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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support and Juvenile Law for Colorado on
Q: I am paying child support on a 17 year old will be 18 in 10 days. He was arrested for 22 armed robberies.

Can he be emcipated due to being in state custody?

Stephen J. Plog
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answered on Dec 28, 2017

If the 17 year old is in prison and not coming you, you should be able to seek a termination of the child support obligation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: My sons dad texted me and wants nothing more to do with our child. What are my options?

We just went through mediation almost a month ago. Since then my son went to the first visit, afterthat his dad would come up with an excuse or ask me to keep him. Yesterday when I asked if he was coming to see his son, he stated our child was a mistake and wants nothing more to do with him. I... View More

Stephen J. Plog
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answered on Dec 28, 2017

If there are no court orders in place, you all could come to an agreement indicating you have sole custody and all parenting time. If there are orders in place, you could modify those orders via an agreement, stipulation, granting you those same things. If he thinks giving up his time will also... View More

2 Answers | Asked in Child Support for Colorado on
Q: Ex-wife doesn't have a job. If she were to acquire one, would the amount of child support I pay her decrease?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 20, 2017

It may be a basis for a new child support order. Her new income would be part of the child support calculation. The new support amount will depend on her income, your income and the number of overnights each parent has with the children and child care and health insurance costs for the children.... View More

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1 Answer | Asked in Child Support for Colorado on
Q: Son is primarily with me I cover all his needs. Will I be tje one to pay support. I have primary residence

Joint custody but it's primarily with me I cover all his needs daycare taking all his check-ups and cover all his needs pretty much. I was served with child support papers will I be the one that has to pay I also keep a full calendar of the days I have him and you obviously see on there that... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 18, 2017

This will be based on the child support calculation guidelines. This is a formula which uses the respective incomes of the parents and the number of overnights each parent has the child along with child care costs and medical insurance for the child. You should retain an attorney to assist you with... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Would anything happen to my sons mother if I showed pictures of her in court on Craigslist asking information regarding

Pay and what sexual favors would need to be performed in exchange for money? The photos show pictures of her with her email address that she gave the courts and the email from her. There's also an email posting for a "Friends with Benefits" type of relationship on Craigslist as well.... View More

Stephen J. Plog
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answered on Dec 14, 2017

Probably not, but maybe. You should consult with a family law attorney, as more detail is needed to fully assess your situation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: What should you do or can you do if you have an out of state full primary care custody and the other party is filing

Full custody and child support, even though she hasn't paid anything in 5 yrs, I never filed for child support. The attorney that filed the response has been an attorney for a long time, but I'm starting to feel like he isn't very knowledgeable about my case or he doesn't know... View More

Stephen J. Plog
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answered on Dec 14, 2017

More information is needed to assess your situation, including whether there are interstate issues that need to be dealt with. Though no attorney can guarantee anything, a food family law attorney should be able to give you at least a good assessment or likely outcome for you case, given the... View More

1 Answer | Asked in Child Support for Colorado on
Q: My18 year old has stopped all communication with me. Can I terminate the child support order based on her abandonment?

She lives with mom and graduated high school in May. All communication has been ignored.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 12, 2017

In Colorado, child support is payable until age 19. It does not matter that she does not communicate with you.

1 Answer | Asked in Child Support for Colorado on
Q: What trouble can I get into if I don't sign the form cause I was told I didn't have to sign that form.
Stephen J. Plog
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answered on Dec 9, 2017

Way more information is needed before anyone can answer this question? What form? What are the circumstances?

2 Answers | Asked in Child Support and Family Law for Colorado on
Q: I was order to pay back child support but the kids live with me full time. Do I still have to pay the back child support

My ex moved about 2 years ago and haven’t paid any money. Can I get, back child support from her? And how will this affect if any, me paying back child support? There is a court order for me to pay child support. Just to reinstate she lives in a different state, hasn’t paid me child support.... View More

Stephen J. Plog
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answered on Dec 9, 2017

You will still have to pay back what you owe. However, you could seek to modify retroactively to when she left the kids with you, maybe and depending on all facts, pursuant to CRS 14-10-122(5). More information is needed to fully assess your situation and you should consult with a child support... View More

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1 Answer | Asked in Child Support for Colorado on
Q: So child support court orders stay the same after 9 years?

My ex has a court order from 2008 saying that if he is up to date on his child support he can claim my daughter every odd year, so that means he can claim her this year only if I sign a IRS Form 8332 which I'm not going to do my daughter has been with me since birth. She does not see my ex on... View More

Stephen J. Plog
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answered on Dec 9, 2017

The court orders only relate to the income tax dependency exemption, which is different from head of household. Under Colorado law, the court or orders can allocate the right to claim the exemption among the parents. Regardless of what IRS Code says, if he is current on his support he does get... View More

1 Answer | Asked in Child Support for Colorado on
Q: Why haven’t I heard anything back from child support, it’s been 7yrs since I filled out the application what do I do now
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 8, 2017

You should check w/ child support enforcement to see what the status is. Also, you can retain a private attorney to collect the back support.. The attorney should be more responsive.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If I have primary custody from a different state for the last 5 yrs and never filed for child support, can I ask for

Back child support if the mother is now trying to get full custody and child support from me? My son is in 10th grade and wants to live with his mother. We all live in Colorado now. What do I need to do?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 8, 2017

You can ask for current child support, but probably not back support, unless there is an existing order that she has not paid. You should retain an attorney to help you with this.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I have been the primary parent for one child 80% of the time for the past 4 1/2 yrs from a court order out of state

And never asked or received child support. Now my child is 16 and wants to live with the other parent full time. The other parent wants child support even though I didn't ask for or get any for 4 1/2 yrs. Am I able to get back pay and will I be required to pay?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2017

You may be able to collect back support if there was an order for support that the other parent did not pay. You may be required to pay support at this time depending on the amount of time the child spends w/ each parent and the parent's respective incomes. You should check w/ an attorney... View More

1 Answer | Asked in Child Support for Colorado on
Q: What if two men are listed as possible father and neither show up to take the paternity test?
Stephen J. Plog
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answered on Dec 4, 2017

You will need to go back to the court to see about gaining their compliance. Presuming there was a court order for testing, they are clearly in violation, presuming they were served/the court has jurisdiction over them.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: If I were to change my daughter's name differently from her biological fathers would he still have to pay child support

Can you change your child's last name after the biological fathers name.. and still receive child support?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 1, 2017

Yes. The name change will not affect his support obligation.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Just found out I was the father of a 1 year old boy and have been orders to pay child support n have yet to even see him
John Hyland Barrett III
John Hyland Barrett III
answered on Nov 30, 2017

Child support and parenting time are separate matters. You may want to bring an action for allocation of parental responsibilities in order to assure the right to have a relationship with your son.You should retain an attorney for this.

1 Answer | Asked in Child Support for Colorado on
Q: How can someone who owes $16,000 in back child support get child support from ex who he owes the child support to?

My sisters ex husband owes her 16,000 in back child support, he has no job, lives with his parents and has at least 20 contempt of court for breaking their parent plans due to keeping the children from her on her days. He has lied about her and has exploited the children for money to different... View More

Stephen J. Plog
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answered on Nov 28, 2017

If he owes that much in back support there should be an offsetting of what she owes compared to what he owes until such time as his debt is paid off. A lot more information is needed to really assess this situation and answer the question. She should consult with a different family law attorney.

1 Answer | Asked in Child Support for Colorado on
Q: How many years after a child is born does the mother have to request a paternity test and, if positive, child support?

Mother asked for a paternity test twice, it was done twice, she "lost" it twice. Results never came. Helped pay for it both times. She never asked the "other" man for a test or to pay for it. Haven't heard from her in 3 years since. Can she come back at any point, even 10... View More

Stephen J. Plog
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answered on Nov 28, 2017

If there has been no official test done through a paternity case she can come back, even 10 years later, to request a test and support.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: My ex-wife opens a child support case here in Colorado but recently moved to Georgia,took my son and opened case there 2

I didn’t agree for her to take my son, I wasn’t contacted about the new case in GA, how did they get my wages here. I am now paying 250 dollars more a month

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 27, 2017

They will be able to garnish your wages here even if it is a GA order. you should retain an attorney to help you with this so that you are not taken advantage of.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Modification of Child Support. 8 hours away for a hearing that will only be 1 hour. Can I just mail finances and not go?

I was in a court battle for nearly 2 years. I was summoned yet again for Modification for Child Support can I just mail my finances and not go so they can just tell me what I need to pay?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 27, 2017

Your best action would be to request permission to appear by phone so the court hears your side. Your attorney can try to arrange this for you.

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