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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can I go back to prison over child support.

So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... Read more »

Sabra M. Janko
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answered on Nov 27, 2022

You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: How can Texas put a lien on me about child Support when my court order is from Colorado I been incarcerated in Colorado

My court order is in Colorado and I also have documents showing the child has been in Colorado with me going to school for four years and I also had to take her for medical and she was enrolled in school out here in Colorado when I reported it she took child back to Texas without withdrawing her... Read more »

Sabra M. Janko
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answered on Nov 2, 2022

It sounds like she transferred the case to Texas if it is through Child Support Enforcement and Texas is now handling enforcement.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... Read more »

Sabra M. Janko
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answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Can I stop child support payments if I'm overpaid?

I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... Read more »

Sabra M. Janko
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answered on Oct 27, 2022

It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... Read more »

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I paid child support with my monthly agreement made them all on time and still they suspended my license ?

Have a monthly agreement to pay a certain amount every month I have kept to my agreement but this is the 3rd time now they have suspended my license forcing my husband that has no obligation to my child support to pay for my reinstated again. Now he won't pay it cuz it just keeps getting... Read more »

Sabra M. Janko
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answered on Oct 25, 2022

personallyIt sounds like there may be some agreement that might contradict a court order. You have to pay the court ordered amount. If you have a substantial and continuing change of circumstances, then you can move to modify the child support ongoing amount. You just have to show your proof of... Read more »

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My child is now 31 years old. can I sue his father for arrearages that were owed in a child support case from 2006?

In 2006 they closed my child support case because both parents moved out of the state of Oregon even though my son was not of age. Colorado which is where I live now refuse to open a new case. I believe it was $4000 to $5,000 owed in arrearages. Now support enforcement is telling me I can reopen... Read more »

Sabra M. Janko
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answered on Oct 21, 2022

If he owes arrears then you can collect it.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I'm in arrears on my child support obligation and my child is almost 30 years old. I want to take it off the registry sh

She won't. Is there any way I can have that changed I do a lot for her that doesn't come off the registry and it is hard on me. How do I get any credit for anything I do for her ?

Sabra M. Janko
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answered on Oct 21, 2022

There are no legal grounds to cancel the support. Nor are there legal grounds to substitute the value of things that you do other than paying child support for the support arrears.

1 Answer | Asked in Child Support for Colorado on
Q: You Does VA education benefits count as income if I also have a full-time job?

I had to start school to receive the housing stipend to help me offset child support.

Sabra M. Janko
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answered on Oct 1, 2022

The GI Bill stipend does not count as income for support purposes.

1 Answer | Asked in Child Support for Colorado on
Q: Myself&Children live in CO, Father on FL. Orgnl Support Order from MO. Can I move support order to CO and modify in CO?

Our Original divorce decree was settled in MO in 2019, Children’s Father and I have both moved out of MO, Children and I reside in CO while he moved to FL. He took me back to court in MO in 2021 and received an order that he may pay $596 for both children down from $700 the previous years. My... Read more »

Sabra M. Janko
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answered on Sep 26, 2022

Interstate jurisdictional issues can be tricky. Jurisdiction is most likely where he is now since you both moved out of MO. You can always file for child support where he is. However, Colorado jurisdiction it may depend on whether he has any contacts with Colorado and what those are.

1 Answer | Asked in Family Law, Child Custody, Child Support and Tax Law for Colorado on
Q: How are taxes done after a divorce if I'm the custodial parent?

Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?

Sabra M. Janko
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answered on Sep 9, 2022

It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.

1 Answer | Asked in Child Support for Colorado on
Q: Can fathering more children lower existing child support?

My child’s father and I have 50/50. Currently he is ordered to pay $350 a month in child support. Recently my sons father married and had a child with his wife and adopted her teenage daughter (not biological his). He requested to modify child support based on fathering 2 children and the child... Read more »

Sabra M. Janko
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answered on Aug 29, 2022

Yes, in Colorado. In some states children born or adopted after the initial support order do not make the payor eligible for. credit.

1 Answer | Asked in Child Support for Colorado on
Q: What is the procedure and what form is used to garnish social security benefits gor payment of child support?

State of Colorado. Also if the social security benefits have not been applied for can they still be garnished. Ex husband just turned 60. He is hiding out in the Philippines. I dont know if he will ever apply to draw social security benifits. But he paid in for years. Is more that 311... Read more »

Sabra M. Janko
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answered on Jul 17, 2022

Social security wages can not be garnished if they are not being received. As for the form, you would have to bring a court action and use the state forms for garnishment. Additionally you would have to serve Husband with notice of the proceeding under the service rules of the overseas country.... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does it mean when an attorney for Adams county human services files for special entry of appearance and

Notice of intervention to a current court case?

Sabra M. Janko
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answered on Jul 16, 2022

It could be for child support purposes or dependency and neglect purposes.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Do I have to pay child support if I signed away my parental rights in Colorado? How can I find a copy of the document?
John Hyland Barrett III
John Hyland Barrett III
answered on May 10, 2022

I'm not sure what you mean by "signed away my parental rights". If the child has been adopted by another parent, your child support obligation ends as of that date. You can still be responsible for any amount owed before then. You should be able to get a copy of what you signed from the court.

1 Answer | Asked in Child Support for Colorado on
Q: I received a payment adj. in the mail does the other parent requesting this get to see all of my info or paperwork?

The custodian parent requested an “adjustment” I filled out all the documents and sent them back, haven’t heard anything yet…… does the custodian parent get to see all the paperwork I filled out with all my information on it?

Sabra M. Janko
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answered on Mar 20, 2022

Yes, both parents have the right to see all of the financial disclosures filed in relation to the case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I request a judge to speak to my kids regarding the treatment they are receiving at their fathers house?

We have 50/50 custody, the father lives in Canon City and I live in Fountain. I am planning on moving to Denver before the end of the year. Can I request and be granted full custody due to employment?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 18, 2022

You may request that the judge interview the children. Many/most judges will not do so. Another option is to request a CFI (Child and Family Investigator) who can report on the situation. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Our daughter is 18 and a full time college student

Our daughter just turned 18 Feb, 11. She's a full time college student at a university since Aug 2021. We have a 9 year old son as well. Currently monthly payments are $1232 a month to which he hasn't paid in over a month and he's 23k in arrears. Payments were consistent for 2 years... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2022

In Colorado, child support lasts until age 19. You can get a judgment for the back support plus interest of 12% per annum. However, it may be very difficult to collect the judgment if he is in another country. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
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... Read more »

Sabra M. Janko
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answered on Feb 14, 2022

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

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