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Colorado Child Support Questions & Answers

1 Answer | Asked in Child Support for Colorado on

Q: I forgot to include a proposed order form with a motion I just filed. Will the motion be rejected?

I filed a motion to change venue and I believe the court requires a blank "general order" form to be included with the filing, but I don't know if there are any statutes or case precedents which forgive such an error.

John Hyland Barrett III answered on May 8, 2019

This depends on how picky that court is. I have seen it rejected on that basis and I have seen it not to be a problem. If rejected, you should be able to refile. Hopefully, you will still be within the required time period. You may want to file a proposed order at this time.

1 Answer | Asked in Child Support for Colorado on

Q: If the grandparents have custody shouldn't both parents have to pay child support?

John Hyland Barrett III answered on May 7, 2019

Parents have a legal duty to provide support for their children, even if the children are in another's custody. You should consult with an attorney if you are dissatisfied with the current arrangement.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: If a mother refused child support in court, can she go after child support later on?

The child in question has decided to live with his mother full time, instead of going back and forth between his parents' homes. The mother, who originally refused child support in court several years ago, said that she'll go after the father for child support (should the child live with her full... Read more »

John Hyland Barrett III answered on May 6, 2019

The child support is modifiable-so it can be changed based on changes in income and residence. You should consult with a lawyer about this.

1 Answer | Asked in Child Support for Colorado on

Q: If I become a host home provider to a disabled individual does this type of income count toward child support?

This type of income is similar to foster care income.

John Hyland Barrett III answered on Apr 29, 2019

Yes, virtually all income, including this, would count.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do

So my husband shares custody of the boys with his ex, they were never married, judge decided 5 years ago that it was better for the boys to live with dad because of a history of child abuse and negligence from her side, child abuse keeps happening, according to child services the abuse is not bad... Read more »

John Hyland Barrett III answered on Apr 15, 2019

Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the... Read more »

1 Answer | Asked in Child Support for Colorado on

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

My ex is trying to withhold part of the court ordered child support she has to pay just because she thinks I should pay for half of a bill that she owes solely on your own! Does this action make her in contempt of a court order?

John Hyland Barrett III answered on Mar 18, 2019

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.

1 Answer | Asked in Child Support for Colorado on

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

I have a current obligation of $452/month for one child. My wife just had a baby and I was wondering how child support factors in the new baby into my child support. Is there a set amount or percentage that is factored in to child support being lowered? Does my wife have to file child support and... Read more »

John Hyland Barrett III answered on Mar 18, 2019

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... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

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

My ex doesn’t work or go to school. His mom pays all his living expenses bc they are extremely wealthy.

I just got a job offer in Nebraska and want to go to court and ask for my son for the school year and he can have him for breaks and weekends and such (it’s only 5.5 hrs away).... Read more »

Brynne Gant answered on Feb 16, 2019

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... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

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

My ex filed this in response to me enforcing a child support order

Courtney Edwards answered on Feb 13, 2019

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...
Read more »

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1 Answer | Asked in Child Support for Colorado on

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

Can I address other unresolved issues or other unpaid reimbursements thru a filing of a Motion for contempt, if judge has already issued a case management order on the Verified Entry of Support Judgment, that includes mediation end of February? Or do these other issues have to be addressed thru... Read more »

John Hyland Barrett III answered on Feb 1, 2019

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.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

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

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can... Read more »

Courtney Edwards answered on Jan 17, 2019

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... Read more »

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1 Answer | Asked in Child Support for Colorado on

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

Or can I only include unpaid Child Support? Support order states monthly support amount AND reimbursement of health insurance premium

John Hyland Barrett III answered on Dec 31, 2018

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.

1 Answer | Asked in Child Support for Colorado on

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

we recently had mediation and we set a parenting plan he agreed to everything but when it came down to the child support I wanted it to go by the calculator based on his income wages and he didn't agree my son lives with me full time he would only have him weekends up until now with this new... Read more »

John Hyland Barrett III answered on Dec 31, 2018

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.

1 Answer | Asked in Child Custody and Child Support for Colorado on

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

John Hyland Barrett III answered on Dec 6, 2018

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.

1 Answer | Asked in Child Support for Colorado on

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

can they make you pay CS without proof you are the dad

John Hyland Barrett III answered on Dec 5, 2018

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.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on

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

Willing to compensate above norm rate for 11th hour notice.

John Hyland Barrett III answered on Dec 3, 2018

I may be available depending on location and type of case. You can call me to discuss it.

1 Answer | Asked in Child Custody and Child Support for Colorado on

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

See me? And does he still need to pay support?

John Hyland Barrett III answered on Nov 28, 2018

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.

2 Answers | Asked in Child Support and Tax Law for Colorado on

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?

The 8332 is for all years and states the same in our divorce decree. I am in arrears from 2016 and 2017 that just got a judgement on it. I understand they will take my return, but can I still claim my child?

D. Mathew Blackburn answered on Nov 16, 2018

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.

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1 Answer | Asked in Child Support for Colorado on

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

Also what would I have to pay per month on arrears so my principal debt will reduce whist the interest still accrues

John Hyland Barrett III answered on Oct 29, 2018

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.

1 Answer | Asked in Child Support for Colorado on

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

I’ve had licenses, addresses, jobs and filed taxes but haven’t had any wages garnished or taxes withheld or warrant for arrest. Xwife says I do have an active child support order, but is hard to believe. 5-6 years have passed since the divorce papers were filed. My parents had my kids for 18... Read more »

John Hyland Barrett III answered on Oct 24, 2018

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.

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