25CA2071 Marriage of Goodvin 04-30-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 25CA2071 Weld County District Court No. 24DR510 Honorable Troy Hause, Judge
In re the Marriage of
Jamie Irene Goodvin,
Appellee,
and
Timothy Adam Goodvin,
Appellant.
APPEAL DISMISSED IN PART AND JUDGMENT AFFIRMED
Division V Opinion by JUDGE LIPINSKY Welling and Tow, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced April 30, 2026
No Appearance for Appellee
Timothy Adam Goodvin, Pro Se ¶1 In this dissolution of marriage case involving Timothy Adam
Goodvin (father) and Jamie Irene Goodvin (mother), father appeals
the portions of the district court’s permanent orders addressing the
allocation of parental responsibilities (APR), property division, and
the determination of spousal maintenance and child support. We
dismiss the appeal, in part, and otherwise affirm the judgment.
I. Relevant Facts
¶2 In May 2024, mother petitioned for dissolution after fourteen
years of marriage and two children. At the same time, mother
asked for, and the court granted, a temporary protection order
requiring father to stay at least 500 yards away from her. She also
filed a motion to restrict father’s parenting time under section
14-10-129(4), C.R.S. 2025. In that motion, she alleged that the
children were in imminent danger while in father’s care because he
was mentally unstable, had threatened suicide, and had “anger
issues.” The court temporarily restricted father’s parenting time.
¶3 Within a month, the district court held a hearing on whether
to make the temporary protection order permanent and whether to
continue the restriction on father’s parenting time. The court
denied mother’s request for a permanent protection order against
1 father. After finding that the children were afraid of having
unsupervised contact with father, the court ordered that his
parenting time occur under the supervision of a family therapist.
¶4 In August 2025, the district court held a two-day permanent
orders hearing, at the conclusion of which it made oral findings of
fact and conclusions of law. In a subsequent written judgment, the
court made the following findings regarding the APR:
• Father committed acts of domestic violence against
mother throughout the marriage.
• Father’s testimony that he was a stay-at-home parent
during the marriage was not credible. Instead, the
credible evidence established that he was “absent as an
active parent for extended periods.”
• Mother had historically been the children’s primary
parent.
• An expert in family counseling who was supervising
father’s parenting time and who was the “most credible
witness regarding what is in the children’s best interests”
testified on that issue.
2 • The children were initially resistant to participating in
supervised parenting time with father based on incidents
predating the parties’ separation. The expert opined that
the children’s apprehensions and fears were credible, and
they remained concerned about their parents having
contact. In addition, the expert said that the children
were “uncomfortable in a vehicle with [f]ather at this
time.”
• The expert “observed good interactions” between father
and the children during supervised parenting time;
however, the expert said that the children were “now
more comfortable with contact with [f]ather.”
• The expert recommended that father move from restricted
therapeutic visits with the children to restricted
monitored visits.
• The parties should consider putting the children in family
therapy “to focus on the children’s needs, assisting the
children in navigating the high conflict, and assisting the
children in having a healthy relationship” with both
parents.
3 ¶5 The district court made the following findings regarding
property division:
• Mother’s office property was worth $154,000 and was
encumbered by a $120,000 loan, leaving $34,000 in
equity that was marital property subject to division.
• Mother held a 5% interest in real property in Longmont
through her ownership in Fulton Investments, LLC. Both
parties valued the interest at $15,000, and mother
credibly testified that the Longmont property was
encumbered by a $13,700 loan, leaving $1,300 in equity,
which was marital property subject to division.
• Father testified that he did not know the current value of
mother’s Porsche. Mother credibly testified that she
owed more than what the vehicle was worth.
• The parties agreed that mother’s only retirement account
was worth $13,797.
• Early in the marriage, both parties contributed
substantially to the marital estate. However, once father
became self-employed, his financial support for the
4 marital estate stopped. As a result, mother became the
family’s primary parent and provider.
• “Given the totality of the evidence,” an unequal property
division in favor of mother was equitable.
¶6 Lastly, the district court made the following findings
concerning spousal maintenance and child support:
• Mother underreported her income and was not credible
regarding her business expenses, which she overstated
by at least $2,400. After subtracting her business
expenses from her gross receipts and adding $2,400, her
gross monthly income was $7,000.
• Father was either voluntarily underemployed or
voluntarily unemployed and could earn $3,033 per
month.
¶7 From those findings, the district court determined that, to
serve the children’s best interests and protect their emotional
well-being, mother would be the primary residential parent and
father would have only restricted “monitored” parenting time for two
hours each week. Given the domestic violence finding and the
5 parties’ “high conflict,” the court named mother the children’s sole
decision-maker, except as to certain extracurricular activities.
¶8 The district court then divided the marital estate as follows:
Marital Net Marital Mother’s Father’s Asset/Debt Value Portion Portion Marital $518,555 $518,555 Residence Mother’s Office $34,000 $34,000 Property Longmont $1,300 $1,300 Real Property (through Fulton Investments LLC) Vehicles $62,600 $10,000 $52,600 Porsche ($21,371) ($21,371) Bank $11,580 $11,547 $33 Accounts Mother’s $13,797 $13,797 Retirement Account “Equalization” ($192,688) $192,688 Payment TOTAL $375,140 $245,321
In making this division, the court noted that father had $48,153 in
a trust that was his separate property.
¶9 In addition, the district court ordered mother to pay father the
maintenance guideline amount of $735 per month for three years,
6 affording him time to find suitable employment. The court directed
father to pay mother monthly child support of $739.
II. Missing Hearing Transcripts
¶ 10 To begin, we note that father did not provide us with the
transcripts of the two-day permanent orders hearing or the district
court’s oral ruling.
¶ 11 As the appellant, father bears the responsibility to include in
the appellate record all transcripts necessary for us to resolve the
issues he raises in this appeal. C.A.R. 10(d)(3). That gap in the
record has significant consequences because, as a matter of law, we
must presume that the missing portions of the record support the
district court’s findings and conclusions. See In re Marriage of
Beatty, 2012 COA 71, ¶ 15, 279 P.3d 1225, 1229 (stating that,
absent a transcript, the appellate court must presume that the
evidence supports the district court’s findings); see also In re
Marriage of Dean, 2017 COA 51, ¶ 13, 413 P.3d 246, 250 (“Where
the appellant fails to provide . . . a transcript, the [appellate] court
must presume that the record supports the judgment.”); McCall v.
Meyers, 94 P.3d 1271, 1272 (Colo. App. 2004) (“A party cannot
overcome a deficiency in the record by statements in the briefs.”).
7 ¶ 12 We are mindful that father is pro se. However, “[a self-
represented] litigant who chooses to rely upon his own
understanding of legal principles and procedures is required to
follow the same procedural rules as those who are qualified to
practice law and must be prepared to accept the consequences of
his mistakes and errors.” Rosenberg v. Grady, 843 P.2d 25, 26
(Colo. App. 1992).
III. APR
A. Standard of Review
¶ 13 A district court has broad discretion when allocating parental
responsibilities. See In re Marriage of Collins, 2023 COA 116M, ¶ 8,
544 P.3d 1258, 1265 (addressing parenting time); see also In re
Marriage of Morgan, 2018 COA 116M, ¶ 23, 428 P.3d 550, 554
(addressing decision-making responsibility).
¶ 14 We will not disturb the district court’s decision absent a
showing that the court abused its discretion, meaning that it
misapplied the law or acted in a manifestly arbitrary, unreasonable,
or unfair manner. See Collins, ¶ 8, 544 P.3d at 1265 (addressing
parenting time); see also Morgan, ¶ 26, 428 P.3d at 554 (addressing
decision-making responsibility).
8 ¶ 15 We review de novo whether the district court applied the
correct legal standard in making its APR decision. In re Marriage of
Crouch, 2021 COA 3, ¶ 21, 490 P.3d at 1091.
B. Restriction of Father’s Parenting Time
¶ 16 Father contends that, once the district court denied mother’s
request for a permanent protection order, his emergency parenting
time restriction should have “evaporated.” We dismiss this part of
the appeal.
¶ 17 Temporary orders terminate “when the final decree is entered.”
§ 14-10-108(5)(c), C.R.S. 2025; see In re Marriage of Salby, 126 P.3d
291, 295 (Colo. App. 2005). Thus, a party seeking review of a
temporary parenting time order must pursue appropriate relief
through a C.A.R. 21 petition. People in Interest of M.W., 140 P.3d
231, 233 (Colo. App. 2006) (Because “temporary custody orders are
not subject to appeal, . . . review must be taken pursuant to C.A.R.
21.”). Once the district court enters permanent orders, the
temporary parenting time order is no longer appealable. See Salby,
126 P.3d at 295.
¶ 18 The record shows that father did not seek C.A.R. 21 relief.
Accordingly, he cannot now appeal the temporary parenting time
9 order. Because the entry of the permanent orders mooted any
errors in the district court’s temporary parenting time order, any
opinion concerning that order would be advisory and, therefore,
improper. See § 14-10-108(5)(c); Salby, 126 P.3d at 301 (providing
that an issue is moot when a judgment, if rendered, would have no
practical legal effect upon the existing controversy); Stor-N-Lock
Partners #15, LLC v. City of Thornton, 2018 COA 65, ¶ 38, 488 P.3d
352, 359 (Appellate courts avoid issuing advisory opinions that
“would have no practical effect on an existing controversy.”). We
therefore decline to consider father’s appellate arguments regarding
the temporary parenting time order and dismiss this part of the
appeal.
¶ 19 To the extent that father argues the district court erred by
continuing his parenting time restriction at the permanent orders
hearing without making findings, we are not persuaded. See
§ 14-10-129(1)(b)(I) (“[I]n any order . . . continuing a parenting time
restriction, the [district] court shall enumerate the specific factual
findings supporting the restriction.”); In re Marriage of Thorburn,
2022 COA 80, ¶ 27, 519 P.3d 736, 741. In the permanent orders,
the court cited the expert’s testimony that father’s parenting time
10 was going well, but it also found that orders were “necessary for the
emotional protection of the children in this high conflict matter.”
Relying on the expert’s credible testimony, the court adopted the
expert’s recommendation to transition to supervised monitored
parenting time. See Thorburn, ¶ 49, 519 P.3d at 744 (stating that it
is for the district court to determine witness credibility and the
weight, probative force, and sufficiency of the evidence, as well as
the inferences and conclusions to be drawn therefrom). And we
must presume that the missing transcripts, including the transcript
reflecting the expert testimony that the court credited, support the
court’s findings and determination. See Beatty, ¶ 15, 279 P.3d at
1229; Dean, ¶ 13, 413 P.3d at 250.
C. Decision-Making Responsibility
¶ 20 Father contends that the district court did not make the
required findings when granting mother most, if not all,
decision-making responsibilities. We disagree.
¶ 21 When a party has committed domestic violence, it is not in the
children’s best interests to allocate joint decision-making
responsibility over the abused party’s objection unless the district
court finds credible evidence of the parties’ ability “to make
11 decisions cooperatively in the best interest of the child[ren]” and “in
a manner that is safe for the abused party and the child[ren].”
§ 14-10-124(1.5)(b), (4)(a)(II)(A), C.R.S. 2025.
¶ 22 The district court found that mother was the victim of father’s
domestic violence. The court indicated that the parties were in
“high conflict,” which necessitated an order requiring no
face-to-face contact and that all parenting time exchanges occur
through a third party. The court specifically found that the
children were still concerned about the parties’ interaction and that
they would benefit from family therapy to help them navigate the
parental conflict.
¶ 23 So contrary to father’s contention, the district court made
sufficient findings, and we can understand the basis of its decision.
See In re Marriage of Gibbs, 2019 COA 104, ¶ 9, 446 P.3d 968, 970
(“The district court must make sufficiently explicit findings of fact to
give the appellate court a clear understanding of the basis of its
order.”); In re Marriage of Garst, 955 P.2d 1056, 1058 (Colo. App.
1998) (“Factual findings are sufficient if they identify the evidence
which the fact finder deemed persuasive and determinative of the
issues raised.”). Given the court’s findings of domestic violence and
12 ongoing high conflict, its allocation of decision-making
responsibilities was not an abuse of discretion. See
§ 14-10-124(1.5)(b), (4)(a)(II)(A); Morgan, ¶ 23, 428 P.3d at 554.
IV. Property Division
¶ 24 A district court has broad discretion to equitably divide a
marital estate based on the particular facts and circumstances of
the case, and we will not disturb its decision absent an abuse of
that discretion. Collins, ¶ 19, 544 P.3d at 1267; see § 14-10-113(1),
C.R.S. 2025; see also In re Marriage of Smith, 2024 COA 95, ¶ 67,
559 P.3d 662, 667 (weighing the section 14-10-113(1) factors is
within the court’s sound discretion). The property division need not
be equal. In re Marriage of Capparelli, 2024 COA 103M, ¶ 9, 561
P.3d 417, 421.
B. Mother’s Office Property
¶ 25 Father contends that the district court erred by classifying
mother’s office property as her separate property. See
§ 14-10-113(1) (stating that, before dividing the marital estate, the
district court must first determine whether each asset is marital
property, which is subject to division, or separate property, which is
13 not). He is mistaken. The court determined that the office property
was marital and awarded it to mother.
¶ 26 Father also challenges the district court’s finding that the
office property had a value of $34,000, arguing that the $120,000
loan lacked an “enforceable promissory note” and that mother was
not obligated to repay it. See In re Marriage of Wright, 2020 COA
11, ¶ 4, 459 P.3d 757, 759 (holding that, when dividing the marital
estate, the district court must value each asset). But the court
credited mother’s testimony that the loan existed and remained
outstanding. See Thorburn, ¶ 49, 519 P.3d at 744. And we must
again presume that the record would support the court’s valuation
finding. See Beatty, ¶ 15, 279 P.3d at 1229.
¶ 27 Father maintains that the property division should be reversed
because the district court omitted mother’s rental income from the
office property. But we do not address this argument because he
does not support it with legal authority or meaningful legal
analysis. See In re Marriage of Zander, 2019 COA 149, ¶ 27, 486
P.3d 352, 357 (holding that an appellate court will not consider an
argument not supported by meaningful legal analysis), aff’d, 2021
CO 12, 480 P.3d 676.
14 C. Father’s Financial Contributions and Improvements to the Marital Residence
¶ 28 Next, father contends that the district court erred by dividing
the marital estate because it ignored his financial contributions
from his family trust and the work he put into improving the
marital residence during the marriage. See § 14-10-113(1)(a) (the
district court considers a party’s contribution to acquiring the
marital property as a factor when dividing the marital estate). The
court, however, expressly found that both parties made substantial
contributions to the marital estate, and we presume the court
considered all the evidence admitted at the permanent orders
hearing. See Collins, ¶ 21, 544 P.3d at 1267.
D. Omitted Property
¶ 29 We reject father’s contention that the district court’s property
division omitted mother’s interest in Fulton Investments LLC, the
Porsche, and her retirement account.
¶ 30 The district court must allocate all marital assets and debts.
See In re Marriage of Page, 70 P.3d 579, 582 (Colo. App. 2003). “If
property is omitted from permanent orders without explanation, the
15 property division cannot stand.” In re Marriage of Rodrick, 176 P.3d
806, 815 (Colo. App. 2007).
¶ 31 The district court found that mother’s 5% interest in Fulton
Investments LLC, through which she held an interest in the
Longmont property, was marital property; valued it at $1,300; and
awarded it to her. The court also found that the Porsche was
marital property, determined it had a negative value, and awarded it
to mother. Finally, the court found that mother’s retirement
account was entirely marital, accepted its stipulated value of
$13,797, and awarded it to her. Because the court classified,
valued, and distributed each of those assets, we discern no error.
See § 14-10-113(1); Wright, ¶ 4, 459 P.3d at 759; Page, 70 P.3d at
582.
¶ 32 We decline to address father’s related assertion that the
district court failed to divide mother’s business — Goodvin
Properties LLC — as well as her airline miles and points. Without
the benefit of the hearing transcripts, we do not know whether or
how the issues were raised at the hearing. See C.A.R. 28(a)(7)(A)-(B)
(An appellant’s opening brief must include, among other things, a
statement on “whether the issue was preserved, and if preserved,
16 the precise location in the record where the issue was raised and
where the court ruled” and “a clear and concise discussion of the
grounds upon which the party relies in seeking a reversal[,] . . . with
citations to the authorities and parts of the record on which the
appellant relies.”); see also O’Quinn v. Baca, 250 P.3d 629, 631
(Colo. App. 2010) (declining to address an issue because the parties
failed to direct the court to a place in the record where the issue
was raised and ruled on). In any event, father does not develop this
assertion. See Zander, ¶ 27, 486 P.3d at 357.
V. Maintenance and Child Support
¶ 33 We review maintenance and child support orders for an abuse
of discretion. See In re Marriage of Medeiros, 2023 COA 42M, ¶ 58,
534 P.3d 531, 542 (addressing maintenance); see also Collins, ¶ 37,
544 P.3d at 1269 (addressing child support).
B. Father’s Gross Income
¶ 34 Father contends that the district court erred by finding that he
was voluntarily unemployed and by imputing to him a monthly
income of $3,033 when determining maintenance and child
support. We disagree.
17 ¶ 35 When calculating maintenance and child support, income
means a party’s actual gross income if the party is fully employed.
See § 14-10-114(8)(a)(II), C.R.S. 2025 (addressing maintenance); see
also § 14-10-115(3)(c), C.R.S. 2025 (addressing child support). If,
however, a party is voluntarily unemployed or voluntarily
underemployed, maintenance and child support must be based on
that party’s potential income. See § 14-10-114(8)(c)(IV) (addressing
maintenance); see also § 14-10-115(5)(b)(I) (addressing child
support). “Potential income” is the amount a party could earn from
a full-time job commensurate with the party’s demonstrated
earning ability. Capparelli, ¶ 35, 561 P.3d at 425 (quoting People in
Interest of A.R.D., 43 P.3d 632, 637 (Colo. App. 2001)).
¶ 36 Income imputation is a question of fact, and the district
court’s findings regarding potential income are entitled to deference
if adequately supported by the record. In re Marriage of Yates, 148
P.3d 304, 311 (Colo. App. 2006).
¶ 37 In its temporary orders, the district court found that father
was earning very little from his business buying and selling
motorcycle parts. The court found that he was voluntarily
18 underemployed and imputed to him a minimum wage income of
$2,499 per month.
¶ 38 More than a year later, at the permanent orders hearing, the
district court found that father remained voluntarily underemployed
so long as he continued in his motorcycle business, or voluntarily
unemployed if he did not. The court added that father had “done
nothing to maximize his earning ability since temporary orders.”
See People v. Martinez, 70 P.3d 474, 480 (Colo. 2003) (“A [district]
court may interpret a parent’s lack of initiative in finding or keeping
work as a voluntary refusal to fulfill a support obligation.”).
¶ 39 The district court imputed to father a monthly income of
$3,033 based on his knowledge of and sales experience with
motorcycles. Those findings are sufficient, and we presume the
missing transcripts would support the court’s income finding. See
Gibbs, ¶ 9, 446 P.3d at 970; Beatty, ¶ 15, 279 P.3d at 1229.
C. Mother’s Gross Income
¶ 40 Father contends that, because mother did not comply with her
C.R.C.P. 16.2 financial disclosure obligation, the district court
lacked adequate evidence to determine her gross income and clearly
erred by finding she earned $7,000 per month. He also argues that
19 the court erred by excluding her rental income from the office
property. But because father did not provide us with transcripts of
the permanent orders hearing, we must presume they would
support the court’s income finding. See Beatty, ¶ 15, 279 P.3d at
1229.
¶ 41 Moreover, father insists that the district court failed to
consider evidence that mother used her business accounts to pay
personal expenses. The court, however, directly addressed that
issue. It found mother’s testimony regarding “payments for her car,
truck, and some of [her] travel expenses and meals” not credible
because those “areas [could] be easily manipulated to also pay
personal expenses.” After reviewing mother’s Schedule C, the court
found that she overstated her business expenses by a minimum of
$2,400 and, as a result, added that amount to her gross income.
D. Maintenance Term
¶ 42 Father contends that the district court failed to explain why it
limited his maintenance award to three years despite the parties’
fourteen-year marriage. We are not persuaded.
¶ 43 The district court found that father was currently unemployed
but capable of working. The court determined that the guideline
20 maintenance term was inappropriate and instead set a three-year
term, explaining that this period would give him sufficient time to
secure suitable employment.
¶ 44 Although the duration of the marriage is one of the factors the
district court must consider, it is not dispositive. See
§ 14-10-114(3)(c)(VII). The court must also evaluate the parties’
employability obtainable through reasonable diligence and
additional training or education. See § 14-10-114(3)(c)(V). Given
the court’s finding that three years was ample time for father to
reenter the workforce and become self-supporting, we cannot say
that the court’s three-year term was manifestly arbitrary,
unreasonable, or unfair. See Medeiros, ¶ 58, 534 P.3d at 542;
Collins, ¶ 37, 544 P.3d at 1269.
VI. Disposition
¶ 45 The portion of the appeal challenging the temporary parenting
time order is dismissed. In all other respects, the judgment is
affirmed.
JUDGE WELLING and JUDGE TOW concur.