Colorado Child Support Questions & Answers

Q: No established custody, what are the possibilities?

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Jul 11, 2018
John Hyland Barrett III's answer
Missouri has jurisdiction over custody issues since the child has been there for at least the last 6 months. It is unlikely the court would order the child to return to Colorado. However, the father may get some visitation rights. The court could order some back support depending on the facts. You should retain an attorney to help you with this

Q: can you establish child support payments five years after a split?

1 Answer | Asked in Child Support for Colorado on
Answered on Jul 9, 2018
John Hyland Barrett III's answer
Yes, you can file for child support at this time. You should retain an attorney to help you with this to make sure you get what you need.

Q: Should I contest a motion to terminate child support?

1 Answer | Asked in Child Support for Colorado on
Answered on Jul 2, 2018
John Hyland Barrett III's answer
You have 21 days from the date he filed the motion in which to file a response. The court should not do anything until then. You may be able to pursue collection of the other items you mention if he was supposed to pay part of them. That depends on what your court decree says about that.

Q: Can I still get child support after 30 years if it’s in the divorce decree?

1 Answer | Asked in Child Support for Colorado on
Answered on Jun 18, 2018
John Hyland Barrett III's answer
You may be able to collect part of it. Generally, there is a 20-year limit. There are also limits on garnishing disability payments. You should retain an attorney to advise you.

Q: My babies father was violent with me and is now in jail and then prison. I’m having twins, is there a way to get support

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Jun 6, 2018
John Hyland Barrett III's answer
You can request the court enter an order for child support. It may be based on his prior income if he still has the ability to pay. You should retain an attorney to assist you in this matter.

Q: My daughter turned 18 and moved out, do I have to pay until she's 19?

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Jun 5, 2018
John Hyland Barrett III's answer
This depends on whether she is emancipated. She may be since you say she lives on her own and supports herself. If you and her mother agree, you can file a stipulation to end your support obligation. If she does not agree, you can file a motion to terminate support. You should retain an attorney to help you with this.

Q: My child turns 19 on June 9th. Would the month of May be my last required payment or June?

1 Answer | Asked in Child Support for Colorado on
Answered on May 31, 2018
John Hyland Barrett III's answer
In my opinion, you owe for June. Some people would think you only owe until June 9 and get to pro-rate the June payment, but I believe the obligation is for the whole month.

Q: Can I have my child's bio mom's rights terminated - she hasn't seen him since birth 4 years ago, and pays no support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on May 23, 2018
John Hyland Barrett III's answer
Usually, termination of parental rights in a case like yours only happens in case of a step-parent adoption. If that is done, her rights probably would be terminated and your spouse could adopt. Otherwise, the court will think there is no reason to terminate.

Q: My son turned 18 yo 3 mo ago. He wants to move in with the noncustodial parent now. Can he w/o coc/lawful repercussions?

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on May 16, 2018
John Hyland Barrett III's answer
At age 18, your son is a legal adult and can live wherever he wants. However, child support goes until age 19. the child support may have to be adjusted. you should retain an attorney to discuss that issue.

Q: Will I have to pay my husband child support if he makes 4x's the amount than I do?

1 Answer | Asked in Divorce and Child Support for Colorado on
Answered on May 15, 2018
John Hyland Barrett III's answer
The child support is determined based on the child support guidelines. Those factor in the number of children, the percentage of overnights, health insurance for the children. You should retain an attorney to run the calculation and advise you how to proceed. It is possible that your husband may have to help you with the cost of an attorney.

Q: I just found out I have a 9 year old daughter. Should I seek council?

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Colorado on
Answered on Apr 30, 2018
John Hyland Barrett III's answer
You should retain an attorney to fully explore your options. Ordinarily, you would have a responsibility to pay child support, even possibly back to birth, and certainly going forward. You may also have the option of being recognized as the child's legal parent and be entitled to an appropriate relationship with her. You should understand how adoption would impact you.

Q: At what age does child support stop when paid to a caregiver, not to a biological parent?

2 Answers | Asked in Family Law and Child Support for Colorado on
Answered on Apr 25, 2018
John Hyland Barrett III's answer
In Colorado, child support is payable until age 19. It should not make any difference to whom it is paid.

Q: How Can i close a child support case that has been recently opened but not filed yet

1 Answer | Asked in Child Support for Colorado on
Answered on Apr 16, 2018
Stephen J. Plog's answer
If you are receiving any sort of public assistance they may not let you close it. If not, you could ask them to withdraw from the case and file a joint stipulation with the court to dismiss the case.

Q: My son is 18 and moved from mom's house to mine. Can I file to term support of do I also file mod of parenting time?

2 Answers | Asked in Family Law and Child Support for Colorado on
Answered on Apr 10, 2018
Stephen J. Plog's answer
Child support runs until age 19. As such, you should either file a motion to terminate or modify child support. If your son is newly 18, you could seek support from the mother. A modification or termination of support should be retroactive to the day a motion is filed, so you should consider filing quickly. For custody purposes, your son is an adult and there is nothing for you to file in that regard.

Q: Does the custodial parent have to give the non-custodial parent their forwarding address?

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Answered on Apr 9, 2018
John Hyland Barrett III's answer
Absolutely. Both parents are entitled to know the child's address, unless there is a court order to the contrary.

Q: Divorce decree. All childcare is split 50/50

1 Answer | Asked in Child Support for Colorado on
Answered on Apr 6, 2018
John Hyland Barrett III's answer
This depends on the court order. The order may have taken childcare costs into consideration in the calculation, or the court may have ordered a division of those costs, or perhaps it was not addressed. You need to follow the order. You may be able to request a modification of the order if justified. You should retain an attorney to review the situation and advise you how to proceed.

Q: How do I go about child support. My ex pays 57.62 a month with 10.00 for back child support. To up it more a month

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Apr 6, 2018
John Hyland Barrett III's answer
You can file a motion to modify child support. It should be determined based on your time sharing for the child and your respective incomes (or potential incomes if voluntarily underemployed), plus daycare and health insurance expenses for the child. You should retain an attorney for this.

Q: My ex and I have 49 51 custody past year there has been issues surrounding his living environment my daughter and his

2 Answers | Asked in Child Custody and Child Support for Colorado on
Answered on Apr 6, 2018
Stephen J. Plog's answer
It sounds like there may very well be grounds to seek a modification. You should consult with a family law attorney regarding the specifics of your case and to potentially seek representation for the modification.

Q: . Ex wife refused child support. Judge granted it. Can she file for child support again?

2 Answers | Asked in Child Support for Colorado on
Answered on Apr 6, 2018
Stephen J. Plog's answer
Pursuant to CRS 14-10-122, there needs to be a substantial and continuing change in circumstances. She can certainly file a motion to modify child support if incomes have changed or other circumstances have changed such that child support would up by 10% or more. However, the baseline should be the $30, not $0. She agreed to no child support when it should have been $30 and you should be able to hold her to that. If circumstances have changed such that it would be $33, she could validly...

Q: If my child is 18 but still in school am I required to pay her child support still?

2 Answers | Asked in Child Support for Colorado on
Answered on Apr 4, 2018
John Hyland Barrett III's answer
In Colorado, child support is payable until age 19, or graduation from high school, whichever occurs last (up to age 21).

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.