People v. Lindstrom.
No. 24PDJ018. 3/6/2024. Stipulation to Discipline.
April 7, 2024
The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and suspended Timothy John Lindstrom (attorney registration number 50715) for one year and one day, all to be stayed pending Lindstrom’s successful completion of a three-year period of probation, with conditions. The probation took effect on March 6, 2024.
Lindstrom and his former spouse agreed to dissolve their marriage through a plan made by order of the El Paso County District Court. Under the plan, each party is responsible to pay $250 worth of extraordinary medical expenses annually for their child. If either party incurs costs above that amount, they are to reimburse the other for those costs based on a percentage of their incomes. The party incurring the costs must show proof of payment, and the reimbursing party must pay within 30 days. The plan required Lindstrom to pay child support.
On September 8, 2022, the court issued an amended child support order requiring Lindstrom to pay $931.69 a month in child support, a sum that encompassed $752.86 in actual child support and $178.83 toward retroactive child support arrearages arising from a modification. Under that order, Lindstrom was to pay down the arrearage over a 12-month period of time. But Lindstrom did not pay the full monthly amount between September and December 2022. In both September and October 2022, Lindstrom paid just $553.84 monthly in child support. In November and December 2022, he paid $860.02 each month. Lindstrom did not pay any child support for the three months between January and March 2023. Between April and November 2023, Lindstrom paid the full amount owed in child support.
In 2023, Lindstrom’s former spouse presented receipts for extraordinary medical expense payments she incurred related to care for their child. Lindstrom did not pay his portion of these expenses within 30 days as the plan required.
On March 30, 2023, Lindstrom completed his Colorado attorney registration for 2023. Lindstrom certified in that process that he was in compliance with child support orders, even though he knew he was not in compliance.
On about December 22, 2023, Lindstrom made a $6,697.70 payment to his former spouse that included payment for all child support arrearages as well as for unpaid extraordinary medical expenses. This payment specifically encompassed support owed for payments he did not make in full in 2022 along with payments and interest for unpaid child support in January through March 2023. This payment also covered the retroactive support arrearages required by the court order of September 8, 2022. On January 31, 2024, the court entered an order adjusting Lindstrom’s arrears balance to $0, effective that same day.
Through this conduct, Lindstrom violated Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal) and Colo. RPC 8.4(c) (it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation).