November 2021 | 2021COA141 (Co. App. 2021)

Marriage of Evans (Colorado 2021)

A property division can be re-opened upon the discovery of an undisclosed asset. Child support will be recalculated to reflect any change in a parent’s income from the new asset. In this post-divorce action, the mother petitioned to reopen the parents’ original property division. She found an undisclosed asset, the father’s ownership of a business. The magistrate agreed, allocated the asset, and modified the child support order based on additional income from the business. The father appealed, first to the district court, which affirmed, and then to the appellate court. The appellate court affirmed in part and reversed in part. First, the court found the property division was properly reopened. The father had an affirmative duty to disclose his ownership in the business. The appellate court reversed the child support determination and remanded for additional findings. While the district made some findings, the appellate court couldn’t tell how the findings led to the child support determination.

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