Divorce at Altitude: A Podcast on Colorado Family Law

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you...

In this episode of "Divorce at Altitude," hosts Ryan Kalamaya and Amy Goscha dive into decision-making for children after divorce, offering insights and strategies for parents.

Main Topics:
- Decision-Making vs. Custody: Transition from "custody" to "decision-making" and "parenting time" in Colorado, focusing on legal vs. physical custody.
- Key Decisions: Importance of major decisions in a child's life, including education, healthcare, and extracurriculars, and distinguishing them from everyday choices.

Legal Insights:
- Decision-Making Authority: Exploration of joint vs. sole decision-making, with...

Welcome to another insightful episode of Divorce at Altitude. In this episode, we delve deep into the intricate concepts of voluntary unemployment, underemployment, and imputed income, and their significant implications in matters of spousal and child support.

Join us as we navigate through hypothetical scenarios involving Eric and Melanie Wolfe, fictional divorce clients, to shed light on how these issues manifest in real-life situations. From assessing Melanie's potential income as a stay-at-home mom to exploring Eric's decision to quit his job, we uncover the complexities of imputing income in divorce settlements.

Highlights from the episode...

In today's episode, we revisit exploring the sensitive and complex issue of parental alienation in Colorado family law, alongside esteemed guest and family law attorney Jill Coil. Ryan and Jill's discussion opens up the intricate world of how parents can, intentionally or unintentionally, undermine the relationship between a child and their other parent. They dissect various examples, from the overt act of badmouthing to more subtle forms of manipulation, highlighting the critical impact on the child's well-being and the legal nuances involved. 

We delve into the importance of setting aside personal grievances to prioritize the success of t...

Ryan Kalamaya peels back the layers of what it takes to modify Colorado maintenance or alimony awards in the, sometimes, ever-changing landscape of post-divorce finances. Ryan discuss how factors like job loss, remarriage, and shifts in income can influence the need for updated maintenance agreements, ensuring you're equipped with the knowledge to manage your financial future effectively.

He also delves into the technical process of filing a motion for modification under Colorado law, emphasizing the pivotal role of timing and the significance of the 'substantial and continuing' clause. Learn the proactive steps you can take, such as...

In this episode, Ryan Kalamaya sheds some light on how temporary maintenance can include direct payments for shared responsibilities like mortgages and other household expenses. He explains the nuances of how these payments are calculated, the significance of offsetting certain costs, and the practicality of monthly transfers to streamline the financial separation process. 

This episode offers practical tips and insights into the financial intricacies post-divorce, where responsibilities like insurance, cell phone bills, and medical expenses become the sole responsibility of each individual. Ryan also navigates through the possibilities of co-owning property post-divorce due to rising interest rates, e...

In this eoisode of Divorce at Altitude, we revisit a conversation with matrimonial attorney Lisa Zeiderman. She lends her considerable expertise to shed light on the shadowy aspects of financial abuse and manipulation within marriages. Serving as the managing partner at Miller Zeiderman LLP, Lisa's strides into the terrain of financial forensics are as calculative as they are compassionate. 

Ryan and Lisa discuss the fine line between simple naivety and deliberate abuse in marital finances. They also talk about: 

Have you ever considered what happens to alimony payments if life throws a curveball? Gain peace of mind as we explore how to ensure alimony or spousal maintenance awards are honored in a Colorado divorce. Our fictitious clients, Eric and Melanie Wolff, serve as a case study, guiding us through the intricacies of life insurance policies and other methods to protect spousal support payments against the unforeseen, such as death or financial instability. 

In this short episode Ryan also gives insights into the legal framework of Colorado law 14-10-114, which governs the security of these payments. W...

Today, we re-visit the world of taxes and divorce. Ryan and Amy host an enlightening conversation where they dissect everything from capital gains to Medicare tax, and even the often-overlooked consequences of depreciation recapture. They pull from  different scenarios to show you how not accounting for these factors can have significant financial implications. 

They also navigate the recent shifts in alimony tax law and unravel the intricacies of gross versus net income calculations. By the end of the discussion, you'll appreciate the critical role CPAs play in divorce proceedings, understand the importance of modeling different financial outcomes, an...

Join Ryan and Amy as they unravel the complexities of determining income in divorce cases, a critical factor for calculating child support and maintenance in Colorado family law. They examine the challenges faced by individuals with minority business interests or trust beneficiaries with limited control over distributions and tackle the nuances of personal versus business expenses, shedding light on the ways these can skew income calculations. 
Ryan and Amy also dissect monthly P&L statements, uncover personal costs masquerading as business deductions, and debate the implications of depreciation methods in child support equations, inspired by the recent Schaefer c...

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you...

On this episode, Ryan and Amy poured their experience into a conversation that will guide you through the key steps of preparing for mediation in divorce. They dissect the importance of choosing a mediator with the right mix of skills, from understanding complex financial situations to navigating sensitive parenting issues, ensuring you walk into your sessions with confidence and a clear head. They also dissect the art of negotiation, emphasizing active listening and emotion management as crucial tools for successful mediation. 

The dialogue unpacks the essentials of communication, from making strategic offers to understanding the significance of c...

On this latest episode of Divorce at Altitude, Ryan and Amy offer an in-depth analysis of spousal support laws and guidelines through a Colorado lens, discussing the role of income thresholds and individual earnings in determining maintenance. They also dissect a revealing Custody X Change study, providing our listeners with a comprehensive understanding of the comparative alimony landscape across the nation. 

Navigating the discrepancies of spousal maintenance can be a daunting process, which is why they meticulously dissect case scenarios from various states, emphasizing the factors that influence both the duration and amount of maintenance awarded. With a...

Ryan explains the influence of various factors in determining the amount and duration of spousal support, such as length of marriage, financial status of each party, and job prospects. 

He uses a fictional scenario to elucidate how spousal support is intended to maintain a semblance of the lifestyle enjoyed during the marriage, and how it might decrease over time as the recipient's earning potential increases. Ryan also touches upon the legal considerations involved and suggests a potential modification approach for spousal support decrements.

What is Divorce at Altitude?

Ryan Kalamaya and A...

Did you know that 75% of domestic relations cases see parties without legal representation? Today, Ryan and Amy’s discussion sheds light on how this pro se crisis congests the judicial system, leaving dockets strained and resources stretched thin. But it's not all doom and gloom—we bring you hope in the form of solutions like the introduction of licensed legal paraprofessionals, aiming to bridge the gap in legal aid.

They discuss other issues at hand in the family law field in Colorado, like  mandatory pro bono work and rules that govern family law proceedings. They look to Arizo...

This week, Ryan Kalamaya focuses on spousal support or maintenance in high-income divorces. He shares insights into how maintenance is determined once property division is settled, and why the standard Colorado maintenance guidelines and formulas don't apply when combined incomes exceed $240,000 per year. If you've ever wondered about the intricacies of alimony in the face of substantial earnings and assets, this episode sheds light on the subject with practical tips for those facing similar circumstances. 

Listen in as he discuss the myriad factors that influence spousal support awards, such as the duration of the marriage, the age a...

Divorce is a word that often comes loaded with uncertainty and an avalanche of questions. Ryan and Amy revisit one of our most impactful episodes, they aim to answer our top questions we get in initial divorce consultations.  They shed light on the implications of no-fault divorce laws, the concept of marital waste, and if extramarital affairs might tilt the scales in legal proceedings in Colorado, especially when it comes to children and parenting time.

They also discuss crafting plans that keep children at the heart of every decision. Our fictional divorce client Eric Wolff's concerns about h...

This episode is a deep dive into the complex world of contractual and modifiable maintenance in Colorado divorces, using the hypothetical case of Eric and Melanie Wolf to make this concept relatable. Ryan Kalamaya discusses the predictability and certainty that contractual maintenance can provide, as well as its inflexibility in the face of changing circumstances. 

Not forgetting the other side of the coin, he also delves into the flexibility of modifiable spousal support, showing how it can adjust to significant and ongoing changes. But remember, with this flexibility comes uncertainty. We'll help you weigh up the pros a...

How do  judges decide on the amount of maintenance a spouse will receive following a divorce? This episode Ryan delves into Colorado maintenance guidelines, honing in on the role of gross income and its interplay with the formula. He also discusses tax implications and the way the guideline stands side by side with other elements such as lifestyle and reasonable needs established during the marriage. He also sheds light on what exactly goes into determining income.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related t...

How is real estate valued during a divorce and why can appraisals differ so dramatically from online estimates? Ryan Kalamaya is joined by certified real estate appraiser Kevin Kerns to break down the real estate appraisal process in divorce cases.

Kevin Kerns is a certified real estate appraiser with extensive experience valuing residential properties for legal matters, including divorce and high-asset family law cases. His work emphasizes market-supported valuations, local expertise, and current housing data.

Kevin explains how appraisers determine fair market value, including physical property characteristics, location, neighborhood trends, and...

Navigating the rocky terrain of divorce is challenging, but understanding the complexities of spousal support can feel especially daunting. Ryan Kalamaya and Amy Goscha provide a roadmap through the world of alimony, or as it's known in Colorado, spousal maintenance. We tackle the emotional issues that often stir around this topic, and we shed light on the purpose of maintenance - to balance the needs of both parties after their marriage ends. 

The conversation doesn't stop at the purpose of maintenance, Ryan and Amy delve deeper into the pressing questions of how much should be paid and i...

Divorce is like navigating a labyrinth of emotions, legalities, and, most pertinently, financial consequences. The path you tread and the outcome you face can vary dramatically depending on the state laws that govern your divorce proceedings.

State-specific divorce laws are not just legal formalities etched in statute books. They have real, palpable impacts on the lives of divorcing couples, influencing bargaining power and shaping economic behaviors. The financial implications of divorce is significant, with the average cost per person being $15,000, potentially rocketing to $100,000 for more complex situations.

Two critical aspects where state laws make a...

The holiday season often brings complex emotions and logistics for divorced or separated parents. On this re-broadcasted episode of Divorce at Altitude, we'll offer guidance on navigating holiday parenting time after a split.

First, we'll explain the key differences between regular and holiday parenting schedules. Next, we'll go over important factors to consider, like your children's ages, travel plans, and existing custody arrangements. We'll also provide tips for minimizing holiday parenting conflicts, including the benefits of using a parenting coordinator.

Ultimately, every family's situation is unique. The goal is to make holiday time as smooth...

Join us as we invite our associated attorney, Chip Dunn, to share his personal journey into the field of law. From a young age, Chip's parents instilled in him a strong sense of service which eventually led him to law school in Charleston, South Carolina. His dedication and passion have seen him practice family law and bankruptcy in Minnesota before returning to Colorado. In this chat, Chip offers a unique perspective on family law, especially in dissolution cases, and shares his commitment to assist clients navigate the emotional and financial challenges of divorce. 

This episode also brings o...

Join us for an enlightening discussion with Judge Angela Arkin  and Amy Goscha on the evolution and implementation of the Licensed Legal Paraprofessional (LLP) program in Colorado. We explore the day-to-day work of an LLP will be in the field of family law, including their ability to practice law independently of lawyers and represent parties in domestic relations cases. 

They discuss the nitty-gritty of LLP licensure, the routes to qualify for the program, and the upcoming LLP bar exam. Judge Arkin shares insights into the ethics and family law classes that will be offered, as well as th...

Ever wonder what it would take to invalidate a divorce agreement in Colorado? This week, we've got our associate attorney Chip Dunn with us, breaking down the complex legalities behind challenging or invalidating a divorce agreement. Chip and Ryan dissect the court review processes to understanding the weight of financial disclosure and tackle how rule 60 and rule 16.2 factor into these scenarios, and how misrepresentation or omission of debt can open the doors to dismantling a separation agreement.

They also highlight how not complying or disclosing necessary documents is a one-way ticket to starting the upsetting process all...

This week on Divorce at Altitude, we break our usual mold and turn the spotlight to our very own Elizabeth Rose Hardman, a senior associate at our firm, Kalamaya | Goscha. We talk about the journey that brought her from the icy plains of Alaska to the challenges of Colorado's courtrooms. As Elizabeth shares her passion for justice and her knack for problem-solving, you'll get a first-hand account of how her personal connection to law led her to advocate for her clients in family law and criminal defense.

What is Divorce at Altitude?

Ryan...

Join us on a compelling exploration of the intricate world of divorce real estate with our guest Allison Decent,  Certified Divorce Real Estate Expert (CDRE), as we explore her unique certification and how it benefits divorce attorneys and their clients. Allison is not just an expert; she's a beacon of knowledge in her field, breaking ground with her unique certification. With her toolbox filled with market stats, comparative market analysis, and a deep understanding of divorce listings, she proves that her role is not just pivotal but also transformative in navigating the real estate side of divorce.

S...

Join Ryan Kalamaya and one of our family law attorneys Elizabeth Hardman in our insightful discussion as they share their top five tips for those contemplating a premarital agreement. We'll shed light on the benefits of such agreements and emphasize the significance of engaging legal counsel to guarantee its validity and enforceability and why discussions about finances are critical before tying the knot, particularly if there are substantial financial differences between the spouses.

Understand the importance of financial disclosure, the risks of rushing the process, and the possible hazards of entering an agreement without full knowledge of...

Matrimonial attorney Lisa Zeiderman joins Ryan on this episode of Divorce at Altitude to discuss financial abuse and manipulation within a marital context. Lisa is the managing partner of Miller Zeiderman LLP in New York City and serves as the Vice President of the executive board for Savvy Ladies, which is a nationwide non-profit that helps women empower themselves through financial literacy.

Ryan and Lisa's conversation navigates through the sometimes grey-area between naivety and abuse, and provides valuable insights on prevention strategies. They also discuss how to tackle a divorce situation where financial abuse is present...

Ryan unravel the complexities of permanent alimony or maintenance in a Colorado divorce from understanding the actual meaning of 'permanent' in this context to exploring the modification of spousal support post-divorce. 

Leaning on real-world examples, Ryan further explains the purpose behind spousal support and its role in transitioning a party towards self-sufficiency and will help you understand the guidelines for the duration of maintenance based on the Colorado Law.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting i...

Drawn from Ryan's recent two-month sojourn in the charming locales of Portugal and Spain, this episode focuses on navigating the intriguing concept of sabbaticals. Amy and Ryan focus on the profound transformative power of time-off, a narrative rich with insights that will inspire you to contemplate your own venture. They also scrutinize the diverse programs on offer and brainstorm on ways to seamlessly incorporate them into our business models.

Vividly painting the essence of familial connection and the luxurious joy of time spent unwinding, Amy and Ryan also discuss how immersion in foreign cultures and the slower...

Dare we say it? Kevin Costner's divorce case with its contested premarital agreement, is one for the books - one that might rival any of his Hollywood screenplays. A prenup stating a $1.5 million payout to Christine Baumgartner upon divorce, child support complexities, parenting time issues - can this be contested considering his net worth is considerably more this many years after the agreement was drafted? 

In this episode, Ryan and Amy dissect the known details about his premarital agreement, discuss its enforceability, and delve into the attorneys' strategies as they move forward in this divorce case.  They al...

Parental alienation is a frequently used term in custody cases, but it's essential to understand that there are two distinct types: unintentional and intentional parental alienation.

In this re-broadcasted informative discussion with Ryan Kalamaya on Divorce at Altitude, family law attorney Jill Coil highlights the differences between these types and provides practical strategies and advice for parents dealing with an alienating co-parent. Gain valuable insights to effectively navigate through challenging situations and protect the well-being of your child.

About Jill Coil

Jill Coil founded Coillaw in December of 2014 with the goal...

It is common for couples to enter into pre-marital agreements prior to a marriage, often containing a waiver of maintenance.

But are these waivers enforceable? Well, in Colorado, not necessarily.  In this short how-to episode, Ryan explains an important case, Newman v Newman, which establishes that it goes against public policy for a court to enforce a maintenance waiver if it would be unfair or unconscionable.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan a...

In this informative episode, Ryan defines what a maintenance or alimony buyout means. Essentially, it is a one-time lump sum payment made by one spouse to the other, instead of ongoing future payments. To help illustrate this concept in different scenarios, he uses our hypothetical divorce clients, Eric and Melanie Wolf.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha...

A divorce process can often be physically and emotionally draining for both parties and children involved, especially if the case goes to trial. In this re-broadcasted episode, Ryan Kalamaya and Gabrielle Hartley sit down to discuss the positive divorce movement and her Better Apart Method, which are changing how people think about divorce. They also highlight the importance of finding amicable solutions during separation.

They explore various topics, including the adverse effects of litigation and conflict in a divorce, how to avoid conflict in the divorce process, and when a mediator realizes that a case might need...

In a Colorado divorce, there are two different types of alimony payments: temporary and permanent. In this how-to episode, Ryan explains that temporary maintenance serves as a payment from one party to the other during the divorce proceedings to ensure financial stability.

It's important to note that temporary maintenance is different from permanent maintenance, which is paid after the divorce is finalized.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the...

Navigating a high conflict divorce can be extremely difficult. That’s why we sat down with Liz Merrill, mediator, divorce coach, and someone who’s faced her own high conflict divorce. We delve into the complexities of what a high conflict divorce looks like, the potential scenarios one may encounter, and signs that might indicate you're dealing with a high conflict individual. Drawing from her personal experiences, Liz shares crucial insights on maintaining mental and emotional wellbeing amidst the storm.

Liz and Amy shine a light on the mediator's role in these volatile circumstances, and how they can...

In this short how-to episode, Ryan Kalamaya gives a short introduction into the topic of spousal support, also known as alimony or maintenance, as part of our comprehensive coverage of support issues in a Colorado divorce. 

The most important thing when it comes to spousal support is that it hinges on the distribution of property. We will explore other factors such as income, reasonable needs, and additional intricate matters in future episodes. 

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, se...

In this short "how-to" episode, Ryan Kalamaya discusses purpose of temporary alimony, meant to buoy the lower-earning spouse during the divorce proceedings, and the variables that can affect it. Following that, Ryan talks about the concept of permanent maintenance, its role, duration, and the factors that influence its allocation. We'll dive into trends surrounding permanent maintenance awards, and remind you that securing maintenance isn't guaranteed.

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are...

Welcome back to another episode of Divorce at Altitude where we're taking an essential look at the often overlooked tax implications during a divorce process. Ryan Kalamaya and Amy Goscha emphasize the advantages of consulting a tax professional and discuss strategies lawyers use to orchestrate a divorce process that benefits all parties.

They delve into the complexities of real estate transactions and their tax ramifications, covering capital gains tax, the additional Medicare tax, and the trend of 1031 exchanges. They also illuminate how tax basis and capital gains are handled in divorce situations, and detail the tax implications...

When you get married, the last thing you want to think about is the potential breakdown of that marriage but the truth is, it is an absolutely imperative conversation. Today we are joined by another self-proclaimed recovering attorney, Jennifer Goode, to discuss planning for the future before you get married. You'll hear about our guest’s career, what modeling is, and how it is used in prenuptial discussions, estate planning, family planning, and so much more. 

Jennifer discusses what she encourages clients to think of when planning the future of their marriage before explaining the importance of com...

If you are a business owner, and you are heading for divorce, how do you look forward, stay focused, and protect your business? This week we are talking about navigating the intersection of values and mission as business owners going through a divorce. Our guest on the show today is Peter Glennon, a divorce and business lawyer in Rochester, NY. 

In our conversation with Peter, we talk about understanding business values, or ultimately core foundational values and mission, and how that impacts an impending divorce process. He gives examples of his company’s values and how they inf...

Lawyers are prone to overworking. Although it may feel like working as much as possible is the most productive way to spend your time, as Luke Van Arsdale explains in this episode, this is far from the truth! The more of a work/life balance we are able to maintain, the better the counsel we can provide to our clients. 

Luke is a founding partner at JVAM, a 20-month-old law firm situated in the Roaring Fork Valley that focuses on real estate, business, litigation, and transactional work. During our conversation today, Luke talks about his approach to s...

Navigating a divorce is never easy, but when you add a special needs child into the mix, the situation can become even more challenging. In this candid conversation, Ryan and Amy explore the various issues that arise when parents of a special needs child go through a divorce.  We touch on the importance of Individualized Education Plans (IEPs) and 504 accommodations in ensuring that these children receive the necessary medical and educational services. 

We also discuss how differing parental views on a child's abilities can cause conflict during divorce and the potential for stress and regression in children wi...

Tracy Malone, our expert on emotional abuse and dealing with narcissistic behavior, is back for part two of our two-part series on dealing with a narcissist in divorce proceedings. We take listeners through tips and advice for different phases of a divorce, the before, the during, and the after. Our conversation flows from what to look out for from gaslighting and educating yourself on your rights, managing your expectations, to building your support team. 

Tracy shares her thoughts and advice on doubts regarding going through with a divorce from a narcissist, and the “staying for the kids” reaso...

One of the most common things we as divorce lawyers often hear is that a client thinks their spouse is potentially, and intentionally, hiding money. So today, we delve into what to do if you suspect your spouse might be hiding assets during a divorce. This is an interesting topic because, as we know, when people are going through a divorce, there is often not a lot of trust between the two parties. 

We start our conversation with an overview of asset hiding and why people sometimes do it, and we talk conceptually about what asset hiding c...

This week on the podcast, we focus on the topic of how to stay safe leaving an abusive spouse. We are happy to be joined again on the show by Tracy Malone, to talk us through the top ten tips for staying safe when leaving an abusive relationship. Tracy is an internationally recognized expert on both emotional abuse and narcissistic personality disorder, a narcissist abuse survival coach, an author, and is also a survivor of narcissistic abuse. 

We talk about creating a safety plan, gathering evidence, hotlines, notifying family and friends, and much more. These tips are p...

In this episode, Brian Walters joins us to discuss what actions should be taken in the event in which an ex-spouse takes their child to another state or country and refuses to bring them back. If you are a parent, this is one of the most frightening scenarios you could find yourself in, so it is very beneficial to be equipped with knowledge about what you can do.

Brian is a partner in Texas’ largest law firm, Walters Gilbreath PLLC, and also runs his own podcast on Texas family law called For Better, Worse, or Divorce Podcast....