Colorado Child Support Questions & Answers

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.

Q: what is the colorado law about not working when baby is under 36 months old

1 Answer | Asked in Child Support for Colorado on
Answered on Sep 4, 2018
John Hyland Barrett III's answer
For child support calculation purposes, income will not be imputed for a custodial parent whose child is under 30 months of age.

Q: can i get child support 7 years after a divorce even though i didn't enforce it?

1 Answer | Asked in Child Support for Colorado on
Answered on Aug 29, 2018
John Hyland Barrett III's answer
Yes, child support is for the benefit of the children. You can still enforce it now. You should retain an attorney to help you with this.

Q: My sons are 22 and 20. Do I need to file a motion to officially stop child support payments or can I just stop paying?

1 Answer | Asked in Child Support for Colorado on
Answered on Aug 27, 2018
John Hyland Barrett III's answer
Unless your orders provide for college expenses, you can just stop paying. Child support ends at age 19 in Colorado.

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.

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