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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 
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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.
Our original court order said the he would have them 2 overnights each week, pay $512 in support each month, split all other child expenses, and we would each claim one child as a dependent. He left CO in June 2012 and only returned in late 2016. He is behind $4500 in support. He claims I... View More
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answered on Sep 20, 2017
If the orders say you each get to claim a child you each get to claim a child. However, if he has not paid every penny of child support due and owing for a specific tax year, he loses the right to claim the child for that tax year. You will not be able to seek a change in child support... View More
He thinks if he adds them to his insurance he wont have to pay child support anymore. I can't afford to have the kids on a private insurance which is why they have state insurance now. I am worried that the kids will not get the medical care they need if he can't pay for all of it,... View More
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answered on Sep 19, 2017
More information is needed to answer your question. If there are orders saying you cover the kids he doesn't just get to change their insurance. If there are orders saying he has to cover them and he now is, he might be able to seek a modification of child support if adding the cost of... View More
The petitioner in my case has an attorney and I sent them three months of bank statements back in April as requested.
They are now requesting this information again as our permanent orders hearing was set out to 9/22.
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answered on Sep 15, 2017
C.R.C.P. Rule 16.2 does require people to update their financial documents. With a hearing coming up that quickly, such a request by the attorney is normal and reasonable. You should certainly ask that they provide the same.
My ex filed for a modification of child support back in February. Finally at the end of the July the courts informed us that they felt a court date would be necessary to resolve the matter. Since then my ex has been sending emails quoting laws, sending Pattern and Non Pattern Requests, and many... View More
answered on Sep 14, 2017
Your ex may be consulting with an attorney. He does not need to tell you about that. If the attorney drafts any pleadings for him, that needs to be disclosed on the pleading, EXCEPT for pre-approved forms such as the Pattern Interrogatories and Requests. The non-pattern requests should have the... View More
Father of my children and I are going to trial because he states he is not guilty for failing to complete his court order of the child support, even though he has not paid child support for the last six months. Judge states I have to prove 4 things, that there was a court order, that he knew about... View More
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answered on Sep 12, 2017
Proving there was a court order requires bringing a copy of the court order to your hearing. Proving he knew about the court orders can be shown by showing he made child support payments or, if the order derives from an agreement, showing he signed the agreement. Text messages and emails could... View More
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answered on Sep 11, 2017
No. Starting July 1, 1997, courts were no longer allowed to order a parent to pay for college costs unless the parties had previously agreed to such in writing adopted by the court. In your situation, the absent parent's only responsibility is to pay the child support until age 19.
My ex filed a modification for child support back in February as my income has increased and stepped down in his current employment lowering his income. He has the ability to do so because he runs a side business that brings in an extra $30k/year and also got married to a woman making 6 figures a... View More
answered on Sep 11, 2017
First, voluntary decreases in income do NOT reduce child support. If he quit this job or stepped down, there is a very strong argument that the support should not be modified.
As for the repayment (assuming this occurs--which is less than certain), the court will not require that you pay... View More
My ex filed a modification for child support. He emailed me documents requesting pattern and non pattern interrogatories, and pattern and non pattern interrogatories request for documents. He states in the email that he mailed them off but they never arrived and my guess is due that he put my... View More
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answered on Sep 11, 2017
Interrogatories need to be sent out 63 days prior to hearing. If your ex sent them 63 days out or prior then they are valid. In terms of your address, if you can prove you sent him your proper address, whether through email or text or otherwise, then he should have mailed them to that address.... View More
My ex filed for a modification for child support back in February. In July the courts deemed a court date necessary to modify child support as he doesnt agree with my calculations and nor do I agree with his. He recently served with pattern and non pattern interrogatories, and pattern and non... View More
answered on Sep 11, 2017
The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.
If the bank cannot provide complete records make a copy of the banks statement and submit this with the records... View More
I have had full custody of my daughterr for 6 months and there is no court order because he has had warrants and and a felon on his background so he does not want to take me to court
answered on Sep 11, 2017
Yes, a petition for custody by either parent will result in some parenting plan (i.e. visitation) and support obligations being created for the child. Colorado generally favors joint (50-50%) custody and generally does not consider prior criminal history of either parent unless there are health and... View More
answered on Sep 8, 2017
Unless college tuition was part of the existing support order, the answer is almost assuredly no. You can always broach having your ex share the costs, but getting a judge via a modification request to force a payment of college tuition without a prior (or current) agreement has a very low... View More
My daughters mother has a lawyer and I do not have a lawyer so I feel her lawyer is definitely taking advantage of me due to my lack of knowledge on this matter, I believe I was supposed to have given her a copy of my evidence for child support court case in a certain time frame, and I'm... View More
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answered on Sep 6, 2017
You would first need to ask the other attorney whether they agree to a continuance. If they do, a joint or unopposed motion for a continuance would need to be drafted and filed. If the attorney does not agree, you would need to file a motion for a continuance on your own, setting forth the... View More
Which boxes should we check if we don't want to have the court make these decisions for us but are willing to discuss and make them on our own?
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answered on Sep 5, 2017
Presuming the JDF 1101 is a "parenting plan" form, you would check the boxes indicating you both have decision making on major issues. Attorneys don't generally use these forms, but there should be a box to check for joint decision making on the major issues, as well as a line to... View More
Working now her mother cut off support case last yr or 2 ago, now bcuz of laws I got all kinds of suspended license on drive record spent time in jail spent lot of money on bonds did time in jail for child support what can I do bout gettin money back for child support paid and money back for... View More
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answered on Sep 5, 2017
From a family law perspective, the time to do something has long passed in terms of challenging paternity. You could potentially try to find a civil attorney to see if there is some sort of fraud claim you could bring against her, but the chances are highly unlikely. A paternity test should... View More
He has another female IN my son's life telling him that she's his mom he took my son IN November and has only let me see him when he feels like it he says I have to talk to her in order to see my son
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answered on Sep 5, 2017
You need to file a custody case to get orders in place regarding custody and visitation. If there are already orders in place and he's violating them you need to file a motion with the court to enforce those orders. If there are orders in place but they are vague, you may also need to seek... View More
I gave permission for ex to move to San Antonio after divorce. Parenting plan was set for him to be with her during school, I'd get every summer and every other Christmas vaca and birthdays. Joint decision making. Paying $500/per month child support. Custody set in CO. If I move to San... View More
answered on Sep 4, 2017
Likely Colorado has already lost jurisdiction over the child and Texas now has jurisdiction over the child.
Moving to Texas should provide grounds to seek a modification based on changed circumstances. I am not familiar to Texas family law, so I cannot comment on the possibility of joint... View More
I am getting out of prison early next year and have been clean 2yrs, am wanting to be in daughters life
answered on Sep 4, 2017
It is very unlikely that you lost your parental rights solely because you were in prison. You may have little to no visitation (parenting time) because you were is prison and/or did not appear. You can seek a modification to increase your parenting time.
The first step is to review the... View More
Our youngest twin is now living with his Dad who is military. We agreed verbally to stop the child support, however, he has not sent me the documents to file the motion to stop. Is a verbal agreement between us enough for him to cancel the allotment for child support?
answered on Sep 4, 2017
Informal agreements related to support have no validity. Court approval is required to stop support.
I was told by my 32 year old son that he was told "Don't let your father find out". So naturally I want to know whatever it is I need to know.
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answered on Aug 31, 2017
Her filing for bankruptcy should have no impact on the arrears that you owe and I'm guessing she just wants to keep her financial issues private. These should be completely separate legal matters.
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