Recent Successes
suc·cess: the accomplishment of an aim or purpose
Success
We have been successful in obtaining the best possible results for our clients. Recent successes:
in opposition to Petition for Writ of Certiorari in estate litigation matter, which preserved our favorable results in the trial court and Colorado Court of Appeals.
of Appeals in probate litigation action in which the personal representative of an estate attempted to require our client to sign a sweeping release of liability prior to distributing our client’s share of the estate. After extensive litigation, the trial court determined that the personal representative’s actions constituted a breach of fiduciary duty, ordered the personal representative to immediately distribute our client’s share of the estate, and assessed sanctions and fees in favor of our client against the personal representative. The Court of Appeals upheld the trial court’s rulings in favor of our client.
on behalf of Mother based on Father’s failure to pay child support and reimbursement for the children’s extraordinary medical expenses. The Court affirmed the order we obtained for our client in all respects.
in which we represented Husband, court ruled in our client’s favor on all major issues, including: awarded marital home to our client and denied Wife’s demand for allocation of the marital home to her; denied Wife’s demand for allocation of a portion of our client’s interest in high-value irrevocable trusts; denied Wife’s demand for sole decision-making for the parties’ child and awarded our client joint decision-making authority; adopted our proposed parenting time arrangement and denied Wife’s proposed parenting time arrangement; adopted our vocational expert’s opinion that Wife was voluntarily underemployed, resulting in the court imputing significant income to Wife; denied Wife’s demand for an award of statutory “guideline” maintenance; denied Wife’s demand for payment of her attorney fees; and, rejected Wife’s position that Husband’s entire 401(k) was marital property and awarded significant premarital component of 401(k) to our client.
in which the primary issue was custody of the parties’ two young children. Wife was represented by an experienced and well-known local divorce attorney. After a three-day bench trial which included the testimony of multiple collateral witnesses and a child and family investigator, the court ruled in our client’s favor on all major issues including ordering the parenting time schedule that we requested (over Wife’s strenuous objection and despite Wife’s questionable allegations of domestic violence) and granting our proposal for the allocation of decision-making responsibilities for the children. The court also ordered Wife to reimburse our client in the amount of $7,000 for his attorney fees.
in which we represented Husband and in which two vocational experts testified at trial, court ruled in our client’s favor on all issues. Court awarded to our client almost the entirety (98.5%) of the substantial marital assets, and ordered Wife to pay almost the entirety (80%) of the marital debt. The court also ruled in our client’s favor on Wife’s demand for over $10,000 per month in spousal maintenance. The court agreed with us that Wife was voluntarily underemployed and could meet her reasonable needs without an award of maintenance.
in which we represented Wife and Husband was represented by experienced counsel, the court ruled in our favor on all major issues including: allocating 65% of the marital estate to our client, including allocating 80% of two high-value investment accounts to our client despite Husband’s demand for a 50% allocation to him of these accounts; adopting our argument that Wife’s interest in an irrevocable trust established by her grandfather did not constitute property to be allocated in the divorce; adopting our argument regarding Wife’s income and rejecting Husband’s argument; denying Husband’s request for an award of spousal maintenance; denying Husband’s request for an award of child support; and, denying Husband’s request an award of attorney fees.
in which we represented Wife and Husband was represented by experienced counsel, and at which the court received testimony from a parental responsibilities evaluator, a substance use evaluator, a business valuation expert, two income assessment experts, and a certified public accountant, obtained a very favorable result for our client including: majority parenting time for our client despite Husband’s request for equal parenting time; allocation of approximately 63% of the marital estate to our client; full statutory spousal maintenance for the full statutory term; full statutory child support; and a requirement that Husband secure his support obligations with life insurance.
in which we represented Wife and Husband was represented by experienced counsel, and which included the testimony of a child and family investigator and a representative of County Child Support Services, we obtained a very favorable result for our client including: allocation to our client of 60% of the marital estate and 40% to Husband; allocation to our client of 71% of parenting time with the parties’ young child; allocation to our client of sole decision-making for the child; and, an award of child support to our client in an amount greater than that sought by both Husband and County Child Support Services.
successfully defended our client from her spouse’s attempt to obtain a portion of her interest in an irrevocable trust set up by her parents for her benefit. The court agreed with our analysis of the relevant case law and ruled that the spouse was not entitled to any portion of our client’s interest in the trust.
successfully obtained modification of parenting time, decision-making, and child support for Father. The court granted our requests that (1) Father become the majority-time parent, (2) Father exercise sole decision-making for the child, (3) Mother pay two years of retroactive child support to Father in the full amount we requested, and (4) Mother pay prospective child support to Father in the full amount we requested.
successfully obtained an order of Remedial Contempt against Father for failure to pay child support and failure to obtain life insurance for benefit of the child, and obtained an order of Punitive Contempt against Father for failure to pay child support.
successfully obtained modification of the court-ordered parenting plan pertaining to holiday parenting time, vacation parenting time, video access with the child during the other parent’s parenting time, and forfeiture of parenting time for late arrival to parenting exchange. Also successfully defended client against ex-spouse’s request for sanctions based on alleged violations of court-ordered parenting plan.
regarding modification of parenting time and modification of child support. Father was represented by a large Denver family-law and litigation firm. After a full-day bench trial which included the testimony of a child and family investigator (CFI) and two forensic accountants, the court ruled in our client’s favor including: (1) adopting our proposed parenting time schedule; (2) ordering Father to pay child support to our client including a substantial retroactive child support award; and (3) granting our request that Father pay one-half of our client’s attorney fees.
to relocate the children from Colorado to Pennsylvania and become the majority time parent. Mother was represented by experienced counsel. We argued that Mother’s attorney misinterpreted the relocation statute and that Mother failed to meet her burden of proof justifying the children’s relocation. The court agreed with us and denied Mother’s motion in its entirety.
minor in which we represented the non-parent custodian of the minor, successfully obtained order allocating sole parental responsibilities to our client. Importantly, we also obtained special factual findings from the court qualifying the child to apply for Special Immigrant Juvenile Status (SIJS) with the United States Citizenship and Immigration Services to obtain lawful permanent residency in the U.S.
on behalf of Mother requiring Father to pay over $75,000 in child support arrearage (including statutory interest at 12% compounded monthly) under penalty of imprisonment.
in which we represented Husband and Wife was represented by counsel from a large Denver law firm, successfully obtained a rare reversal of a Magistrate’s order. Early in the case, Wife obtained a temporary civil protection order (restraining order) against our client. The Magistrate subsequently extended the term of the protection order. We believed that the Magistrate lacked the authority to extend the term, and we appealed the Magistrate’s order to the District Court Judge. After a hearing, the District Court Judge agreed with us and immediately vacated the protection order.
successfully defended a mother against the father’s emergency motion for a change in parenting time and decision making based on unfounded charges of abuse and neglect.
in which we represented Father, we obtained an excellent result for our client including: over Mother’s objection and her request that our client only exercise two overnights per month at a supervised parenting time facility, the court adopted our proposed parenting plan which included daily unsupervised parenting time with the child; over Mother’s objection, the court granted our request to add our client’s surname to the child’s birth certificate; successfully defended against Mother’s Motion for Abduction Prevention Measures, which the court denied in its entirety; successfully defended against Mother’s Motion for Appointment of Parenting Coordinator, which the court denied in its entirety; and, successfully defended against Mother’s Motion to Change Venue, which the court denied in its entirety.
in a case where mother refused to consent to reasonable overnight parenting time for father. After a contested hearing in which mother was represented by experienced counsel, obtained allocation of equal overnight parenting time and joint decision-making for our client, effective immediately.
in which we represented Wife, and in which Husband was represented by well-known and experienced counsel, successfully obtained permanent civil protection order (restraining order) against Husband based on his domestic violence against and surveillance of Wife.
in which Father – who was represented by an experienced attorney at a high-powered downtown Denver law firm – accused our client of multiple violations of the court-ordered parenting plan and requested severe sanctions against our client including jail time, sanctions, and reimbursement of his attorney fees. After extensive litigation that lasted for over a year, negotiated advantageous new parenting plan on the eve of trial which allocated sole parenting time and sole decision-making to our client with Father dismissing his claims in full.
in a contentious high-stakes divorce case, we requested post-judgment modification of the orders on several issues. The opposing party and attorney strongly opposed our requests. After additional post-judgment litigation, the court granted all of our requests and modified the permanent orders accordingly.
we represented the restrained party. After the mandatory two-year waiting period, we requested that the court terminate the restraining order. The protected party objected to our request. The court set an evidentiary hearing to decide the issue. As the hearing commenced and we stood to call our first witness, the protected party informed the court that they would agree to our request to terminate the restraining order. The court immediately terminated the restraining order.
where the primary disputed issue was child custody and parenting time for the parties’ two young children. We believed that equal parenting time was in the children’s best interest. Mother was represented by well-known and experienced counsel. Mother and her attorney insisted that our client only get three overnights with the children every two weeks. The court scheduled an evidentiary hearing to resolve the dispute. On the evening prior to the hearing, Mother agreed to our equal parenting time schedule. The court approved the agreement as being in the children’s best interest and vacated the hearing.
from Nevada to Colorado on behalf of Father, and thereafter obtained an advantageous child support order resulting in Father paying significantly less in child support than the presumed amount under Colorado’s child support guidelines.
to restrict his parenting time based on unfounded charges of drug abuse. Mother dismissed all claims just prior to trial.
against three attempts by ex-wife (through her attorney) for court to appoint a Child and Family Investigator regarding false allegations of child endangerment. The court denied ex-wife’s motions in their entirety.
attempt to relocate out of state with the parties’ two young children. After contentious litigation and court-ordered mediation, ex-wife withdrew her Petition to Relocate in its entirety.
in child support for a single mother, which included a substantial retroactive child support award.
and child support award on behalf of Husband which resulted in Husband paying significantly less in maintenance and child support than the “presumed” statutory amount demanded by Wife.
a mother against the father’s motion for a change to the parenting time arrangement.
successfully obtained an advantageous post-judgment settlement of maintenance, child support, and property division for Wife.
a permanent civil protection order (restraining order) to protect our client based on her ex-boyfriend’s threatening Facebook posts. We also obtained an award of reimbursement for our client’s attorney fees and costs against the ex-boyfriend.
Father argued that California had jurisdiction over the divorce and requested that the court dismiss the action for lack of subject matter jurisdiction and lack of jurisdiction over the children based on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). After contentious litigation, the court ruled in our favor and exercised full jurisdiction over the action, parties, and children.
the court scheduled an emergency hearing to determine whether to restrict Father’s parenting time with teen child due to emotional endangerment. Prior to the hearing, we successfully negotiated a modification to the parenting plan resulting in a total restriction of Father’s parenting time and allocation of sole parenting time to our client, thus ensuring the child’s safety.
for remedial and punitive contempt based on missed payments on joint debt. Negotiated favorable settlement terms on morning of trial resulting in dismissal of all contempt charges against client.
in which Husband was represented by experienced counsel. We negotiated an advantageous settlement agreement whereby Wife received 98% of all marital assets. We then coordinated with experienced Elder Law counsel to ensure Wife’s continued eligibility for Medicaid.
in a contested divorce case in which Wife received 80% of the marital property including all of the marital real estate, all of the marital investment assets, all of the marital retirement assets, and the entirety of the cash value of whole life insurance policies. We also negotiated full statutory maintenance for the statutory term and reimbursement of 100% of Wife’s attorney fees.
in a contentious divorce case in which Wife was represented by experienced counsel. We negotiated an advantageous settlement whereby our client received 68.5% of the marital assets and only 11.7% of the marital debt. Wife also permanently waived her rights to request spousal maintenance and reimbursement of her attorney fees.
Father lives in a foreign country and the original court order provided that he did not have to pay monthly child support due to the high cost of travel and lodging required to exercise his parenting time. Mother filed a motion requesting that Father now pay child support based on his inability to exercise parenting time due to the COVID-19 pandemic. We argued that the pandemic did not constitute a “continuing” change required to modify the original child support order. The court agreed with us and denied Mother’s motion in its entirety. Mother appealed the court’s order, and we successfully defended the denial of the motion on appeal.
where the child moved in with Mother full-time several years earlier but the parties did not obtain a formal modification to the parenting plan. We filed a motion for an award of child support retroactive to the date the child moved in with Mother. After extensive litigation, negotiated a favorable settlement in which Father paid Mother a lump sum payment of 95% of the requested retroactive child support.
Ex-wife filed a motion for a substantial increase in monthly child support. We argued that ex-wife did not meet her statutory burden justifying any modification to child support. The court agreed with us and denied ex-wife’s motion in its entirety.
the judge included this commendation in the Court’s final orders: “The Court is impressed by the successful cooperation between parties and counsel in minimizing the parties’ attorney’s fees and costs and solving problems with professionalism and a thoughtful compromise. Congratulations.”
the judge included this commendation in the Court’s order approving the parties’ global settlement the day prior to trial: “The Court commends the parties for their diligent work to come to a final resolution of the matter.”
to reduce the amount of our client’s monthly child support entitlement, negotiated advantageous settlement agreement that provided our client with significantly more monthly child support than the presumptive statutory amount sought by the County Attorney.
in a case where the County removed the grandchild from the grandparent’s home. The County placed the grandchild in foster care. We successfully negotiated with the County to return the grandchild to the grandparents’ home. The court approved and ordered the grandchild’s return to our clients’ home.
We obtained a complete dismissal of the lawsuit based on the doctrine of claim preclusion. The court ordered the Plaintiff to reimburse our client for all litigation costs.
for the higher-earning husband which included a permanent waiver of maintenance (alimony) by the wife and the preservation of the entirety of the husband’s retirement savings.
Obtained court order awarding our client sole decision-making authority for their young child, and secured a favorable maintenance and child support award on behalf of our client.
on behalf of higher-earning Husband in which our client received the majority of the parenting time with the children, the bulk of the parties’ retirement assets (including 100% of the marital pension), and none of the parties’ substantial marital debt. Also negotiated favorable maintenance terms for our client.
in highly contested divorce case in which our client (Wife) received over 70% of the funds and equities in the parties’ financial accounts, all of the marital the real estate, and reimbursement of a portion of her attorney fees incurred in the divorce.
to avoid multiple hazards contained in their initial Agreement which was drafted with the “help” of a non-attorney mediator. Significantly, we helped Wife avoid the possibility that Husband could foreclose on her home. We also renegotiated the parties’ initial agreement regarding maintenance (alimony) resulting in Wife receiving significantly more maintenance from Husband.
on behalf of Wife in which she received the majority of the marital assets and generous non-modifiable maintenance.
we obtained an advantageous financial settlement which awarded the majority of the marital assets to our client. The assets awarded to our client included the entirety of a substantial inheritance that Husband received several years earlier and deposited into a joint marital account.
sued for legal malpractice based on the attorney’s representation of a wife in highly contentious divorce case; negotiated an advantageous settlement which included a complete dismissal of the case and a substantial payment by the Plaintiff to our client.
in a divorce action which allocated the marital home and 100% of the home equity to our client, resulted in our client retaining the entirety of her retirement savings, and allocated responsibility for the bulk of the marital debt to Husband.
on behalf of higher-earning Husband in which Husband received 100% of his lucrative business and the bulk of the parties’ retirement assets, and which resulted in Husband paying much less spousal maintenance than the statutory guideline amount.
in a contested divorce case in which Husband was represented by experienced counsel. Wife was allocated sole decision-making authority for the parties’ two young children; Wife received 80% of the parenting time with the children; Wife received generous spousal maintenance; and, Wife received 20% more in child support than the amount mandated under the child support guidelines.
action in which Wife received sole parenting time with child.
Husband requested that the court dismiss the case for lack of subject matter jurisdiction based on Husband’s relocation out-of-state and Wife’s residence in a foreign country prior to filing the divorce case. After extensive litigation, the court scheduled an evidentiary hearing to decide the issue. On the eve of trial, Husband withdrew his motion in its entirety, resulting in the Colorado court exercising full jurisdiction over the case and parties.
based on alleged billing improprieties; obtained pre-Answer dismissal of complaint with prejudice.
in zoning variance dispute brought by neighbor. After extensive litigation and briefing, the neighbor dismissed all claims against our client shortly before commencement of oral arguments to the court.
who wrongfully withheld legacy from estate beneficiary. After extensive litigation and several court hearings, obtained order of immediate distribution, award of statutory interest on the withheld funds, and a rare award of attorney fees payable by the Personal Representative personally. Also obtained an order prohibiting Personal Representative from recouping his attorney fees from the estate.
in which we represented the injured driver, successfully negotiated with at-fault driver’s liability insurance carrier for maximum policy limits; thereafter, successfully negotiated with our client’s underinsured motorist (UIM) insurance carrier for maximum policy limits.
as well as in the subsequent legal malpractice claim against the estate planning attorney who drafted trust documents that resulted in the nullification our client’s title insurance coverage. Plaintiff in title claim demanded over $100,000 from our client based on defective warranty deed, but we successfully settled the claim by tracking down the last surviving officer of the corporation that developed the condominium over thirty years prior to the title claim and obtaining a corrective deed. Thereafter, we obtained an advantageous settlement of our client’s legal malpractice claim against the attorney whose actions resulted in the nullification of our client’s title insurance coverage that would have provided indemnity to our client in the title claim.
The above results do not in any way imply the same results will be able to be obtained in the future and there is no guarantee the results will be the same for any specific type of case or client.
Contact Philip Goldberg PC
Schedule a consultation to discuss your family law issue.
