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Colorado Child Support Questions & Answers
2 Answers | Asked in Family Law and Child Support for Colorado on
Q: What happens with the extra money child support takes from your checks when you're paid an 3rd check that month?

If you are ordered to pay $500 in child support and they garnish your checks $250 biweekly to pay it occasionally you get a 3rd check a month and they garnish that one too. That brings you to paying $750 that month. What happens to that extra money and is it even legal to take more than the court... Read more »

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

The best way to get a clear answer is to talk to Child Support Enforcement. They can tell you what is going on there. If there are arrears owed, that would be one explanation. Start there.

Usually, when child support is garnished, those extra weeks are calculated into it so that the same...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Colorado on
Q: What is a reasonable time for one parent to submit receipts/statements to request reimbursement for extraordinary expens

There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.

Christopher N. Little
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Christopher N. Little
answered on Apr 8, 2023

Hi There!

I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

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Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... Read more »

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Is it true that in co they lifted all retrictions on driver license when revoked for child support or delinquent fines a
Steven  Visser
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Steven Visser
answered on Mar 3, 2023

While Colorado may lift restrictions on someone's driver's license for failing to register their vehicle, failing to pay traffic related fines, and certain criminal offenses, your driver's license can still be suspended for failing to pay child support. This is pursuant to C.R.S. §... Read more »

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Are daycare expenses expected to come out of a child support payment in Colorado?

My ex is asking for extra money to pay for daycare fees. I am already paying child support. Am I expected to pay for half the daycare expenses too? My child is in the state of Colorado

Sabra M. Janko
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answered on Mar 2, 2023

Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Will Child Support enforcement stop enforcing a CS Order, if both parents agree in writing? This is in Colorado.

Two Children, one has aged out already, the other is turning 18 in August of 2023. He will graduate HS in April of 2023. Both parents agree to stop enforcement of the CS. Will Child Support Enforcement honor this if we both write a letter to Child Support Enforcement?

Rebecca Pescador
Rebecca Pescador
answered on Feb 27, 2023

This is not a simple or straight forward question to answer. There are layers here.

If both parties request for child support services to stop enforcement, they will generally finish anything that is already pending before the court before stopping. They will not reverse any enforcement...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Hello. Is there a way to block a child support modification since the mother refuses to allow me to see the children.

She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not,...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can I go back to prison over child support.

So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... Read more »

Sabra M. Janko
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answered on Nov 27, 2022

You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... Read more »

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Can I stop child support payments if I'm overpaid?

I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... Read more »

Sabra M. Janko
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answered on Oct 27, 2022

It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... Read more »

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I paid child support with my monthly agreement made them all on time and still they suspended my license ?

Have a monthly agreement to pay a certain amount every month I have kept to my agreement but this is the 3rd time now they have suspended my license forcing my husband that has no obligation to my child support to pay for my reinstated again. Now he won't pay it cuz it just keeps getting... Read more »

Sabra M. Janko
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answered on Oct 25, 2022

personallyIt sounds like there may be some agreement that might contradict a court order. You have to pay the court ordered amount. If you have a substantial and continuing change of circumstances, then you can move to modify the child support ongoing amount. You just have to show your proof of... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: Myself&Children live in CO, Father on FL. Orgnl Support Order from MO. Can I move support order to CO and modify in CO?

Our Original divorce decree was settled in MO in 2019, Children’s Father and I have both moved out of MO, Children and I reside in CO while he moved to FL. He took me back to court in MO in 2021 and received an order that he may pay $596 for both children down from $700 the previous years. My... Read more »

Sabra M. Janko
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answered on Sep 26, 2022

Interstate jurisdictional issues can be tricky. Jurisdiction is most likely where he is now since you both moved out of MO. You can always file for child support where he is. However, Colorado jurisdiction it may depend on whether he has any contacts with Colorado and what those are.

1 Answer | Asked in Family Law, Child Custody, Child Support and Tax Law for Colorado on
Q: How are taxes done after a divorce if I'm the custodial parent?

Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?

Sabra M. Janko
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answered on Sep 9, 2022

It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.

1 Answer | Asked in Child Support for Colorado on
Q: What is the procedure and what form is used to garnish social security benefits gor payment of child support?

State of Colorado. Also if the social security benefits have not been applied for can they still be garnished. Ex husband just turned 60. He is hiding out in the Philippines. I dont know if he will ever apply to draw social security benifits. But he paid in for years. Is more that 311... Read more »

Sabra M. Janko
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answered on Jul 17, 2022

Social security wages can not be garnished if they are not being received. As for the form, you would have to bring a court action and use the state forms for garnishment. Additionally you would have to serve Husband with notice of the proceeding under the service rules of the overseas country.... Read more »

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Do I have to pay child support if I signed away my parental rights in Colorado? How can I find a copy of the document?
John Hyland Barrett III
John Hyland Barrett III
answered on May 10, 2022

I'm not sure what you mean by "signed away my parental rights". If the child has been adopted by another parent, your child support obligation ends as of that date. You can still be responsible for any amount owed before then. You should be able to get a copy of what you signed from the court.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does Order:Motion to Modify The motion/proposed order attached hereto: SO ORDERED. Mean

I filed to modify child support and this what the judge ordered

Sabra M. Janko
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answered on Mar 2, 2023

Most likely it means that your request was granted. However without seeing the order it is hard to say. Each courthouse has a self represented litigants center. They might be able to help you.

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1 Answer | Asked in Child Support for Colorado on
Q: How can Texas put a lien on me about child Support when my court order is from Colorado I been incarcerated in Colorado

My court order is in Colorado and I also have documents showing the child has been in Colorado with me going to school for four years and I also had to take her for medical and she was enrolled in school out here in Colorado when I reported it she took child back to Texas without withdrawing her... Read more »

Sabra M. Janko
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answered on Nov 2, 2022

It sounds like she transferred the case to Texas if it is through Child Support Enforcement and Texas is now handling enforcement.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... Read more »

Sabra M. Janko
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answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My child is now 31 years old. can I sue his father for arrearages that were owed in a child support case from 2006?

In 2006 they closed my child support case because both parents moved out of the state of Oregon even though my son was not of age. Colorado which is where I live now refuse to open a new case. I believe it was $4000 to $5,000 owed in arrearages. Now support enforcement is telling me I can reopen... Read more »

Sabra M. Janko
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answered on Oct 21, 2022

If he owes arrears then you can collect it.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I'm in arrears on my child support obligation and my child is almost 30 years old. I want to take it off the registry sh

She won't. Is there any way I can have that changed I do a lot for her that doesn't come off the registry and it is hard on me. How do I get any credit for anything I do for her ?

Sabra M. Janko
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answered on Oct 21, 2022

There are no legal grounds to cancel the support. Nor are there legal grounds to substitute the value of things that you do other than paying child support for the support arrears.

1 Answer | Asked in Child Support for Colorado on
Q: You Does VA education benefits count as income if I also have a full-time job?

I had to start school to receive the housing stipend to help me offset child support.

Sabra M. Janko
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answered on Oct 1, 2022

The GI Bill stipend does not count as income for support purposes.

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