Colorado Child Support Questions & Answers

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

1 Answer | Asked in Child Support for Colorado on
Answered on Mar 18, 2019
John Hyland Barrett III's answer
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.

Q: how does Colorado factor in a new baby for child support?

1 Answer | Asked in Child Support for Colorado on
Answered on Mar 18, 2019
John Hyland Barrett III's answer
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 an attorney to run the calculation and advise you how to proceed.

Q: Will my ex have to count his income “assistance” on our financial worksheet?

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 16, 2019
Brynne Gant's answer
When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as his if this is a major concern. In addition, there is little stopping them from stating/deciding that her assistance to him is actually a debt, which could complicate things.

As for the child...

Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 13, 2019
Courtney Edwards' answer
There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.

Q: Case mgmt order issued on Verified Etry of Support Jdgmt, do I have to wait to file Contempt Motion on other issues?

1 Answer | Asked in Child Support for Colorado on
Answered on Feb 1, 2019
John Hyland Barrett III's answer
You should be able to pursue the other matters without waiting on resolution of the judgment issue. It would be up to the judge to decide how s/he wants to proceed. The court may want to deal with all matters at one time. It sounds like you should hire a lawyer to deal with this.

Q: Can I take away my ex's rights and have my husband adopt my daughter

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Jan 17, 2019
Courtney Edwards' answer
Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it will make the process easier. If he does not consent, you may run into issues with serving him with the necessary documents as he is in Canada. I strongly suggest you meet with an attorney to fully...

Q: Can unpaid health insurance reimbursement in support order, be included in Verified Entry of Support Judgment in CO?

1 Answer | Asked in Child Support for Colorado on
Answered on Dec 31, 2018
John Hyland Barrett III's answer
You may be able to do it IF the order states the amount of health insurance reimbursement. Otherwise, you can file a motion for entry of judgment. He can respond and the court may set a hearing. you should retain an attorney for this.

Q: my son's dad wont agree to the child support calculator based upon his income wages will the judge tell him different?

1 Answer | Asked in Child Support for Colorado on
Answered on Dec 31, 2018
John Hyland Barrett III's answer
The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.

Q: I recieved a JDF 1415, is this not a child support change?

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Dec 6, 2018
John Hyland Barrett III's answer
JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support

1 Answer | Asked in Child Support for Colorado on
Answered on Dec 5, 2018
John Hyland Barrett III's answer
I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.

Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.

Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Nov 28, 2018
John Hyland Barrett III's answer
Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

Q: I have a signed 8332 and divorce decree grants me to claim child on taxes. Can I still claim if I have arrears balance?

2 Answers | Asked in Child Support and Tax Law for Colorado on
Answered on Nov 16, 2018
D. Mathew Blackburn's answer
If the arrearages are for child support, no you can't claim the child. If it's for taxes then yes, but they'll apply any refund against the arrearages.

Q: What’s my interest on 42grand child support unpaid over 7 years. 12% interest per year compounding monthly $500 cs order

1 Answer | Asked in Child Support for Colorado on
Answered on Oct 29, 2018
John Hyland Barrett III's answer
In order to figure this out, you need to run a calculation with a program that will provide these numbers. Most divorce attorneys will have access to that program and can come up with the answers. It does take some work to do that.

Q: How do I see my child support order and arrearages owed? How do I go about paying those if been 6 yrs

1 Answer | Asked in Child Support for Colorado on
Answered on Oct 24, 2018
John Hyland Barrett III's answer
You can check with the court to see if there is a case. Maybe your ex can provide some detail re which court supposedly issued the order.

Q: In Co, was divorced w/2 kids. Was not served child support order/ court summons so I missed court . 5 yrs pass, help!

1 Answer | Asked in Child Support for Colorado on
Answered on Oct 24, 2018
John Hyland Barrett III's answer
We need to start by reviewing the court file to see if an order entered. You may have agreed to child support in the papers you signed. Those papers may substitute for service on you. Once we know that we can figure out how to proceed from there. It would help if your ex was agreeable.

Q: 18 year old in high school has chosen to live solely with me. No standing child support in place. Can it be started now?

1 Answer | Asked in Child Support for Colorado on
Answered on Oct 15, 2018
John Hyland Barrett III's answer
Yes, parents have support obligations for their children until age 19 or graduation from high school, whichever last occurs (but not past 21). An attorney can help you with this.

Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Answered on Oct 2, 2018
John Hyland Barrett III's answer
It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.

Q: Is an estate a good set up for providing future child support payments upon death

2 Answers | Asked in Child Support for Colorado on
Answered on Oct 2, 2018
Ashley Dean Powell's answer
Each of us has a significant amount of flexibility in preparing our estate plan (whether by will, trust, or otherwise) however we wish. The most notable exception is that Colorado protects current spouses from being completely left out. It is unlikely that he can prepare a trust in Colorado that will protect his assets from his current/ongoing child support obligation during his life, but that child support obligation probably will not continue after he dies (perhaps a different story if he was...

Q: If your child lives with me and his mother full time are you still required to continue to pay support

1 Answer | Asked in Child Support for Colorado on
Answered on Sep 6, 2018
John Hyland Barrett III's answer
Generally yes. The child support is determined by each parent's income and the number of overnights each parent has the child.

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