Cedaredge, CO asked in Child Support for Colorado

Q: Is there such a thing as getting child support forgiven in a 12 year old case? If so what is the process?

Bio father cannot pay child support never has paid. He can't hold a job. He is Bi-Polar. He doesn't have a drivers license and can't get one. He has been jailed 6 times and done time for non payment and driving under suspended license. Child adopted 12 years ago. This just keeps snowballing. This has affected 7 households in our family and made his mental state worse.

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: There is a 20 year statute of limitations. If the child was adopted 12 years ago, then there should be no continuing duty of support, starting 12 years ago. I have to presume that we are talking about back child support from over 12 years ago. Under Colorado law, there is a 20 year statute of limitations regarding child support payments. I have never heard of a court just "forgiving" a child support obligation. If the other party is willing to agree to forgive the obligation, then an agreement can be filed with the court regarding such.

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