Q: I was order to pay back child support but the kids live with me full time. Do I still have to pay the back child support
My ex moved about 2 years ago and haven’t paid any money. Can I get, back child support from her? And how will this affect if any, me paying back child support? There is a court order for me to pay child support. Just to reinstate she lives in a different state, hasn’t paid me child support. The support comes out of my check. How do I get this turned around? And will they award me back child support? Or will they make it even since I’m still paying for back child support?
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A: You will still have to pay back what you owe. However, you could seek to modify retroactively to when she left the kids with you, maybe and depending on all facts, pursuant to CRS 14-10-122(5). More information is needed to fully assess your situation and you should consult with a child support attorney. If she is ordered to pay you child support, you could potentially pay back some of what you owe via that, or her withholding some from that.
A: You need to file a motion to modify child support. The modification may be made retroactive to the date the children started living with you. You should retain an attorney to make sure this comes out ok.
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