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Colorado Child Support Questions & Answers
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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Sabra M. Janko
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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Sabra M. Janko
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.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
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Sabra M. Janko
answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
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Sabra M. Janko
answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

2 Answers | Asked in Child Support for Colorado on
Q: My sons dad didn't pay child support til he was 7 when the county found him. do I sue for the support before that time?

The court did not find him til my son was 7. My son is turning 19 next month and we want to know how to go about getting back support from before the court order

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

If you file in juvenile court, as opposed to domestic relations court, you might be able to request pay before the time that you file the court action. However it sounds like there has already been some court activity in the case and that may impact your current options.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

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

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

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

The attorney can not disclose the reason for withdrawal due to client confidentiality.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 7, 2021

The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: What do I need to start a divorce case including child support and custody in Colorado
Sabra M. Janko
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Sabra M. Janko
answered on Nov 15, 2021

You should have an attorney assist you in filing a petition for dissolution with children and to guide you through the process of negotiation, mediation and possibly litigation.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
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Sabra M. Janko
answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Child Support for Colorado on
Q: What to do when no child support order is in place?

Had a combined family support order ( child support and alimony) in place for the last year. It ended with the September 1st payment. I do not want to fall behind or get ordered to pay back child support. But there is no longer an order in place.

Correct me if I am wrong but without an... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko
answered on Oct 14, 2021

It is unusual that a support order would expire before the age of majority. If you do not have a support order and want one, you can file for an allocation of parental responsibilities in court or you can go through Child Support Enforcement to set up an order though an administrative process.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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