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Colorado Child Support Questions & Answers

1 Answer | Asked in Divorce, Child Custody and Child Support for Colorado on

Q: In Colorado, I signed form for wife to take kids to CA, but now she won't allow me any contact. what can I do? Div final

I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?

John Hyland Barrett III answered on Jul 16, 2019

Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on

Q: Been in colorado 4 months with my two kids. Can I file from colorado for divorce

Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.

John Hyland Barrett III answered on Jul 16, 2019

You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: I am currently receiving $700 per month for 2 children. This was set 5 years ago when I was making a decent wage.

Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?

John Hyland Barrett III answered on Jul 9, 2019

This depends on his income. You should expect the amount to actually increase due to your decreased earnings if he is making the same or more. It could decrease if he is making less. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Support for Colorado on

Q: What can I do, If the father has to pay over 400 and only gives $86 a month?

John Hyland Barrett III answered on Jun 3, 2019

You can garnish his wages, attach his bank account and have him held in contempt of court-which can lead to a fine and jail. You should get a lawyer to help you collect this money.

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2 Answers | Asked in Child Support for Colorado on

Q: My daughter lives with me mom. She is attending college. She will be nineteen June24. HER DAD pays 250.00 per month

She is in college and Dad feels he is done paying child support and will not help with college expenses. How do i get him to help pay for those expenses?

John Hyland Barrett III answered on May 22, 2019

Her father has no legal obligation to help with college expenses unless your divorce decree provides for that, which is unlikely. Likewise, his obligation to pay child support will end when she turns 19.

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2 Answers | Asked in Child Support for Colorado on

Q: I forgot to include a proposed order form with a motion I just filed. Will the motion be rejected?

I filed a motion to change venue and I believe the court requires a blank "general order" form to be included with the filing, but I don't know if there are any statutes or case precedents which forgive such an error.

John Hyland Barrett III answered on May 8, 2019

This depends on how picky that court is. I have seen it rejected on that basis and I have seen it not to be a problem. If rejected, you should be able to refile. Hopefully, you will still be within the required time period. You may want to file a proposed order at this time.

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1 Answer | Asked in Child Support for Colorado on

Q: If the grandparents have custody shouldn't both parents have to pay child support?

John Hyland Barrett III answered on May 7, 2019

Parents have a legal duty to provide support for their children, even if the children are in another's custody. You should consult with an attorney if you are dissatisfied with the current arrangement.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: If a mother refused child support in court, can she go after child support later on?

The child in question has decided to live with his mother full time, instead of going back and forth between his parents' homes. The mother, who originally refused child support in court several years ago, said that she'll go after the father for child support (should the child live with her full... Read more »

John Hyland Barrett III answered on May 6, 2019

The child support is modifiable-so it can be changed based on changes in income and residence. You should consult with a lawyer about this.

1 Answer | Asked in Child Support for Colorado on

Q: If I become a host home provider to a disabled individual does this type of income count toward child support?

This type of income is similar to foster care income.

John Hyland Barrett III answered on Apr 29, 2019

Yes, virtually all income, including this, would count.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do

So my husband shares custody of the boys with his ex, they were never married, judge decided 5 years ago that it was better for the boys to live with dad because of a history of child abuse and negligence from her side, child abuse keeps happening, according to child services the abuse is not bad... Read more »

John Hyland Barrett III answered on Apr 15, 2019

Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the... Read more »

1 Answer | Asked in Child Support for Colorado on

Q: Can my ex with hold half the court ordered child support simply because she thinks I should pay for half a bill she owes

My ex is trying to withhold part of the court ordered child support she has to pay just because she thinks I should pay for half of a bill that she owes solely on your own! Does this action make her in contempt of a court order?

John Hyland Barrett III answered on Mar 18, 2019

The child support order needs to be complied with without off-set for some other obligation. Failure to pay child support can be punished as contempt of court. you should get a lawyer to help you enforce the order.

1 Answer | Asked in Child Support for Colorado on

Q: how does Colorado factor in a new baby for child support?

I have a current obligation of $452/month for one child. My wife just had a baby and I was wondering how child support factors in the new baby into my child support. Is there a set amount or percentage that is factored in to child support being lowered? Does my wife have to file child support and... Read more »

John Hyland Barrett III answered on Mar 18, 2019

You should receive an adjustment in the calculation to account for your additional child. Basically, when running the calculation, your income is reduced by the amount of child support that would have been paid for the new child. This probably would not make much difference. You should consult with... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Will my ex have to count his income “assistance” on our financial worksheet?

My ex doesn’t work or go to school. His mom pays all his living expenses bc they are extremely wealthy.

I just got a job offer in Nebraska and want to go to court and ask for my son for the school year and he can have him for breaks and weekends and such (it’s only 5.5 hrs away).... Read more »

Brynne Gant answered on Feb 16, 2019

When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

My ex filed this in response to me enforcing a child support order

Courtney Edwards answered on Feb 13, 2019

There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I...
Read more »

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1 Answer | Asked in Child Support for Colorado on

Q: Case mgmt order issued on Verified Etry of Support Jdgmt, do I have to wait to file Contempt Motion on other issues?

Can I address other unresolved issues or other unpaid reimbursements thru a filing of a Motion for contempt, if judge has already issued a case management order on the Verified Entry of Support Judgment, that includes mediation end of February? Or do these other issues have to be addressed thru... Read more »

John Hyland Barrett III answered on Feb 1, 2019

You should be able to pursue the other matters without waiting on resolution of the judgment issue. It would be up to the judge to decide how s/he wants to proceed. The court may want to deal with all matters at one time. It sounds like you should hire a lawyer to deal with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Can I take away my ex's rights and have my husband adopt my daughter

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can... Read more »

Courtney Edwards answered on Jan 17, 2019

Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it... Read more »

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1 Answer | Asked in Child Support for Colorado on

Q: Can unpaid health insurance reimbursement in support order, be included in Verified Entry of Support Judgment in CO?

Or can I only include unpaid Child Support? Support order states monthly support amount AND reimbursement of health insurance premium

John Hyland Barrett III answered on Dec 31, 2018

You may be able to do it IF the order states the amount of health insurance reimbursement. Otherwise, you can file a motion for entry of judgment. He can respond and the court may set a hearing. you should retain an attorney for this.

1 Answer | Asked in Child Support for Colorado on

Q: my son's dad wont agree to the child support calculator based upon his income wages will the judge tell him different?

we recently had mediation and we set a parenting plan he agreed to everything but when it came down to the child support I wanted it to go by the calculator based on his income wages and he didn't agree my son lives with me full time he would only have him weekends up until now with this new... Read more »

John Hyland Barrett III answered on Dec 31, 2018

The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: I recieved a JDF 1415, is this not a child support change?

John Hyland Barrett III answered on Dec 6, 2018

JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

1 Answer | Asked in Child Support for Colorado on

Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support

can they make you pay CS without proof you are the dad

John Hyland Barrett III answered on Dec 5, 2018

I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.

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