Colorado Child Support Questions & Answers

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.
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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.
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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.
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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.
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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).

Q: I am a stay at home mom, and remarried, but if my ex starts making $500K per year, what should I get in child support?

1 Answer | Asked in Child Support for Colorado on
Answered on Mar 30, 2018
John Hyland Barrett III's answer
This depends on the number of children and the number of overnights each parent has with the children. You also need to factor in any child care expenses and the cost of medical insurance for the children. Your potential income is also a factor. You should retain an attorney to review your situation and advise you how to proceed.

Q: My children were adopted by their step father in December 2017. Should I still be paying child support?

1 Answer | Asked in Adoption and Child Support for Colorado on
Answered on Mar 28, 2018
John Hyland Barrett III's answer
The adoption would have terminated your child support obligation. Therefore, you should not be still paying current support. You are still responsible for any unpaid back support.

Q: Please help me with my daughter. Her mother wouldn't let be there when she was born. I need to establish Paternity

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Mar 20, 2018
John Hyland Barrett III's answer
You can bring a paternity action to establish your legal rights and responsibilities for the child. you should retain an attorney to do this.

Q: My divorce occurred in Denver District Court. Do I have to file a child support modification there?

1 Answer | Asked in Child Support for Colorado on
Answered on Mar 18, 2018
Stephen J. Plog's answer
Unless the case is moved to Boulder, you would need to file in Denver, in the same case. Given that both of you live in Boulder, you should file a motion to change venue pursuant to CRCP Rule 98. You could file that at the same time as your motion to modify, though optimally you might want to consider changing venue first. See if you ex will agree to a change in venue and sign off on a stipulation regarding such.

Q: Can I file a complaint and ask the court to override the CSEU's 3 month Drivers license suspension?

1 Answer | Asked in Child Support and Civil Litigation for Colorado on
Answered on Mar 18, 2018
Stephen J. Plog's answer
If they have validly suspended your license, your only real option is to get the arrears balance paid. You could potentially seek to modify the ongoing child support. If you are unable to work, which it seems you are, due to their actions, it's unfair for them to push for the continued child support amount. You will likely need an attorney to represent you when wading through these issues.

Q: my kids live with me go to school from my home mother has filed for child support

2 Answers | Asked in Child Custody and Child Support for Colorado on
Answered on Mar 18, 2018
Stephen J. Plog's answer
If you have been served with papers you will need to deal with them in a timely fashion. More information is needed to answer your question and not sure what your question is? If you are asking whether she could get child support, more information is needed, particularly as to parenting time schedule and income levels. You should consult with a family law attorney.

Q: My son is 18, living with me, still has 1 yr of school

1 Answer | Asked in Family Law and Child Support for Colorado on
Answered on Mar 7, 2018
John Hyland Barrett III's answer
You need to comply with the existing order until/unless it is modified. You can file a motion for modification. The modification can be made retroactive to the time there was a consensual change of custody. You should retain an attorney to do this for you

Q: I've made less that my ex- wife since about 1996.(Probably earlier). I lost my job and was unable to pay for about 3-5 y

2 Answers | Asked in Family Law and Child Support for Colorado on
Answered on Mar 6, 2018
Stephen J. Plog's answer
The only way to get out of a back child support obligation is if your ex wife agrees to let it go and an agreement (stipulation) is filed with the court reflecting your agreement. Beyond that there is nothing you can do to get out of the debt.

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