Denver, CO asked in Child Support for Colorado

Q: If I have power of attorney of my nephew, am I able to try and get child support?

His mother my sister refuses to help and his father already pays my sister. I'm only asking because it would help him more.

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Requesting and receiving child support is conditional upon having a child support order and some amount custody must be granted by a court before support can be requested. A POA does not establish any custodial rights.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: Before you can really do anything tied into child support you likely need to seek custody of your nephew. If granted custody you can, in theory, collect child support from both parents. If there are custody orders in place between the parents, you could intervene in that case. You need to consult with an attorney to get more specific input as to what you should do.

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