Choosing Good Witnesses

You have the opportunity to call witnesses and present evidence at most hearings. But how do you know who is a good witness for your case?

There are two main kinds of witnesses in family law matters, lay witnesses and experts. Lay witnesses are people who can testify about their personal observations but typically cannot share their opinions. Expert witnesses can share opinions based on their expertise but are required to author a report disclosing those opinions and the information they relied on to reach that opinion ahead of time. See C.R.C.P. 26.

Expert reports are typically due 56 days prior to hearing and rebuttal reports are due 35 days prior to hearing. Expert witnesses typically charge fees to conduct an investigation, author a report and testify in court. Such fees can range from a few hundred dollars to tens of thousands depending on the credentials of the witness.

Many people call family members and significant others as lay witnesses, but these individuals are often overly supportive and clearly biased. It is, however, important to call family or significant others if they have leant you money, to testify about financial support they are providing you (such as paying your attorney's fees) and authenticate promissory notes. Letters from family and friends are not typically admissible under the hearsay rules, witnesses need to appear in court and testify to be considered.

The best lay witnesses are typically those who have observed both parties (and the children) and have no reason to be biased, such as teachers, coaches, child care providers, etc. Eyewitnesses who observed material issues are also important.

If you are claiming domestic violence, individuals who witnessed the violence can be a helpful, such as roommates, friends or the police if they were called to the scene. Police reports are hearsay and typically inadmissible unless the officer who wrote them is available to testify or they are properly authenticated.

If you are addressing financial records, it is helpful to have a custodian of records testify about and authenticate statements. If you run your own business, your accountant or bookkeeper can be an important person to speak about the income and expenses associated with the business.

Therapists and doctors can become important witnesses as there is a hearsay exception for "statements for purposes of medical diagnosis or treatment." In other words, oftentimes doctors and therapists can testify about things a patient told them, although HIPAA-rights may be implicated. Professionals may also require an appearance fee at hearing as they cannot see other patients while they are testifying in court. Lay witnesses, on the other hand, usually only require payment for mileage necessary to travel to court.

In Colorado, you must typically disclose your witnesses 63 days in advance of hearing, filing a witness list with the court that includes the witness's name, address, phone number and a brief description of what they may testify to. Although you do not have to actually call everyone listed as a witness, you may be precluded from calling anyone not listed, so it is better to list anyone you think may have relevant information to your case.

You must subpoena any witnesses who do not agree to attend court voluntarily at least 48 hours prior to the hearing. A sheriff or private process server can deliver subpoenas to potential witnesses.

When considering who should be called as a witness in your case it is helpful to ask yourself the following questions:

• Does this person have personal and/or professional knowledge that is helpful to my case?

• Is this person credible or will they appear biased to the court?

• What expense is involved in calling this witness?

• How will calling this witness affect my relationship with them and others involved?

• Are they available to appear or do I need to file a motion so they can appear virtually?

• Do I have enough time to call these individuals as witnesses at hearing?

The main purpose of witnesses in family law cases are to provide testimony which supports your case and/or discredits the other party or to authenticate documents that would otherwise be considered hearsay.

In addition to full and unbundled representation, at Boeckx Law we also offer court counseling services and can help you in deciding who to call as a witness in your case and what questions to ask them. Call us today to get assistance on your case (720) 689-2885.

What Would Nick Cannon Pay in Child Support?

Nick Cannon has been candid that he does not pay court-ordered child support to any of the six mothers of his eleven children, but how much would he pay in Colorado if ordered to do so?

In Colorado, child support is governed by statute, C.R.S. § 14-10-115. To determine the amount of child support, the court examines several factors, including the number of children born to the relationship, the number of overnights each parent has per year, and the parents’ respective incomes. Parents also receive a credit for incurring certain expenses, such as paying for the child’s health insurance or financially

supporting children from other relationships. The child support statute contains a “schedule of basic support obligations,” which is essentially a chart for determining the amount child support. However, the

schedule only provides child support award amounts for parents that have a combined monthly income between $1,100 and $30,000.

The Supreme Court of Colorado addressed this issue in In re Marriage of Boettcher. In that case, the Court concluded that, where the parents’ combined monthly income exceeds $30,000, the court may, within its discretion, award more than the amount determined by the schedule, as long as it considers the factors outlined in the statute. See 449 P.3d 382, 386 (Colo. 2019). In other words, the court can, and likely will, order parents with higher incomes to pay higher amounts in child support.

So, what does this have to do with Nick Cannon? Well, he and the women he shares 12 children with have combined incomes that far exceed $30,000, and that significantly impacts the amount he would have to pay in child support.

I ran a child support worksheet for Nick Cannon to see what his court-ordered child support payments for one child might cost him in Colorado. My calculation was based on the following information:

- Mr. Cannon claims to earn $100 million per year.

- For simplicity, I’m using $2 million for mother’s income.

- It seems that Mr. Cannon does not have consistent overnight visits with his children at his home, so I allocated him 0 overnights on the worksheet.

- Mr. Cannon asserts he pays well over $3 million towards supporting his eleven children. To be generous, I gave him a credit of $10 million for non-court-ordered child support paid to others.

Based on those numbers, Nick Cannon would owe $633,775.30 in monthly child support for his son, Legendary Love, in the state of Colorado. Sheesh!

Notably, there are many components to determining child support. At Boeckx Law, we are incredibly knowledgeable and experienced at addressing these issues. If you need assistance, we are here to help.

--------------------------------------------------------------------------------------

References:

-Colo. Rev. Stat. § 14-10-115 (2023).

-In re Marriage of Boettcher and Boettcher, 449 P.3d 382, 382-86 (Colo. 2019).

-https://www.foxnews.com/entertainment/nick-cannon-doesnt-pay-government-child-

support-12-children

-https://www.latimes.com/entertainment-arts/story/2023-05-07/for-real-nick-cannon-

family-kids

-https://www.nbcwashington.com/entertainment/entertainment-news/nick-cannon-

reveals-which-of-his-children-he-spends-the-most-time-with/3352887/

Photo credit: This image was originally posted to Flickr by sagindie at https://www.flickr.com/photos/39775299@N00/392388910. It was reviewed on 1 April 2008 by FlickreviewR and was confirmed to be licensed under the terms of the cc-by-2.0. No changes were made to the photo.

What is Common Law Marriage?

Colorado is one of only a few states that recognizes common law marriage. Common law marriage is an informal, valid and legal approach to marriage. There does not need to be a formal marriage ceremony or a signed marriage license. Common law marriage only requires mutual consent (or an agreement between the two parties) and a mutual and open assumption that a marriage exists.

If either party disputes the existence of a common law marriage, the parties must have a validity of common law marriage hearing before they can get divorced. The court will need to determine if the couple held themselves out as married to their community.

Some factors that will serve as evidence of a common-law marriage include:

1. Co-habitation between the parties;

2. Having a reputation in the community as being married;

3. Having joint bank accounts;

4. Purchasing and owning property jointly;

5. Filing joint tax returns;

6. Using the same surname by both parties or by children born to the parties;

7. Social media posts referring to the other person as "spouse" or "wife/husband."

In Colorado there is no requisite time the couple needs to be together when establishing a common law marriage. As long as there is proof of the parties' intent to be married, the length of the relationship does not matter. The factors above will serve as guidelines of the parties' intent.

Once a common law marriage is established, all of the legally binding rights and benefits of a formal marriage apply, to include a potential award of spousal maintenance and division of retirement funds or other investments. All obligations of a marriage would also apply, which could include both parties' responsibility for debts incurred during the time the parties held themselves out as married.

If a common law marriage ends, the parties will have to go through a formal legal dissolution of marriage (divorce) through the court. Since a common law marriage is treated the same as a formal marriage, the same process will apply. The parties must obtain a formal divorce decree which generally includes a separation agreement and if the parties have children, a parenting plan. These documents will outline factors such as property division, debt allocation, parenting time schedules, spousal maintenance, and child support.

If you think you may or may not be common law married, we are happy to further discuss this with you.