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I've had my niece here in Denver Colorado since August 25 2019. Her mother (my younger sister) had wrote on a piece of paper saying she has given me temporary guardianship
but hasn't bothered to call or text and see how she's doing since me having her. I honestly don't... View More 
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answered on Oct 23, 2019
The Court will only give a family member custody over the wishes of the parent if the child is endangered. However, you could ask your sister to consent to a longer period of guardianship and it could be formalized through the courts. The state where the child has been living for the last six... View More
He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... View More
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answered on Oct 23, 2019
Support payments are not dischargeable in bankruptcy.
none
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answered on Oct 23, 2019
I agree with the last answer. Child support is the right of the child and can not be cancelled by agreement. The parties can agree to a deviation from the guidelines, however a court does not have to issue that agreement as a court order if it does not find it in the best interests of the child.
I am decision maker, I enrolled her in school, he was on board but now finds it inconvenient to take her and pick her up.
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answered on Oct 15, 2019
Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.
Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... View More
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answered on Oct 26, 2019
Usually if parties agree to parenting matters, then a CFI is not required.
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answered on Oct 24, 2019
I agree with the last answer. It would be important to have an understanding of the complete settlement offer before an attorney could advise you of whether it is reasonable or not.
I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of... View More
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answered on Oct 23, 2019
You can always request a modification upon a substantial and continuing change of circumstances resulting in a 10% or more change in support. As far as the child living with friends out of state, that does not constitute emancipation. Events such as marriage or military service do result in... View More
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answered on Sep 21, 2019
Please provide more information. Are you indicating that the child does not share the last name of the father? Perhaps you are asking about a paternity action? When you mention case, what kind of case are you thinking of?
She took the kids while he was detained and has now filed for custody and change for parenting plan. He has not been arrested or charged. What should he do?
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answered on Sep 21, 2019
I agree with the last answer. If he does not file a response, the Court can decide the matter without his input. When he files a response, he will have the opportunity to be heard and to present evidence as to why he should retain custody. Courts like to see stability for the children, however... View More
So 1 year ago my ex was ordered to pay me 115$ a month in child support. Long story short.
#1: amendment filed 24 hours later. My attorney made no contact with me after that until 6 months later. Last e-mail was her saying you don’t have to be here.
#2: I live in Denver, my ex... View More
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answered on Sep 17, 2019
Generally motions for child support are effective as of their filing date and are not retroactive. There is an exception for an agreed upon parenting time change. Child support is the right of the child so you will not receive an order that does not require you to support your children. You should... View More
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answered on Sep 17, 2019
Generally mental exams are protected files in court cases so only parties to the action should be able to obtain them through the court process. Whether they can be obtained from the evaluator may depend on whether someone has been granted authority by a court to access the report. It would be... View More
Can we be compensated for the support we spent?
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answered on Sep 17, 2019
If you had no agreement to be compensated for supporting the child, there is no legal remedy that would automatically entitle you to support. However, it is always important to know the facts such as the circumstances of the care.
I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.
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answered on Sep 17, 2019
I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit... View More
We do not know how to get a referral for her forensic assessment and wondered if getting a pro bono lawyer, as we are a low income family, would help solve our issues. I have a ton more information regarding the exact situation if this is the right direction.
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answered on Sep 9, 2019
You should consult with an attorney who will need information about any prior court orders and will need to understand the context of the need for a forensic evaluation. This matter clearly has a history involving some form of safety issue. You could also consult with a therapist who might be able... View More
He has re-enrolled in high school but has not been attending. How does this affect child support, as both parents agreed it would stop with him moving out.
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answered on Sep 9, 2019
I agree with the last answer. Because the child is not emancipated, the support continues until he is 19. The parents can not agree to an action that is contrary to a court order with regards to support as support is the right of the child.
It would be for the financial affidavit, she receives $1000 a month from me but reports only receiving 300 from “support”. They filed this on May 30th 2019 and I haven’t received anything until I was called and told verbally by her attorney today Aug. 31 2019. Feeling lost as to what to do... View More
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answered on Sep 1, 2019
It sounds like you may be paying child support arrears. She would report the regular child support amount, however would not necessarily include arrears payments because that is not part of the regular child support amount.
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answered on Sep 1, 2019
It depends on the situation. Generally if you have been caring for the child for the past six months you may have some rights to file for custody. However, you should contact the Department of Human Services if the children are in danger.
While I was holding my son what can I do
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answered on Sep 1, 2019
You should consult with an attorney and share more details. This does not sound like a good situation for a child to be in. Perhaps you should file for an allocation of parental responsibilities to work out with the mother or the court the best situation for the child.
I have 4 other little kids that I support a 1 year old 2 and 3 and a 1 month and I don't know what to do.
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answered on Aug 29, 2019
You will receive credit in the child support calculation for the support that you provide to other children so your support will not be as high for your 10-year old. You are required legally to support all children.
I was granted 50/50 custody of my 9year old daughter with my ex's mother after a very long CPS intervention. For the last 2years, I have only been granted access to my daughter 2x per week for an hour under the watch of CPS. But I have always learned from my mistakes and got sober for my... View More
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answered on Aug 29, 2019
If you ex is violating a court order, you can file a motion to enforce the order or for contempt. You should consult with an attorney to review your court order with you to evaluate recourse.
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