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No divorce settlement final in CO per 4th District

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ColoradoDivorce

Junior Member
What is the name of your state? Colorado

About a week ago, Judge Ronald G. Crowder, (4th District CO, El Paso County) allowed a 14 year old closed divorce case to be reopened to allow a woman to get a new life insurance policy (additional property benefits) that she FORGOT to ask for when she originally divorced her military husband. Interestingly enough, despite having no insurable interest (as per case law) and no legal right to re-open a painfully and fully negotiated closed property settlement--that was incorporated into a Final Order for Dissolution (as per case law), the ex-wife was granted the right to get insurance on her ex-husband of 14 years ago---because Judge Crowder allowed himself to testify in the case by saying: "I don't see what the big deal is... I gave it to MY wife when I divorced her in 1993... it shouldn't take that long to do an examination." (He also did not allow the ex-husband to present credible evidence showing that a crime could be committed if insurance was placed on his life)!! Judge Crowder overruled every argument against granting this that was based on facts and the LAW---and based his decision solely on his OWN personal experiences! See September 5, 2007 decision in 93DR0266.

It would seem to me that the overall effect of decision is that NO DIVORCE CASE IS EVER CLOSED IN COLORADO! The parties can now keep coming back to ask for benefits---even when the benefit was NOT an existing property issue...OR even if the parties had competent counsel! If you forgot to ask for anything---SBP, Life Insurance, permanent alimony, future earnings(even if you had a lawyer, even several) you can NOW come back and ask for it. This kind of thing has been denied in Colorado for decades... AND denied in other jurisdictions---because it is against the law and against public policy---but evidentlly NOT in Judge Crowder's court room!

This is not the first time this "new judge" has overstepped his authority... he did something similar in a criminal case 4 months before, as noted in a April 12, 2007 article in the Colorado Springs Gazette by Dennis Huspeni.

What can be done at this point?
 


LdiJ

Senior Member
What is the name of your state? Colorado

About a week ago, Judge Ronald G. Crowder, (4th District CO, El Paso County) allowed a 14 year old closed divorce case to be reopened to allow a woman to get a new life insurance policy (additional property benefits) that she FORGOT to ask for when she originally divorced her military husband. Interestingly enough, despite having no insurable interest (as per case law) and no legal right to re-open a painfully and fully negotiated closed property settlement--that was incorporated into a Final Order for Dissolution (as per case law), the ex-wife was granted the right to get insurance on her ex-husband of 14 years ago---because Judge Crowder allowed himself to testify in the case by saying: "I don't see what the big deal is... I gave it to MY wife when I divorced her in 1993... it shouldn't take that long to do an examination." (He also did not allow the ex-husband to present credible evidence showing that a crime could be committed if insurance was placed on his life)!! Judge Crowder overruled every argument against granting this that was based on facts and the LAW---and based his decision solely on his OWN personal experiences! See September 5, 2007 decision in 93DR0266.

It would seem to me that the overall effect of decision is that NO DIVORCE CASE IS EVER CLOSED IN COLORADO! The parties can now keep coming back to ask for benefits---even when the benefit was NOT an existing property issue...OR even if the parties had competent counsel! If you forgot to ask for anything---SBP, Life Insurance, permanent alimony, future earnings(even if you had a lawyer, even several) you can NOW come back and ask for it. This kind of thing has been denied in Colorado for decades... AND denied in other jurisdictions---because it is against the law and against public policy---but evidentlly NOT in Judge Crowder's court room!

This is not the first time this "new judge" has overstepped his authority... he did something similar in a criminal case 4 months before, as noted in a April 12, 2007 article in the Colorado Springs Gazette by Dennis Huspeni.

What can be done at this point?
If the ex spouse is collecting a portion of the military pension or will be collecting a portion of the military pension, then being able to have a life insurance policy against the military or former military spouse makes perfect sense to me.....which is what I suspect made sense to the judge as well.

You can certainly appeal if you feel that the judge made an error of law, but that's going to be expensive, and since it costs you nothing but the time to get a physical exam, it seems kind of uneconomical to me.
 

ColoradoDivorce

Junior Member
Colorado Court of Appeals Reverses 4th District

UPDATE:

The Colorado Court of Appeals OVERTURNED the 4th District's Order. (Colorado Court of Appeals Case # 07CA2295)

The decision was released November 13, 2008 and it basically upheld the law that you cannot come back and reopen a closed divorce settlement. (The trial court erred in permitting modification of the original divorce decree).

The Court stated: "[w]ife has established no basis in this case under C.R.C.P. 60 or otherwise, for relief from a final decree. The order permitting wife to obtain life insurance on husband's life and requiring husband to cooperate in helping wife obtain that insurance is reversed."

:)
 

Bali Hai

Senior Member
UPDATE:

The Colorado Court of Appeals OVERTURNED the 4th District's Order. (Colorado Court of Appeals Case # 07CA2295)

The decision was released November 13, 2008 and it basically upheld the law that you cannot come back and reopen a closed divorce settlement. (The trial court erred in permitting modification of the original divorce decree).

The Court stated: "[w]ife has established no basis in this case under C.R.C.P. 60 or otherwise, for relief from a final decree. The order permitting wife to obtain life insurance on husband's life and requiring husband to cooperate in helping wife obtain that insurance is reversed."

:)
Well, if she put any money down to the hitman, she can kiss that goodbye!!
 

mistoffolees

Senior Member
What is the name of your state? Colorado

About a week ago, Judge Ronald G. Crowder, (4th District CO, El Paso County) allowed a 14 year old closed divorce case to be reopened to allow a woman to get a new life insurance policy (additional property benefits) that she FORGOT to ask for when she originally divorced her military husband. Interestingly enough, despite having no insurable interest (as per case law) and no legal right to re-open a painfully and fully negotiated closed property settlement--that was incorporated into a Final Order for Dissolution (as per case law), the ex-wife was granted the right to get insurance on her ex-husband of 14 years ago---because Judge Crowder allowed himself to testify in the case by saying: "I don't see what the big deal is... I gave it to MY wife when I divorced her in 1993... it shouldn't take that long to do an examination." (He also did not allow the ex-husband to present credible evidence showing that a crime could be committed if insurance was placed on his life)!! Judge Crowder overruled every argument against granting this that was based on facts and the LAW---and based his decision solely on his OWN personal experiences! See September 5, 2007 decision in 93DR0266.

It would seem to me that the overall effect of decision is that NO DIVORCE CASE IS EVER CLOSED IN COLORADO! The parties can now keep coming back to ask for benefits---even when the benefit was NOT an existing property issue...OR even if the parties had competent counsel! If you forgot to ask for anything---SBP, Life Insurance, permanent alimony, future earnings(even if you had a lawyer, even several) you can NOW come back and ask for it. This kind of thing has been denied in Colorado for decades... AND denied in other jurisdictions---because it is against the law and against public policy---but evidentlly NOT in Judge Crowder's court room!

This is not the first time this "new judge" has overstepped his authority... he did something similar in a criminal case 4 months before, as noted in a April 12, 2007 article in the Colorado Springs Gazette by Dennis Huspeni.

What can be done at this point?
I can't believe that would be upheld. First, it's inane to reopen a divorce case after more than a decade because the litigants forgot to ask for something. Second, the insurance company doesn't have to offer insurance - and most likely won't because of lack of insurable interest.

IF, OTOH, the courts were to determine that she has an insurable interest, then she can get an insurance policy, anyway. She doesn't need to be married to the guy to insure his life if she has an insurable interest.
 

Bali Hai

Senior Member
I can't believe that would be upheld. First, it's inane to reopen a divorce case after more than a decade because the litigants forgot to ask for something. Second, the insurance company doesn't have to offer insurance - and most likely won't because of lack of insurable interest.

IF, OTOH, the courts were to determine that she has an insurable interest, then she can get an insurance policy, anyway. She doesn't need to be married to the guy to insure his life if she has an insurable interest.
OP has already provided an update to his ONE YEAR-THREE month old post you responded to.

I suggest you read the entire thread before impulsively responding in an effort to show everyone how smart you are.
 

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