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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support for Colorado on
Q: Is a Verified Petition for Paternity and Support the 1st complaint filed for Child Support in Colorado?

Asking because my husband was improperly served and not served within 63 days of the time frame to be served from the date the complaint was filed.

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

A petition is the initiating document in a paternity and initial child support action. If he was not timely served, he can move to dismiss.

1 Answer | Asked in Child Support for Colorado on
Q: So if I just found out that the 15 & 6 yr old kids were actually not mine can I get support from the father? Wife left.

My ex cheated with same guy 15 years now she’s gone and doesn’t even call them. She left me to go and be with him. Now I have been told that they are likely not mine as she has been obsessed with this person her entire life. Now im raising the kids alone and they are off living their fantasy.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

In domestic relations court, child support can only go back to the date of filing. You can file for support and a determination of paternity now. If the children were born during a marriage between you and the mother and/or if your name is on the birth certificates, then you are the presumed father.

1 Answer | Asked in Child Support for Colorado on
Q: Can I change a child support order to claim my child every year if I have full custody in colorado

Support order from 2016 says the other parent can claim every other year if child support is paid in full. This hasn't been an issue because child support hasn't been paid in full at any time since then. I just want to modify the order so that I am the only one who claims the child unless... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

Most parents alternate the tax benefits. You can see if the other parent will agree. You can always ask for a modification, however you would have to justify why it would be in the best interests of the child for you to take the tax benefit each year.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 9, 2021

Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... Read more »

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

Sabra M. Janko
Sabra M. Janko answered on Jun 16, 2021

Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.

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1 Answer | Asked in Child Support for Colorado on
Q: Back child support owed?

Child (17) was previously unknown. The mother's rights were terminated when child was 12. Presumably, so was the father's rights because they didn't know who he was but ran legal announcements before the adoption. Child was adopted by a relative & a non-relative. What is the... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 14, 2021

Child support generally only goes back to the time of filing a motion for child support, not before. Here, whether his rights were terminated and/or on whether parentage can be established may also be relevant factors.

1 Answer | Asked in Child Support for Colorado on
Q: Child support office has wrong amount owed in system.

I have arrears that need paying. Close to 8k. I’ve paid and have proof of paying close to 3500 of those arrears. Child support is saying I’ve only paid 1k even after sending them the proof. What can I do to get them to change the balance owed?

Sabra M. Janko
Sabra M. Janko answered on May 3, 2021

I am sorry to hear about your situation. You may want to ask them why they are not crediting all of your proof, or have an attorney coordinate that issue with them for you.

1 Answer | Asked in Child Support for Colorado on
Q: Until what age is child support paid in Colorado
Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

Child support is paid until age 19 in Colorado.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can custodial parent deny vacation time?

If the Parenting Agreement says we get 2 weeks vacation and just have to let the mother know 14 days in advance, where we are going, and contact numbers to get ahold of the child. The parenting agreement does not say there are certain times in which we can take vacation, or that we need approval... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

Based on what you are saying you are entitled to two weeks of summer time, however it would be necessary to review the parenting plan to interpret it specifically. Many plans require coordination or provide a provision for conflicting choices of time.

1 Answer | Asked in Child Support for Colorado on
Q: so i read state statute that once my daughter reaches the age of 18 child support stops- correct-

She is going to college and her uncle is paying for her college tution

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

The age where child support ends in Colorado is 19 so if the order was issued in Colorado then child support ends at age 19.

1 Answer | Asked in Child Support for Colorado on
Q: How to have child support enforced when someone is self employed?

I have a support order in place and the other party recently started a new job and they are not having taxes taken out. How do I have child support garnished from their wages?

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

I am sorry to hear about your situation. It depends on the type of business organization and whether they are paid a salary, however with self-employment then often it may be necessary to file a motion for contempt for missed payments.

1 Answer | Asked in Child Support for Colorado on
Q: Can you recoup your overpaid Garnishments
Sabra M. Janko
Sabra M. Janko answered on Mar 10, 2021

It depends. Generally a release from garnishment is required for an employer to stop garnishment. If that was not done, you may be able to bring a claim in small claims court or civil court for unjust enrichment if the other party received funds to which they were not entitled.

1 Answer | Asked in Tax Law and Child Support for Colorado on
Q: How do disabled individuals know to file for taxes if they received ssdi?

I became disabled in 2013 I have not work since 2011. I owed a duty of child support in the amount of $3755.00 it was pd off. There was an iwo sent to the local ssa office. There were 2 Garnishments that I was not informed about the iwo untill the ssa sent me a letter stating the GARNISHED amounts.... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 5, 2021

You should speak with the caseworker. It sounds like you may not have received notice of the garnishment case so did not have the opportunity to respond. If that is what happened, and you have good cause for not responding, then you might be able to have the garnishment case reopened. If you are... Read more »

1 Answer | Asked in Child Support, Family Law, Estate Planning and Probate for Colorado on
Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: How long does a parent have to submit receipts to the other parent for extraordinary medical expenses? Is there a law?

We are getting receipts that are almost a year old from the other parent, asking for repayment of our portion.

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

The parenting plan often will specify a time. If it does not, you can have it modified to specify a time for submission and reimbursement. There is no law that specifies a time.

1 Answer | Asked in Child Support for Colorado on
Q: If parental rights are terminated , the grandparent becomes guardian , is child support still owed. ?

Colorado . ( and I know this sounds bad and heartless , but I wont go into details ).

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

Usually if there is still a parent whose rights have not been terminated, that parent will have to pay support to the grandparents.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Child custody and support questions.

In the divorce paperwork my ex wife stated that our daughter was not mine and I was not the biological father so what rights do I have and can I file charges cagainst her

Sabra M. Janko
Sabra M. Janko answered on Feb 6, 2021

I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file... Read more »

2 Answers | Asked in Child Support for Colorado on
Q: How to get money back from overpayment in Child Support/Maintenance

My wages were being garnished for back child support/maintenance and the checks were going directly to my ex and not through an agency.

I thought when I didn't owe any more money the garnishments would automatically stop. After a year of overpaying ($10,000) what can I do to get this... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 1, 2021

You might be able to bring a civil claims court action for unjust enrichment, however your ex might claim that it was your responsibility to stop payments at the appropriate time and that the extra payments were a gift. Jurisdiction would be here where your ex is unless your ex has substantial ties... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for Colorado on
Q: I need a divorce; my ex and I have been married since sept 2018, we have a 2 yr old. what forms need I file

we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 26, 2021

Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the... Read more »

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