place during the work week. Sarah accompanies Jasmine to these events. 10. Sarah regularly attends Yoga and pilates 3 nights a week. As a result, Tim is responsible for feeding, bathing, and putting the children to bed on those nights. Tim also frequently works out at a fitness club, which is located in the same building as his office. Tim works out before work at 6 am. 11. Tim is concerned about Sarah's spending habits and believes she is a shopaholic. During their marriage, Tim gave Sarah $1000 a week for spending into a separate account to
keep her from putting the family into debt. 12. Tim manages the household expenses. As a result, Tim and Sarah have little debt. Tim uses one credit card to pay for monthly expenses, which he pays off each month. Currently, there is a $10,000 balance on this credit card due to attorneys fees. Tim has an additional credit card he uses to gamble, which Sarah does not have access to. 13. Tim has contributed to individual savings accounts for both Tim and Sarah. Both accounts total $65,000 each. Additionally, Tim has set up individual retirement accounts. Tim’s currently has $400,000, and Sarah's account has $100,000. During Part 1 of the argument section, you will focus on the four primary custody of the children, parental responsibility, timesharing with the children, and child support. EACH of the four needs its own section complete with IRAC. Do not just make one long IRAC analysis that includes all four, they need to be separate. D. ARGUMENT 1. Allocation of Parenting Time a. C.R.S. § 14-10-124, Best Interest of the Child i. Determination of parenting time. The court shall determine parenting time upon motion of either party using the best interests of the child standard, C.R.S. § 14-10-124(1) . Reasonable parenting time is mandated unless the court finds it endangers the child's physical wellbeing and/or impairs a child's emotional development. When determining the best interests of the child for the purpose of establishing parenting time, the court shall consider all relevant factors. With regards to the statement of facts laid out in Husband’s Petition for Divorce, four factors laid out under C.R.S. § 14-10-124(1.5)(a) stand out as particularly relevant to this case: ii. The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests; Tim demonstrates consistent involvement in all areas of the children’s lives. Tim provides consistent care for both children throughout the week and weekends, despite working a full time job. Tim is already responsible for providing meals, performing bedtime routines, taking the children to extracurricular activities, and helping with school work. iii. The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time; Teacher’s have raised concerns about Stuart potentially having a learning disability and have requested a formal evaluation. Sarah frequently gets frustrated helping Stuart with his homework. As a result, Sarah often leaves this task solely up to Tim. Disrupting Stuart’s current
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help