Colorado Child Support Questions & Answers

Q: Can the courts force my fiance to pay back child support while the mother and child lived out of the country?

1 Answer | Asked in Child Support for Colorado on
Answered on Feb 20, 2018

I think he remains responsible for child support even if she lived out of the country. I do not see how that would affect his obligation.
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Q: I have two daughters, one is 17 and the other turns 19 this month. Do I now pay half of the support?

1 Answer | Asked in Child Support for Colorado on
Answered on Feb 19, 2018

The existing order is in place until the court enters a new order. You can file a motion to modify child support. The amount depends on each party's income and the number of overnights each party has with the child. The support amount for 1 child is not just 1/2 the amount for 2 children. It is more. You should retain an attorney to discuss how to proceed.
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Q: My stipulation states that my ex and I are to submit tax returns and W-2s to each other in order to modify child support

2 Answers | Asked in Child Support for Colorado on
Answered on Feb 19, 2018

You cannot just cancel or stop paying child support. That will get you into trouble. You need to file a motion to modify child support. Forms can be obtained online and if you are truly destitute you may be able to get the court to waive the filing fee. An attorney would need to look at your orders to weigh in on the exchange of information provision. You should note that while many agreements or orders require an exchange of information each year, that does not mean that child...
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Q: husband left son and I in 2011. recently found him. I want a divorce ,child support and alimony.how do I start?

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Answered on Feb 19, 2018

If you are looking to file a case on your own, you can get forms from the Colorado judicial branch website, file them with the court, and have him served in AZ. Colorado still has personal jurisdiction over him for both divorce and financial issues. If you do not want to do it on your own you need to contact a divorce attorney. Child support only runs until age 19 and alimony will depend on everyone's incomes and financial circumstances.
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Q: Divorce decree states I am owed half the equity in our house within 3 years. What are my options If I am not paid?

1 Answer | Asked in Child Support, Divorce, Family Law and Small Claims for Colorado on
Answered on Feb 14, 2018

You will be able to enforce the order either by getting a judgment or by contempt. You will not be able to offset the child support you owe. If you get a judgment, you can garnish wages and bank accounts and place a lien on real estate. If she is found in contempt, she could be sentenced to jail until she pays. You should retain an attorney to review your options.
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Q: Child support was ordered with my 2006 divorce, but my ex never paid. Is it too late to go after child support?

2 Answers | Asked in Child Support for Colorado on
Answered on Feb 9, 2018

Yes, you should be able seek (unpaid) back support with the existing 2006 order via an enforcement order. You can also seek an increase in support via a modification. These requests can be filed together and you may be able to retroactively apply the modification amount. You may want to contact an attorney - expect to pay for the attorney's time.
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Q: Do I still have to pay child support if my 17 yr old son dropped out of high school and is working full-time?

2 Answers | Asked in Child Support for Colorado on
Answered on Feb 9, 2018

More information is needed to answer your question. If he is self sufficient and on his own that may be a basis to modify the support. If he is working to support his girlfriend but mother is still supporting him, then support would likely continue. Hopefully he goes back to school soon. Child support can continue after age 19, and up to age 21, if a child is still in high school. That doesn't mean it continues if they haven't graduated but aren't going. You should consult with a child...
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Q: My friend was recently divorced and her ex husband is extremely delinquent on it child support payments and spousle sup

2 Answers | Asked in Child Custody and Child Support for Colorado on
Answered on Feb 8, 2018

She needs to file an Income Withholding for Support to garnish his wages. In terms of arrears, she should file a Verified Entry of Support Judgment, with interest calculated, and then garnish on that, too. These things can be technical and she may want to consider hiring an attorney to help. Contempt of court is also another option.
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Q: The court appointed a Child Legal Representative that wrote a report stating I should have no contact with my children.

2 Answers | Asked in Child Support and Family Law for Colorado on
Answered on Feb 5, 2018

Yes, child support is completely independent of parenting time. you still have a legal obligation to provide support even if you are not permitted any contact.
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Q: Is there a deadline on when child support is considered current for a tax year?

2 Answers | Asked in Child Support and Tax Law for Colorado on
Answered on Feb 5, 2018

There is no specific deadline in statute. If your orders contain no deadline, the general presumption would be that if you file first you file first and have done nothing wrong. There is also no amount. He could be behind $1 or $1,000,000 and would still lose the right to claim the exemption if he has not paid.
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Q: Who will the court choose as the legal dad ? A spouse who took care of the child or the biological father who run.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Answered on Feb 2, 2018

More information is needed to answer your question. A child born during a marriage is presumed to be the child of the husband. However, this is a rebuttable presumption and the husband can raise the issue of paternity within 5 years. If the husband is on the birth certificate that can muddy the waters. The biological father could have rights, too. Court would likely give the biological father rights, and a duty to pay support. Husband could seek rights, too, if he has an established...
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Q: I have back child support on my record and I've never met the lady. What can I do?

1 Answer | Asked in Child Support for Colorado on
Answered on Feb 1, 2018

You would have had to be served with court papers. that as your opportunity to challenge the matter. You may still be able to do so. you need to retain an attorney to see if anything is possible.
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Q: Can my child support be lowere if my ex wife won’t let me see my child?

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Jan 31, 2018

Child support and visitation are completely separate. You can not lower your support just because you are being denied parenting time. Your remedy is to ask the court to establish or enforce parenting time orders. You should retain an attorney to help you with this.
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Q: Unmarried parents of a 7 yr old in Colorado. Mother made arrangements to go across state lines for the weekend.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Jan 30, 2018

There is no prohibition to taking the child across state lines. It may be best if there is a court action which will set up a parenting time schedule and set some child support arrangements. she should retain an attorney for this.
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Q: I read that in CO child support can be lowered if the father has more children with another woman. Is it true?

1 Answer | Asked in Child Support for Colorado on
Answered on Jan 29, 2018

Children not of the relationship can be factored into the child support calculation in certain instances. More information is needed to assess whether you would be entitled to include your other children. You should look at CRS 14-10-115 and should consider consulting with a child support attorney.
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Q: 17 year old turning 18 in feb working full time and lives on his own, will child support still be owed after he turns

2 Answers | Asked in Child Support for Colorado on
Answered on Jan 29, 2018

In Colorado, child support is payable until age 19. However, child support can be terminated by court order if the child is emancipated before then. Living on his own and supporting himself are signs of emancipation. It is up to the court to decide if he is emancipated.
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Q: My son was adopted do i still have to pay child support?

2 Answers | Asked in Child Support for Colorado on
Answered on Jan 25, 2018

You should not be responsible for child support that was due after the adoption became final. You are responsible for any unpaid support from before the adoption. You should retain an attorney to review the situation and advise you how to proceed.
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Q: I have paid child support,my son turns 19 on Feb 5. Will I have to pay for Feb. support?

1 Answer | Asked in Child Support for Colorado on
Answered on Jan 24, 2018

That depends on when the due date is each month. Technically support runs until the month after the child turns 19, so an argument could be made that you need to pay February, which would be your last month.
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Q: Time is split 50 50 with my son's father but I pay the healt insurance. Can I take him back to court for child support?

2 Answers | Asked in Family Law and Child Support for Colorado on
Answered on Jan 22, 2018

The child support is determined by a mathematical formula which factors in each parent's income, the number of overnights each parent has with the child and certain expenses, such as the cost of the child's health insurance and child care expenses. You may be able to request a modification of child support if the new amount is at least 10% higher than the old amount. You should retain an attorney for this.
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Q: Does child support still need to be paid for an 18 yo going to college until they are 19 yo?

1 Answer | Asked in Child Support for Colorado on
Answered on Jan 18, 2018

You need to pay until and unless the court modifies the order. It sounds like you have filed for a modification. If granted, the court may make the modification retroactive to the date you filed the motion. You should retain an attorney for this, especially since your ex has counsel.
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