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Colorado Child Support Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

2 Answers | Asked in Child Support for Colorado on
Q: My sons dad didn't pay child support til he was 7 when the county found him. do I sue for the support before that time?

The court did not find him til my son was 7. My son is turning 19 next month and we want to know how to go about getting back support from before the court order

Sabra M. Janko
Sabra M. Janko answered on Dec 22, 2021

If you file in juvenile court, as opposed to domestic relations court, you might be able to request pay before the time that you file the court action. However it sounds like there has already been some court activity in the case and that may impact your current options.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 16, 2021

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The attorney can not disclose the reason for withdrawal due to client confidentiality.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 7, 2021

The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: What do I need to start a divorce case including child support and custody in Colorado
Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2021

You should have an attorney assist you in filing a petition for dissolution with children and to guide you through the process of negotiation, mediation and possibly litigation.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Child Support for Colorado on
Q: What to do when no child support order is in place?

Had a combined family support order ( child support and alimony) in place for the last year. It ended with the September 1st payment. I do not want to fall behind or get ordered to pay back child support. But there is no longer an order in place.

Correct me if I am wrong but without an... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

It is unusual that a support order would expire before the age of majority. If you do not have a support order and want one, you can file for an allocation of parental responsibilities in court or you can go through Child Support Enforcement to set up an order though an administrative process.

1 Answer | Asked in Child Support for Colorado on
Q: Is a Verified Petition for Paternity and Support the 1st complaint filed for Child Support in Colorado?

Asking because my husband was improperly served and not served within 63 days of the time frame to be served from the date the complaint was filed.

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

A petition is the initiating document in a paternity and initial child support action. If he was not timely served, he can move to dismiss.

1 Answer | Asked in Child Support for Colorado on
Q: So if I just found out that the 15 & 6 yr old kids were actually not mine can I get support from the father? Wife left.

My ex cheated with same guy 15 years now she’s gone and doesn’t even call them. She left me to go and be with him. Now I have been told that they are likely not mine as she has been obsessed with this person her entire life. Now im raising the kids alone and they are off living their fantasy.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

In domestic relations court, child support can only go back to the date of filing. You can file for support and a determination of paternity now. If the children were born during a marriage between you and the mother and/or if your name is on the birth certificates, then you are the presumed father.

1 Answer | Asked in Child Support for Colorado on
Q: Can I change a child support order to claim my child every year if I have full custody in colorado

Support order from 2016 says the other parent can claim every other year if child support is paid in full. This hasn't been an issue because child support hasn't been paid in full at any time since then. I just want to modify the order so that I am the only one who claims the child unless... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

Most parents alternate the tax benefits. You can see if the other parent will agree. You can always ask for a modification, however you would have to justify why it would be in the best interests of the child for you to take the tax benefit each year.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 9, 2021

Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... Read more »

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

Sabra M. Janko
Sabra M. Janko answered on Jun 16, 2021

Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.

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1 Answer | Asked in Child Support for Colorado on
Q: Back child support owed?

Child (17) was previously unknown. The mother's rights were terminated when child was 12. Presumably, so was the father's rights because they didn't know who he was but ran legal announcements before the adoption. Child was adopted by a relative & a non-relative. What is the... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 14, 2021

Child support generally only goes back to the time of filing a motion for child support, not before. Here, whether his rights were terminated and/or on whether parentage can be established may also be relevant factors.

1 Answer | Asked in Child Support for Colorado on
Q: Child support office has wrong amount owed in system.

I have arrears that need paying. Close to 8k. I’ve paid and have proof of paying close to 3500 of those arrears. Child support is saying I’ve only paid 1k even after sending them the proof. What can I do to get them to change the balance owed?

Sabra M. Janko
Sabra M. Janko answered on May 3, 2021

I am sorry to hear about your situation. You may want to ask them why they are not crediting all of your proof, or have an attorney coordinate that issue with them for you.

1 Answer | Asked in Child Support for Colorado on
Q: Until what age is child support paid in Colorado
Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

Child support is paid until age 19 in Colorado.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can custodial parent deny vacation time?

If the Parenting Agreement says we get 2 weeks vacation and just have to let the mother know 14 days in advance, where we are going, and contact numbers to get ahold of the child. The parenting agreement does not say there are certain times in which we can take vacation, or that we need approval... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

Based on what you are saying you are entitled to two weeks of summer time, however it would be necessary to review the parenting plan to interpret it specifically. Many plans require coordination or provide a provision for conflicting choices of time.

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