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Colorado Child Support Questions & Answers

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 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 »

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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 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 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 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.

2 Answers | Asked in Child Support for Colorado on

Q: My daughter's 30 gets a settlement from Dad passing away could I get compensation for back child support

He had paid child support off and on for a while owed arears

Courtney Edwards answered on Aug 13, 2019

You can file a claim against the estate. You'll need to send your claim to the personal representative.

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

Q: What rights does a father have versus the rights of a mother if they were never married?

If an unwed couple having had four children together during the course of their relationship were to separate without either parent beginning any legal proceedings regarding the custody of said children, is it lawful for the mother- purely out of spite towards the father- to not only forbid any and... Read more »

Sabra M. Janko answered on Aug 13, 2019

In this scenario the Father should consider filing an action for allocation of parental responsibilities to set forth parenting time and child support. Absent a court order preventing a parent from relocating with a child, either parent may relocate with children. You will need to file the action... Read more »

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

Q: I have been going through Child Support Court for almost a year now. We will officially be done in less than a month.

He is suppose to pay $1000 for child support a month but does not. I know he can lose his DL and such but at some point can I not allow him to see our child if he’s not paying any child support?

Sabra M. Janko answered on Aug 13, 2019

You should not withhold access to the child. If you are not receiving support, Child Support Enforcement (CSE) can take action if your payments go through CSE. You could also file a Motion For Contempt and file an affidavit of arrears to obtain a judgment on which you can attempt to collect. You... Read more »

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

Q: Do you have to disclose all credit cards on sworn financial statements?

On a sworn financial statement, do you need to disclose the credit card being used to pay your attorney fees if requesting the other party repay your fees? And if the others party shows negative income on their sworn financial statement.

And if an activity falls on one parties visitation... Read more »

John Hyland Barrett III answered on Jul 22, 2019

1. Yes, you need to disclose all debt.

2. Showing negative income is common-not really a problem.

3. Generally, each parent can decide on the child's activities during their respective parenting time, but this depends on what activity is involved.

You should get a lawyer to...
Read more »

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2 Answers | 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.

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2 Answers | 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.

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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 »

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