• Intangible Property in a Divorce Raj Kukreja | Episode 219
    Nov 7 2024

    Welcome to Divorce at Altitude, your guide to Colorado family law, hosted by attorneys Ryan Kalamaya and Amy Goscha. Each week, we dive into a topic related to divorce and co-parenting to help you navigate the complexities of family law in Colorado.

    In this episode, Ryan is joined by Raj Kukuraja, a high net worth divorce expert, to explore Intangible Assets in Divorce—a complex but crucial topic for many high-asset cases. Together, they unpack the concept of intangible property, including Name, Image, and Likeness (NIL), intellectual property, personal goodwill, and more, and explain how these often-overlooked assets impact property division in Colorado divorces.

    Episode Highlights:
    - Understanding Intangible Property: What qualifies as intangible assets and how they differ from tangible ones, with examples ranging from intellectual property to NIL and personal goodwill.
    - Valuing Professional Goodwill: How the courts assess professional practices and the role of excess earnings in determining value.
    - Name, Image, and Likeness (NIL): Examining the unique challenges of valuing NIL, especially in high-profile and high-net-worth divorces.
    - Case Insights & Examples: From former Broncos players to celebrity endorsements, Ryan and Raj discuss real-world examples that illustrate the complexities of dividing intangible assets.

    Whether you’re a business owner or simply curious about this aspect of divorce law, this episode is packed with insights to help you understand and navigate the valuation of intangible assets in Colorado divorce cases.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.law

    If you found this episode helpful, please share it with someone who may benefit. Follow us on Apple Podcasts, Spotify, or YouTube for more episodes on navigating divorce and child support in Colorado.

    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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    43 mins
  • Beyond the Basics: Understanding Above-Guideline Child Support in High-Income Cases | Episode 18
    Nov 4 2024

    Podcast Description:

    In this "how-to" episode, Ryan dives into high-income scenarios and how they impact child support in Colorado. Using the case of hypothetical clients, Eric and Melanie Wolf, Ryan breaks down what happens when combined incomes exceed $30,000 per month, the legal floor for child support. Drawing on the Colorado Supreme Court case of In re Marriage of Boettcher, Ryan explains how courts determine child support in high-income cases, focusing on lifestyle disparities between parents and the needs of the children.

    Episode Highlights:
    - Income & Child Support: How high incomes, such as Eric’s million-dollar salary, affect child support calculations.
    - The Boettcher Case: Insights from the In re Marriage of Boettcher decision, establishing that the $30,000 monthly income guideline is a floor, not a cap, for child support.
    - Lifestyle Considerations: The court's role in ensuring children maintain a similar lifestyle with both parents, including covering expenses like private school, vacations, and extracurricular activities.
    - Disparity in Incomes: How income disparity between parents influences child support, and what courts consider when determining fair support in above-guideline situations.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.law

    If you found this episode helpful, please share it with someone who may benefit from the insights. Be sure to follow us on Apple Podcasts, Spotify, or YouTube for more episodes on navigating divorce and child support in Colorado.

    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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    7 mins
  • Re-Opening Divorce Settlements | Episode 218
    Oct 31 2024

    Welcome to Divorce at Altitude, a Colorado family law podcast hosted by experienced attorneys Ryan Kalamaya and Amy Goscha. Whether you're going through a divorce, considering one, or simply want to understand more about the intricacies of family law in Colorado, we’re here to help. We aim to provide practical guidance to make the process a bit easier and empower you with the insights you need.

    In this episode, Ryan and Amy discuss Divorce 2.0, or what happens when someone wants to reopen a finalized divorce case. Using the hypothetical clients Eric and Melanie Wolf, they explore why some divorces get revisited and how Colorado courts handle these situations—especially when it involves undisclosed assets or changes in property value. They also break down the importance of mandatory disclosures and recent case law that impacts Colorado divorce proceedings, ensuring listeners understand why thorough documentation is crucial.

    Episode Highlights:
    - Mandatory Disclosures in Colorado: The vital role of Rule 16.2 in ensuring transparency and fairness during divorce.
    - Divorce Remorse: What happens when one spouse seeks to reopen a case, claiming a raw deal or omitted assets.
    -Case Spotlight: Lessons from Colorado cases like Hunt and Dury, which show the consequences of incomplete disclosure.
    - Protecting Your Agreement: How attorneys ensure agreements are upheld by focusing on thorough, documented disclosures.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.law

    If you found this episode helpful, please share it with someone who may benefit from these insights. Follow us on Apple Podcasts, Spotify, or YouTube for more episodes on navigating divorce and child support in Colorado.

    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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

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    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    29 mins
  • Beyond Basics: Tackling Extraordinary Medical and Extracurricular Expenses | Episode 217
    Oct 28 2024

    Podcast Description:

    Welcome to Divorce at Altitude, a podcast focused on Colorado family law, hosted by Ryan Kalamaya and co-host Amy Goscha. In each episode, we delve into various topics related to divorce, child custody, and co-parenting in Colorado. Whether you're navigating a divorce or just curious about the legal process, we offer practical advice and tips to guide you.

    In this "how-to" episode, Ryan explores extraordinary medical and extracurricular expenses and their impact on child support in Colorado divorces or custody cases. Using the hypothetical case of Eric and Melanie Wolf, Ryan breaks down how costs like private school tuition, medical bills, sports, and other activities affect the financial dynamics between divorced parents.

    Episode Highlights:
    - Extraordinary Medical Expenses: How are major medical costs such as surgeries or braces shared between parents? Ryan discusses how these expenses, not covered by insurance, are typically split proportionally based on income.
    - Extracurricular Expenses: From sports and music lessons to private school tuition, Ryan explains how these optional yet significant expenses can impact child support calculations. He also shares key legal precedents that guide courts in determining whether these expenses are reasonable and necessary.
    - Real-Life Examples: With examples like travel soccer and ice skating, Ryan illustrates how disagreements over extracurricular costs can be resolved, either through court intervention or mutual agreement.
    - Child Support Worksheet: Ryan shows how adding or excluding certain expenses directly impacts the amount of child support one parent pays to the other.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.law

    If you found this episode helpful, please share it with someone who may benefit from the insights. Don’t forget to follow us on Apple Podcasts, Spotify, or YouTube for more content on navigating divorce and child support in Colorado.

    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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    16 mins
  • Navigating Daycare Costs in Child Support: What Every Parent Needs to Know | Episode 216
    Oct 21 2024

    Podcast Description:

    Welcome back to Divorce at Altitude, a podcast on Colorado family law, hosted by Ryan Kalamaya and Amy Goscha. In this "how-to" episode, Ryan dives into the topic of work-related daycare and its impact on child support in Colorado divorces and parenting disputes.

    Episode Highlights:
    - Work-Related Daycare & Child Support: Ryan explains how expenses for daycare, preschool, or after-school programs can influence child support calculations. Using a hypothetical example of Eric and Melanie Wolf, Ryan walks listeners through the child support worksheet and how adding or subtracting work-related daycare can adjust the final amount.
    - Income & Parenting Time Considerations: The episode covers how parents' incomes and their parenting time schedules affect the daycare expense split. Ryan discusses the percentage-based share of income method and why it’s important to figure out a fair contribution between both parents.
    - Common Questions & Scenarios: From nannies, summer camps, and babysitters to arguments over whether specific expenses qualify as work-related, Ryan unpacks the complexities that often arise when calculating childcare costs. He also explains why extracurricular activities and extraordinary medical expenses may also come into play in child support calculations.

    Key Takeaways:
    - Work-Related Daycare Expenses Can Shift Child Support Amounts: These expenses are factored in because they directly affect a parent’s ability to work and earn an income.
    - Worksheet or Off Worksheet Agreements: Ryan offers insights on whether it’s better to include childcare on the official child support worksheet or handle it outside the calculation, based on the unique circumstances of each family.
    - Common Pitfalls & Considerations: Practical tips on what counts as work-related daycare, such as excluding babysitters for personal time but considering nannies or au pairs as part of the expense, make this episode especially useful for parents navigating post-divorce childcare decisions.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.law

    If you found this episode helpful, please share it with a friend or colleague. Follow us on Apple Podcasts, Spotify, or YouTube for more episodes on Colorado family law. Stay tuned for more insights on child support, parenting, and divorce.

    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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    11 mins
  • What is Reintegration Therapy in Colorado | Episode 215
    Oct 10 2024

    In this episode, Ryan and Amy tackle the complicated and often misunderstood topic of reintegration therapy in family law. Following recent media coverage, Ryan and Amy dive into the role of reintegration therapy, its challenges, and how it aims to help children rebuild relationships with estranged parents.

    Episode Highlights:
    - What is Reintegration Therapy? Ryan and Amy define reintegration therapy as a therapeutic intervention aimed at helping a child rebuild a strained or severed relationship with one parent.

    - Challenges with High-Conflict Divorce Cases: They discuss common scenarios where children resist or refuse contact with a parent, stemming from issues like substance abuse, domestic violence, or alienation. They explore the gray areas of determining whether a child’s refusal is rooted in safety concerns or emotional influence from one parent.

    - New Legislation & Media Attention: Recent changes in Colorado law, driven by Caden’s Law and national concerns about parental alienation and child abuse, are reshaping the way courts approach reintegration therapy. The statute now requires reunification therapy to meet scientific and safety standards and places stricter limitations on separating children from their primary caregivers solely to repair a relationship with an estranged parent.

    - Therapist & Court Roles in Reintegration: Ryan and Amy discuss the slow and careful process involved in reintegration therapy, emphasizing the importance of setting realistic goals and understanding that rebuilding trust between a parent and child is often a long-term effort.

    Key Takeaways:
    - The Role of Therapy: Therapy can be a powerful tool to help children in high-conflict divorces, but it requires time, patience, and a deep understanding of family dynamics.
    - New Colorado Law: Focuses on safeguarding children in cases where allegations of abuse or neglect are present, requiring reintegration therapy to be backed by scientific validity and safety.
    - Realistic Expectations: Reintegration therapy is not a quick fix. It can take months, if not longer, to make progress, particularly in cases involving serious conflict or past trauma.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    26 mins
  • Masterclass on Separate Property in Colorado | Episode 214
    Oct 3 2024

    Welcome back to Divorce at Altitude! After a brief hiatus, hosts Ryan Kalamaya and Amy Goscha are back with a deep dive into a frequently debated topic in divorces: separate property. They tackle complexities surrounding what constitutes separate property, how it’s treated in Colorado, and the critical nuances involved in tracing its value.

    Episode Highlights:
    - Introduction to Separate Property: Ryan and Amy break down the difference between marital and separate property and how Colorado’s progressive approach influences the division. They explain how separate property (such as assets acquired before marriage, through gifts, or inheritance) can appreciate during a marriage and how that appreciation is treated as marital property.
    - Burford vs. Powell Approaches: The discussion touches on the legal frameworks used to calculate appreciation in separate property. Learn how the Burford approach involves tracing every financial transaction, while the Powell approach takes a more simplified, entity-based view.
    - Types of Assets: The hosts dive into various asset classes, such as real estate, retirement accounts, brokerage accounts, trust interests, and business interests, explaining how separate and marital property components are handled differently for each.
    - Challenges of Documentation: Ryan and Amy stress the importance of financial records in proving the value of separate property at the date of marriage, including bank statements, appraisals, and tax returns. They also discuss how inheritance documentation, such as wills and trust records, plays a role in tracing separate property.

    Key Discussions:
    - Complexities of Separate Property in Divorce: Why proving separate property can be challenging, particularly when accounts are commingled or when assets such as businesses and trust interests are involved.
    - Real Estate and Retirement Accounts: Real estate is often the easiest to trace, whereas retirement accounts present challenges when factoring in marital contributions and market appreciation.
    - Separate Property Documentation: The episode highlights the critical importance of keeping accurate records of gifts, inheritances, and business interests to protect separate property claims during divorce.

    📞 Connect with us:
    • Facebook: https://www.facebook.com/kalamayagoscha
    • LinkedIn: https://www.linkedin.com/company/kalamaya-goscha/
    • Phone: 970.315.2365
    • Email: mailto:info@kalamaya.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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

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    38 mins
  • The Ins and Outs of Reintegration Therapy in Family Law Cases in Colorado with Dr. Kathleen McNamara | Episode 213
    Sep 26 2024

    Welcome back to another insightful episode of Divorce at Altitude. This week, host Amy Goscha is joined by Dr. McNamara, a licensed psychologist with over 30 years of experience working with families navigating the complexities of divorce and two-home parenting. Together, they explore the topic of reintegration therapy and its role in family law cases.

    Episode Highlights:
    - Introduction to Reintegration Therapy: Dr. McNamara explains what reintegration therapy is and how it is defined by Colorado law, specifically in the context of the recent 2023 changes to 14-10-127.5, known as Cadence Law. The focus is on reestablishing or strengthening the relationship between a child and a parent with whom contact has been strained or lost.
    - The Role of Therapy in High-Conflict Cases: Amy and Dr. McNamara discuss the challenges of parenting in two households, especially in high-conflict situations where children may resist or refuse contact with one parent. The episode highlights how therapy can provide guidance, emotional support, and tools to help families navigate these difficult dynamics.
    - Family Therapy vs. Reintegration Therapy: Learn the key differences between general family therapy and reintegration therapy. While both aim to improve relationships, reintegration therapy specifically addresses parent-child contact issues in situations where relationships have been disrupted.
    - Impact of Recent Legislation: Dr. McNamara explains how Cadence Law impacts reintegration therapy, especially in cases involving allegations of abuse or domestic violence. The law now prohibits the court from removing a child from a protective parent or restricting contact with a protective parent to improve the relationship with the accused parent, fundamentally changing the approach in these cases.

    Key Discussions:
    - Therapy Structure and Expectations: Dr. McNamara outlines the structure of reintegration therapy, emphasizing that it is a goal-driven, flexible process tailored to each family’s unique circumstances. She discusses how therapy can last several months to over a year, depending on the needs and progress of the family.
    - Measuring Success in Reintegration Therapy: The episode delves into how success is measured in reintegration therapy, including milestones like improved communication, increased comfort in joint sessions, and the rebuilding of trust between parent and child.
    - The Role of CLRs (Child Legal Representatives): Amy and Dr. McNamara highlight the importance of CLR

    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 have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.

    ************************************************************************

    DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

    Show more Show less
    33 mins