Get free answers to your Child Support legal questions from lawyers in your area.
There has been overpayment to my x-wife for Child Support over the last 18 months, how do I get this overpayment back? (Colorado)
answered on Nov 20, 2017
It depends on how/why you overpaid. Did you pay more than was ordered? If so, that may entitle you to some relief. Was the child emancipated while you paid? That also may help.You should retain an attorney to review your situation and advise you.
I had a child support hearing and the judge did not factor in my child support payments for my other children so I feel the amount awarded for child support in this case is incorrect. What forms do I need to file with the court to correct this and where do I find the forms?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2017
More information is needed to answer your question, including as relates to the judge. If a magistrate, you will have to file a petition for district court review of the magistrates order, pursuant to Colorado of Magistrates Rule 7. If a judge, you would file a motion to amend the order pursuant... View More 
answered on Nov 16, 2017
Your income is not counted in calculating your spouse's child support obligation (for a child that is not your child). Also, you have no obligation to pay your spouse's child support obligation.
My wife filed for a modification of child support back in July of this year. The first hearing, her ex husband was examining her and brought to the court's attention that she could be spending significant assets that were not reported on the forms required. So the judge stopped the hearing and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2017
In a family law case, both parties should be given approximately equal time to present their cases, both parties should be given a chance to testify, and both parties should be given a chance to cross examine the other party. What you have described is not normal and may constitute judicial... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2017
Not sure what specifically you are asking as the latter part of your question may have a few words missing. To change primary residential custody you will need to file a motion to modify parenting time, which also needs to state one of the bases set forth in CRS 14-10-129 related to also changing... View More
we both want the divorce, and want it to go easy.
we split everything already, i don't want child support or alimony, but is it required?
Can u get 50 50 custody? and can we both file for the divorce equally?
answered on Nov 8, 2017
Custody needs to be decided in the best interest of the child. A 50-50 arrangement may be acceptable if it is the child's best interest. Child support is usually decided by a formula which considers the amount of time each party has the child overnight, the incomes of the parties, and certain... View More
answered on Nov 6, 2017
There is not supposed to be a correlation between paying support and parenting time. However, not paying child support may be viewed by the judge as a negative factor and bring into question your concern for the child. You should retain an attorney to assist you with this important issue.
My ex earns a significantly higher salary than me but our 2 teenage boys do not spend 50% of overnights in my residence, despite the fact that I am available and desire to have them as much as possible.
answered on Oct 30, 2017
Child support is usually determined by the child support guidelines. Factors include income of both parties and the number of overnights with the children, and the costs of health insurance and child care for the children Child Support can be retroactive to the date of filing the motion to modify... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2017
You and mother would need to draft, sign, and file a stipulation waiving the arrears and get the court to sign off on an order adopting the stipulation. If the county child support enforcement until is involved in the case, they may want to sign off on it, too. They could then lift the block on... View More
Received a call from child support , they have my case but cannot find him. I do not know where he lives but I do know he is working under table including the location. He is also on probabtion. Can I do something to speed up the process, contact probabtion officer to get address ? It's been... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2017
You could contact his probation officer to see if he/she might be willing to help. If you know where he works you should consider having him served with a contempt of court motion.
My son just moved in with me last night and I want to do things the right way. I have been paying child support on him since he was born but now he resides with me. I am enrolling him into a school within my school district and he has his own room here with me. How can I stop garnishments and raise... View More
answered on Oct 23, 2017
You need to file for a modification of the child support order due to the change in residence. If/when granted, that should stop the garnishment, unless you are being garnished for past due support. you should retain an attorney to review your situation and advise you how to proceed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2017
If your wages are not being garnished, there is nothing you need to do. You just stop paying. If they are being garnished, you should first talk to payroll or HR to let them know last child has turned 19. If the support order says it stops when last child turns 19 they might be willing to just... View More
How successful would I be in changing a joint decision making order from 8 years ago to a sole decision making, sole physical custody order when the father moved out of state and refuses to disclose phone number or address? He moved 3 months after initial court order. This was 8 years ago and child... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2017
If he has had nothing to do with child, refuses to provide phone number, address, or way to communicate, it seems that you would have a good shot at modifying decision-making to sole. Additionally, parenting time could also be modified. Not sure what you mean by "take her to his state"... View More
Ex-wife says that because of my increased income, she wants back payment of three years of child support. But agreement via mediation only requires a certain amount and nothing more.
answered on Oct 15, 2017
Yes, there are modification requests. These can change child support payments, custody, and/or any other aspect of a pre-existing court order. A modification can be contested or non-contested. Be forewarned there are black-out periods from when a modification request can be made after a prior final... View More
I was engaged to girl and we had a child together. She recently ended things. She moved to be closer to her family and has our child during the week. I take him on the weekends. I want to see my son more, but want to keep things peaceful for son who just turned 2. How should I handle child support?... View More
answered on Oct 11, 2017
You have the right to have a relationship with your son and the responsibility to contribute towards his support. Either party may bring a court action to establish parental responsibility and child support. Parental responsibility-decision making and parenting time- will be decided in the... View More
and allowed my son, or any of his relatives, to visit the children. No one even knows the children because of her mother and herself not following the court order. What can we do at this point?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2017
Are you asking on behalf of yourself or your son? In either case, someone needs to consult with a family law attorney. Additionally, a lot more information is needed before anyone can give a meaningful answer in terms of what can be done. If the orders haven't been followed for 12 years,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2017
Seizure of the mobile home is unlikely but the state could absolutely put a lien on the mobile home.
My wife and I are divorcing. We would like to mediate, but we are have a special needs kiddo (8 year old named "Grace"), who is on the CES Waiver. As part of this Waiver, my wife (Jaime) works for an Agency of the State as a Certified Nursing Assistant (CNA) to take care of Grace. We are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2017
You need to speak with an attorney or someone who specifically deals with these types of benefits. Most family law attorneys can weigh in on benefits as relates to income and support, but will not know what will or will not affect the benefits. A good starting point might be the agency... View More
During the divorce and child support process, i had informed the court with paystubs that what they wanted to order was too high. They proceeded to just do a quick glance and put it through anyways. My paychecks are around $600 bi-weekly and my child support is $745 a month. My own rent is $1,100 a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2017
More information is needed to assess your situation. The presumption is that the court attributed a higher income to you than what you are actually making. You need to consult with an attorney to go over your specific facts and your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
