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Colorado Child Support Questions & Answers
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.

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: Can fathering more children lower existing child support?

My child’s father and I have 50/50. Currently he is ordered to pay $350 a month in child support. Recently my sons father married and had a child with his wife and adopted her teenage daughter (not biological his). He requested to modify child support based on fathering 2 children and the child... Read more »

Sabra M. Janko
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answered on Aug 29, 2022

Yes, in Colorado. In some states children born or adopted after the initial support order do not make the payor eligible for. credit.

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, Child Custody and Child Support for Colorado on
Q: What does it mean when an attorney for Adams county human services files for special entry of appearance and

Notice of intervention to a current court case?

Sabra M. Janko
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answered on Jul 16, 2022

It could be for child support purposes or dependency and neglect purposes.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

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.

1 Answer | Asked in Child Support for Colorado on
Q: I received a payment adj. in the mail does the other parent requesting this get to see all of my info or paperwork?

The custodian parent requested an “adjustment” I filled out all the documents and sent them back, haven’t heard anything yet…… does the custodian parent get to see all the paperwork I filled out with all my information on it?

Sabra M. Janko
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answered on Mar 20, 2022

Yes, both parents have the right to see all of the financial disclosures filed in relation to the case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I request a judge to speak to my kids regarding the treatment they are receiving at their fathers house?

We have 50/50 custody, the father lives in Canon City and I live in Fountain. I am planning on moving to Denver before the end of the year. Can I request and be granted full custody due to employment?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 18, 2022

You may request that the judge interview the children. Many/most judges will not do so. Another option is to request a CFI (Child and Family Investigator) who can report on the situation. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Our daughter is 18 and a full time college student

Our daughter just turned 18 Feb, 11. She's a full time college student at a university since Aug 2021. We have a 9 year old son as well. Currently monthly payments are $1232 a month to which he hasn't paid in over a month and he's 23k in arrears. Payments were consistent for 2 years... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2022

In Colorado, child support lasts until age 19. You can get a judgment for the back support plus interest of 12% per annum. However, it may be very difficult to collect the judgment if he is in another country. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: X agreed that son and I could leave the state. He Changed his mind and now he's in another country. What can I do?

I talked with my x about moving to another state. Initially he agreed. He has a home of record in the state we live in but he does not reside in the state. IF he decides to come get our son, they stay in a hotel or Air BnB. As per custody agreement he's to get our son 6 consecutive days a... Read more »

Sabra M. Janko
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answered on Feb 14, 2022

I am sorry to hear about your situation. You can move to modify the parenting plan and enforce support. However, you do have to notify him. Generally for post-decree actions you can mail a copy of the filing documents to his last known address. However because you know that he is out of the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
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answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
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answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

2 Answers | Asked in Child Support for Colorado on
Q: My sons dad didn't pay child support til he was 7 when the county found him. do I sue for the support before that time?

The court did not find him til my son was 7. My son is turning 19 next month and we want to know how to go about getting back support from before the court order

Sabra M. Janko
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answered on Dec 22, 2021

If you file in juvenile court, as opposed to domestic relations court, you might be able to request pay before the time that you file the court action. However it sounds like there has already been some court activity in the case and that may impact your current options.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

Sabra M. Janko
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answered on Dec 16, 2021

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

Sabra M. Janko
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answered on Dec 14, 2021

The attorney can not disclose the reason for withdrawal due to client confidentiality.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 7, 2021

The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

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