Q: Colorado retroactive if father denies a change in physical care occurred.
Is there a way to prove a change in physical care occurred if I have received food stamps for my child for past 5 years, even if my ex denies that my daughter has lived with me in order to keep me from getting retroactive child support?
A: First you have to prove that physical change occurred, then you can pursue retroactive support.
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A: Showing that you received food stamps for your child for the past 5 years is evidence of her residing primarily with you. Pursuant to C.R.S. 14-10-122(5), there must either have been a court ordered or agreed upon change in custody. If the prior orders had you and your ex either at 50/50 parenting time, or your daughter residing primarily with him, you should be able to go back to when she came to reside primarily with you. If the orders were that she resided mainly with you and he just had visitation, then you will not be able to get retroactivity for the 5 years.
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