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Colorado Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Colorado on
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

He will be in prison for at least a year but was making $7600 a month before his arrest. I have his pay stubs and tax return which he provided to me. I don’t make much money in spite of working very hard and I am concerned that I won’t be able to support the girls without payment from him

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2018

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.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My daughter turned 18 and moved out, do I have to pay until she's 19?

She supports herself completely and does not live with myself or her mother. Can I have her removed from the support agreement?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 5, 2018

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... View More

1 Answer | Asked in Child Support for Colorado on
Q: My child turns 19 on June 9th. Would the month of May be my last required payment or June?

No extenuating circumstances. The CS order reads that support ends when the child turns 19.

John Hyland Barrett III
John Hyland Barrett III
answered on May 31, 2018

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
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.

My son's mom signed initial papers to place for adoption when he was born, but never final relinquishment papers (she disappeared on drugs). I was out of state, but said I wanted custody as soon as I was notified of his birth (we are still legally married). After he was in foster care for 10... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 23, 2018

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.

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

Case in Arapahoe County, CO. There is a child support order in place. There is nothing in the order that states further action after the age 18 of minor children.

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2018

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.

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1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Will I have to pay my husband child support if he makes 4x's the amount than I do?

My husband filed for divorce and hired a lawyer. I moved out of the house, after he filed, and I cannot afford a lawyer. I have 3 children, he is the father of 2 of them. I am seeking Maintenance and child support. The 2 children, ages 3 & 5, spend 60% of the nights with their father, so we... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 15, 2018

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... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Colorado on
Q: I just found out I have a 9 year old daughter. Should I seek council?

Regardless of what I want, the Mother and her husband are going to seek adoption. Speaking with her lawyers, she will give assurance she won't go after back child support, even though I just found out about this child. I would like to know my options and if I should seek council.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 30, 2018

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... View More

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: At what age does child support stop when paid to a caregiver, not to a biological parent?
Stephen J. Plog
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answered on Apr 25, 2018

Child support generally stops at age 19. Whether the caregiver/recipient is the biological parent is irrelevant. If the child is 18 and no longer lives with them or is no longer supported by them, then a motion to modify could be filed.

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1 Answer | Asked in Child Support for Colorado on
Q: How Can i close a child support case that has been recently opened but not filed yet

The child support agency won't let me cancel the child support case they say my husband has already been served so I have to complete the process but nothing has been filed yet or taken to court how can I stop this from happening

Stephen J. Plog
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answered on Apr 16, 2018

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.

2 Answers | Asked in Family Law, Child Support and Child Custody for Colorado on
Q: My son is 18 and moved from mom's house to mine. Can I file to term support of do I also file mod of parenting time?

Mom and he agreed it was not good for him to continue living with her but I am still paying child support although paying 100% of his support to live at my house. He has been with me 30 days now and has no intention of moving back with his mom. The online help is unclear as he is now an adult so... View More

Stephen J. Plog
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answered on Apr 10, 2018

Child support runs until age 19. As such, you should either file a motion to terminate or modify child support. If your son is newly 18, you could seek support from the mother. A modification or termination of support should be retroactive to the day a motion is filed, so you should consider... View More

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1 Answer | Asked in Child Support for Colorado on
Q: Divorce decree. All childcare is split 50/50

With her week of babysitting for my son would be 192$ when it’s my week with babysitting costs it’s 150$ she owes me. So there’s a 42$ difference. Does that mean I only owe her 42$ her week? And does this count as child support? Because she declined child support and judge granted it it.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 6, 2018

This depends on the court order. The order may have taken childcare costs into consideration in the calculation, or the court may have ordered a division of those costs, or perhaps it was not addressed. You need to follow the order. You may be able to request a modification of the order if... View More

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: How do I go about child support. My ex pays 57.62 a month with 10.00 for back child support. To up it more a month

We do every other weekend and he has our son for two months for the summer. He doesn't have prrof if work employment.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 6, 2018

You can file a motion to modify child support. It should be determined based on your time sharing for the child and your respective incomes (or potential incomes if voluntarily underemployed), plus daycare and health insurance expenses for the child. You should retain an attorney for this.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My ex and I have 49 51 custody past year there has been issues surrounding his living environment my daughter and his

Step daughter physically Faught I changed her school and she’s been living with me full time she recently was hospitalized and has so many emotional issues he won’t help money or with her is this grounds to modify and ask for child support I miss work to get her to appointments

Stephen J. Plog
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answered on Apr 6, 2018

It sounds like there may very well be grounds to seek a modification. You should consult with a family law attorney regarding the specifics of your case and to potentially seek representation for the modification.

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2 Answers | Asked in Child Support for Colorado on
Q: . Ex wife refused child support. Judge granted it. Can she file for child support again?

I owed less than 30$ it’s a 50/50 child custody. She threatens me to go back and request child support.

Stephen J. Plog
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answered on Apr 6, 2018

Pursuant to CRS 14-10-122, there needs to be a substantial and continuing change in circumstances. She can certainly file a motion to modify child support if incomes have changed or other circumstances have changed such that child support would up by 10% or more. However, the baseline should be... View More

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2 Answers | Asked in Child Support for Colorado on
Q: If my child is 18 but still in school am I required to pay her child support still?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 4, 2018

In Colorado, child support is payable until age 19, or graduation from high school, whichever occurs last (up to age 21).

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1 Answer | Asked in Child Support for Colorado on
Q: I am a stay at home mom, and remarried, but if my ex starts making $500K per year, what should I get in child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 30, 2018

This depends on the number of children and the number of overnights each parent has with the children. You also need to factor in any child care expenses and the cost of medical insurance for the children. Your potential income is also a factor. You should retain an attorney to review your... View More

1 Answer | Asked in Adoption and Child Support for Colorado on
Q: My children were adopted by their step father in December 2017. Should I still be paying child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 28, 2018

The adoption would have terminated your child support obligation. Therefore, you should not be still paying current support. You are still responsible for any unpaid back support.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Please help me with my daughter. Her mother wouldn't let be there when she was born. I need to establish Paternity

I can also prove that she's been very untruthful in the matter.

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 20, 2018

You can bring a paternity action to establish your legal rights and responsibilities for the child. you should retain an attorney to do this.

1 Answer | Asked in Child Support for Colorado on
Q: My divorce occurred in Denver District Court. Do I have to file a child support modification there?

We both now live in Boulder County and it would much more convenient to use the local court is the reason.

Stephen J. Plog
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answered on Mar 18, 2018

Unless the case is moved to Boulder, you would need to file in Denver, in the same case. Given that both of you live in Boulder, you should file a motion to change venue pursuant to CRCP Rule 98. You could file that at the same time as your motion to modify, though optimally you might want to... View More

1 Answer | Asked in Child Support and Civil Litigation for Colorado on
Q: Can I file a complaint and ask the court to override the CSEU's 3 month Drivers license suspension?

The child support enforcement unit has caused every problem I have in making my payments since losing a job in Oct 2016. (No fault of my own BTW) They raised my payment obligation from $1179/mo to $1450 when I was unemployed and that caused an arrears balance to pay.

That balance has... View More

Stephen J. Plog
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answered on Mar 18, 2018

If they have validly suspended your license, your only real option is to get the arrears balance paid. You could potentially seek to modify the ongoing child support. If you are unable to work, which it seems you are, due to their actions, it's unfair for them to push for the continued... View More

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