Denver, CO asked in Family Law, Child Custody and Child Support for Colorado

Q: X agreed that son and I could leave the state. He Changed his mind and now he's in another country. What can I do?

I talked with my x about moving to another state. Initially he agreed. He has a home of record in the state we live in but he does not reside in the state. IF he decides to come get our son, they stay in a hotel or Air BnB. As per custody agreement he's to get our son 6 consecutive days a month. 2020, he spent 24 days with our son. 2021 maybe 33 days. This year I THINK they had dinner in January. They were not all overnights. Some days were lunches, dinners or a day or so here and there. He recently stop making child support payments, and left the country. What can I do?

1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: I am sorry to hear about your situation. You can move to modify the parenting plan and enforce support. However, you do have to notify him. Generally for post-decree actions you can mail a copy of the filing documents to his last known address. However because you know that he is out of the country, you should have him served overseas which is not always a simple process. You can go through child support enforcement with regards to child support if he pays through that agency as they have their own enforcement mechanisms and do not charge you for collections.

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