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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Are payments from a private disability company (not Govt or

Customer Question

Are payments from a private disability company (not Govt or Work related) considered income for CS calculations in Colorado? Aurora, CO I am a dentist. I own a disability policy from a private company. I did not deduct the premiums, but payed them from
my after tax income. The payments are not taxable as a result. The policy does not prevent me from working in other fields or professions (own occupation policy). I receive payments only if I am unable to work as a dentist. CO statute includes disability in
Child Support when through Govt assistance (Social Security, Workers Comp) or through a benefit provided by an employer. I have been advised by an attorney (now pro se) that as the source of payments are private, not employment related, and non taxable, those
payments should NOT to be counted for CS calculations. We parted ways before being provided a citation or case law to support this position. Can you please clarify and provide a citation? If not considered income for CS, do I put those payments on my Financial
Affidavit? Any disability experts to help answer?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CRS 14-10-115, gross income includes income from all sources and it specifically says in paragraph (a)(1)(S) that includes any disability insurance payments. So payments from a private disability insurance policy according to the Colorado statute would be included in your gross income. You can read the statute for yourself at https://www.brettwmartin.com/Reference-Material/crs-14-10-115-colorado-child-support-guidelines
Customer: replied 1 year ago.
This I already know, it is the specific case where the policy was not through or because of employment or govt programs. Do you have the ability to confer with a disability expert, not a family law practitioner, for confirmation? Thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, it is a matter of the statute. The case law does not make any distinction and I have no idea why your attorney would have told you what he did, since the law is the answer here and it is very clear. The law does not say that because it is a private disability policy that it would be excluded and the case law cannot contradict that. The law is very clear cut on this, it says income from any source derived. See also: In Re Marriage of Nimmo, 891 P.2d 1002 (CO 1995).
Customer: replied 1 year ago.
OK, may I ask a different question as that one was so quick?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The experts are not employees of this site, as such we are not paid by the site just for time spent with customers unless customers leave positive feedback. This is why the site rules are one topic per question, this is the site's rules not the expert's personal rules. It was quick only because your expert had the expertise to know what the law was and where to get the information, that does not negate the work done by the expert.
I would appreciate if you would abide by the site rules and thank you for understanding. If you are going to have multiple questions into the future, you may wish to consider a monthly subscription where you pay one monthly price and can open multiple questions so you can get your information and the experts can get credit for working with you when you leave positive feedback.
Customer: replied 1 year ago.
OK, I have several questions related to CS, i.e. if a particular item goes on CS or part of parenting plan, how to list number of children when one is 18 and out of state at college, the other 17 still living with me, and a contempt question filed against me for not paying travel expenses for parenting time. How to best handle a series of related questions? Would a call be better? Or can I ask as many CS related questions as I need to counting as one question?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Those are separate issues that should be in separate questions. I would suggest a one month subscription to ask them all separately for one monthly fee then at the end of 30 days you can not renew the subscription if you do not need it.
Customer: replied 1 year ago.
OK, I'll do that. Where do I sign up, and how do I get back in touch with you?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

After you complete the rating on this question, you can contact customer service at http://ww2.justanswer.com/help and there are instructions there to sign up for the subscription service.

Customer: replied 1 year ago.
OK, can I ask the same question of a different attorney if not satisfied with the first answer? Can attorney's here provide citation (statutes and case law?) One guy told me no, they don't have the resources (Lexis, etc.) Is that on an attorney by attorney basis (say YOU have Nexis available where you are typing, can you look up citations to support an answer?)
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

We are not a case law research service, the reason is cost of access to lexis is personally borne by the expert and it costs us up to $160 per hour for that access.

We do sometimes provide limited case law information as we may have it, but we do not do extensive specific case law research.

You can ask the question to as many experts as you like with your subscription and you can even ask for specific experts.

This by the way has nothing to do with your question above which was fully answered with statute and case law citation.

Customer: replied 1 year ago.
Can you suggest an online resource that does provide detailed legal research that I can put together with what I can learn here? I understand case law research limitations here, but what about CO statutes and procedure? I assume you have the ability to search those to support answers without incurring additional fees?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can go to westlaw.com and pay for service, just like attorney's have to pay for home or office access. You can go to the court library for free access to that service.
Again, if I came to your office for a filling on one tooth and paid for that and then wanted you to do a crown on that tooth later you would charge me more for that and that is what you are doing to me now with these questions and I would appreciate your consideration of that. Thank you.
Expert:  Law Educator, Esq. replied 1 year ago.
Sorry for the delay in responding, we are having technical site issues and it is not showing my reply.
You have to pay if you want home or office access to westlaw, but the court libraries provide free access to the site for case law research.
I would appreciate it if you left positive feedback, as the experts are not employees of the site so we do not get credit for simply time spent with customers. Thank you very much for your understanding.