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© Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000.

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Presentation on theme: "© Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000."— Presentation transcript:

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2 © Mark E. Damon - All Rights Reserved

3 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 Welcome to Who Wants to be a Millionaire (Until the Order gets modified) 50:50

4 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

5 © Mark E. Damon - All Rights Reserved D: Best interests of the payor spouse A: Changed circumstances C: Changed circumstances so substantial and continuing that it makes the prior order unfair B: A ten percent change in either party’s income that is not temporary 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 What is the standard of review for a modification of maintenance?

6 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

7 © Mark E. Damon - All Rights Reserved A: Absolutely C: Not necessarily B: Never D: Only if they move out of state 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 Is a recipient spouse’s increased income from employment, alone, enough to modify maintenance?

8 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

9 © Mark E. Damon - All Rights Reserved A: The payee spouse remarries C: Upon either the payor or payee’s death B: Upon co-habitation of the payee spouse D: Pursuant to statute or court order 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 According to C.R.S. 14-10-122(2), Which of the following is INCORRECT? Maintenance terminates AUTOMATICALLY when...

10 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

11 © Mark E. Damon - All Rights Reserved A: Payee spouse lands a great paying job after being a stay at home parent for the last 20 years and has been working for 6 months C: The payor spouse starts a new family B: Unexpected disability of the payor spouse that affects their ability to work D: The payor retires 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 Which of the following is typically not sufficient grounds for a modification of maintenance?

12 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

13 © Mark E. Damon - All Rights Reserved A: Only evidence regarding the payor’s change in circumstances C: All relevant evidence B: Only evidence of circumstances that occurred AFTER the date of the original award of maintenance D: Only evidence about the payee’s change in circumstances 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 What evidence can a Court hear in a maintenance modification case?

14 © Mark E. Damon - All Rights Reserved Congratulations! You’ve Reached the $1,000 Milestone! Congratulations! Congratulations!

15 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

16 © Mark E. Damon - All Rights Reserved A: Pattern and Non-Pattern Interrogatories and Requests for Production of Documents C: Depositions of parties B: Depositions of non-parties upon oral or written examination for purposes of obtaining or authenticating documents not accessible to a party D: All of the above 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 Rule 16.2(f) allows for the following discovery (without Court permission)

17 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

18 © Mark E. Damon - All Rights Reserved A: Request for Admissions C: Deposition of a non-party B: Hiring your own expert D: All of the above 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 You must get permission from the Court prior to conducting the following type of discovery…

19 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

20 © Mark E. Damon - All Rights Reserved A: C.R.C.P. Rule 16.2 C: The Rules of Professional Conduct B: C.R.C.P. Rule 34 D: Rules of Criminal Procedure 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 Electronic discovery is permissible pursuant to what rule?

21 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

22 © Mark E. Damon - All Rights Reserved A: By looking at Facebook, My Space or other Social Networking Sites C: By deposing friends, family members and employers of the parties B: By reviewing bank and credit card statements D: All of the Above 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 How can some of the best evidence of “changed circumstances” be found?

23 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

24 © Mark E. Damon - All Rights Reserved A: Only if the boyfriend consents C: Only if there is a compelling need B: Only after discovery of the party- deponent has been exhausted D: Both B and C 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 You can subpoena the former spouse’s live in boyfriend’s employment records under what circumstances?

25 © Mark E. Damon - All Rights Reserved Congratulations! You’ve Reached the $32,000 Milestone! Congratulations! Congratulations!

26 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

27 © Mark E. Damon - All Rights Reserved C: Request sanctions pursuant to C.R.C.P. 37 D: All of the above A: Call opposing counsel and annoy the crap out of them B: File a Motion to Compel pursuant to C.R.C.P. Rule 37 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 If a party fails to comply with a discovery request, the requesting attorney may…

28 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

29 © Mark E. Damon - All Rights Reserved A: An Order that the proponent not come within 100 yards of the protected party C: An Order ceasing any future court proceedings B: An Order prohibiting the proponent from sitting next to him at any future depositions D: That the discovery be conducted with no one present except persons designated by the Court 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 Pursuant to C.R.C.P. Rule 26(c), A person who has had discovery served upon them may request a Protective Order and seek the following…

30 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

31 © Mark E. Damon - All Rights Reserved A: C.R.S. 14-10-119 C: C.R.C.P. Rule 11 B: C.R.S. 13-17-102 D: All of the above 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 In a modification of maintenance case, the Court can order attorneys fees pursuant to:

32 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

33 © Mark E. Damon - All Rights Reserved A: Yes C: Only if opposing counsel requests that they be allowed to argue the relevancy in their trial brief D: No B: When hell freezes over 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 In a co-habitation situation, can a payor spouse argue that the recipient spouse’s significant other’s income is relevant?

34 © Mark E. Damon - All Rights Reserved 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100

35 © Mark E. Damon - All Rights Reserved A: 15 pages C: 5 pages B: 10 pages D: 20 pages 50:50 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 $1 Million $500,000 $250,000 $125,000 $64,000 $32,000 $16,000 $8,000 $4,000 $2,000 $1,000 $500 $300 $200 $100 According to C.R.C.P. Rule 121(1-15), a trial brief should be no longer than...

36 © Mark E. Damon - All Rights Reserved YOU WIN $1 MILLION DOLLARS!


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