Lawyers, Answer Questions  & Get Points Log In
Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support for Colorado on
Q: How fast can I get child support?

My husband and I separated in may we have two kids I'm disabled and have no income.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 30, 2019

It will take some time after you file for divorce. There is an initial status conference that is scheduled within 45 days. The court can then schedule a temporary orders hearing for child support. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: I am an adult seeking owed child support from my father who was court ordered to pay it. What are my options
John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

The best person to pursue a claim for unpaid support is your mother. I am not sure that you have the right to do so. Your mother should get a lawyer to help her with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am having a custody and child support issue with my ex-wife. She engages in malicious parenting syndrome. Can you help

Filed for arrears falsely. Keeps my daughter and son from me for no reason.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

I do not know what you mean by "malicious parenting syndrome". However, you may be able to defend the claim for arrears if she in fact filed for it falsely. You can also insist on compliance with the Parenting Plan so she does not withhold the children. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: Can I file for more support if my x has new living arrangements? His living costs are now cut in half due to living...

with someone else. half rent /utilities etc. While I am struggling month to month

John Hyland Barrett III
John Hyland Barrett III answered on Dec 11, 2019

Child support is determined primarily on the respective incomes of the parties. So, I do not think his change in living situation will justify a modification. there may be other grounds for modification. You should consult with an attorney to see if there is any basis for requesting a change.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Court says that I pay for 1/2 of our sons’ sports but ex wife put them under her fiancé’s last name. Do I still have to?

Court order parenting plan says I will pay half for sports but she is registering them under his last name. I feel that if she’s not using their legal last name I shouldn’t be required to help other than child support.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 11, 2019

You need to obey the court order. By your description, you are to pay 1/2. You may be able to address the problem by advising the team of your son's actual last name.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hello I am now 18 years old, since I was six my parents have shared custody over me and now that I turned 18 I thought

Was over but my dad told me that in Colorado the arrangement apples till age 19 is this true and in either case how is child support affected (I am attending college)

John Hyland Barrett III
John Hyland Barrett III answered on Nov 25, 2019

At 18, any prior custody orders are no longer in effect. You can decide yourself how much time you want to spend with each parent. Child support orders still apply until age 19.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have had physical custody as non-custodial parent for over 100 days and still paying child support to custodial parent

I have had physical custody of the children for over 100 days. The custodial parent will not assist financially in any way. I am still paying her child support. I have a court date set in April for the district to review my case. Is there anything else I can do to lift the financial burden from... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 25, 2019

The child support modification will be retroactive to the date of filing based on a mutually agreed upon change in parenting time.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?

We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 7, 2019

In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can request the court grant you custody on an emergency basis. You should get a lawyer to help you with this.

View More Answers

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What Colorado case law determines Military Service Connected Injury Compensation to Be Employment Gross Income?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

Disability compensation is gross income for purposes of support, though not divisible as a property settlement. This has been considered by many state courts but also the U.S. Supreme Court. You should consult with an attorney familiar with the military as there are a lot of unique aspects of... Read more »

3 Answers | Asked in Bankruptcy and Child Support for Colorado on
Q: My ex filed Chapter 13 he put $50K of child support/maintenance that is in arrears. Can he discharge that debt?

He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »

Timothy Denison
Timothy Denison answered on Oct 20, 2019

No. The 50k is non-dischargeable. You are safe.

View More Answers

2 Answers | Asked in Child Support for Colorado on
Q: After Child support is cancelled by both parties, can one of the parties file again for child support for the future?

none

John Hyland Barrett III
John Hyland Barrett III answered on Oct 17, 2019

The parties can not cancel child support. Only the court can do that. The court can approve an agreement by the parties that modifies child support-even to zero. However that agreement will not be approved unless the court finds that it is compliance with the child support guidelines, or that good... Read more »

View More Answers

2 Answers | Asked in Child Support for Colorado on
Q: Do you continue to pay child support until child is 19 if child lives with you full time when they turn 18?

I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 26, 2019

If the child starts living with you at age 18, you can ask the court to modify child support. The other parent may owe you support at that time. However, you need a court order to do this. The existing order remains in effect until the court changes it. You should get a lawyer to help you with this.

View More Answers

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My son has primary guardianship of his children. His ex tried to get him arrested and has now filed for custody.

She took the kids while he was detained and has now filed for custody and change for parenting plan. He has not been arrested or charged. What should he do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 19, 2019

He needs to file a response to her motion to modify custody. There are deadlines for this. He should get a lawyer to help him with this.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: False numbers were turned in and my attorney didn’t show up. I was told not to show up.

So 1 year ago my ex was ordered to pay me 115$ a month in child support. Long story short.

#1: amendment filed 24 hours later. My attorney made no contact with me after that until 6 months later. Last e-mail was her saying you don’t have to be here.

#2: I live in Denver, my ex... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

Generally motions for child support are effective as of their filing date and are not retroactive. There is an exception for an agreed upon parenting time change. Child support is the right of the child so you will not receive an order that does not require you to support your children. You should... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: My wife and I took car of a 16 year Child for 12 months. Her parents gave no monetary support. The child moved out.

Can we be compensated for the support we spent?

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

If you had no agreement to be compensated for supporting the child, there is no legal remedy that would automatically entitle you to support. However, it is always important to know the facts such as the circumstances of the care.

2 Answers | Asked in Child Support for Colorado on
Q: I have a child who is 18 and had dropped out of school, and moved out on his own. He has since moved back and enrolled.

He has re-enrolled in high school but has not been attending. How does this affect child support, as both parents agreed it would stop with him moving out.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 9, 2019

Generally, child support in colorado lasts until the child turns 19 or graduates from high school, if still enrolled. (but not past 21). Child support may terminate upon emancipation. This occurs when the child lives on his own and is self-supporting, marries or enters the armed services. It sounds... Read more »

View More Answers

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Am going through a divorce in Colorado, and been paying child support for the last year does she have to report it?

It would be for the financial affidavit, she receives $1000 a month from me but reports only receiving 300 from “support”. They filed this on May 30th 2019 and I haven’t received anything until I was called and told verbally by her attorney today Aug. 31 2019. Feeling lost as to what to do... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 1, 2019

It sounds like you may be paying child support arrears. She would report the regular child support amount, however would not necessarily include arrears payments because that is not part of the regular child support amount.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Hi I'm asking this because I don't think its fair I have 1 10year old the the mother decided to put child support

I have 4 other little kids that I support a 1 year old 2 and 3 and a 1 month and I don't know what to do.

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

You will receive credit in the child support calculation for the support that you provide to other children so your support will not be as high for your 10-year old. You are required legally to support all children.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have a child that is being kept away and I'm not being allowed any visitation. I need pro bono assistance.

Im in colorado.. my child is kept away she hides her location and only contacts me through court system for child support. I'm being taken advantage of and cannot afford legal assistance. I see hundreds of sites for mothers but very few for fathers and the ones that are there are not really free... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

I am sorry to hear about your situation. You could check with Colorado Legal Services or the pro se assistance centers at the courts. You may be looking at submitting a parenting time dispute if the other parent is not following parenting time requirements.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.