Get free answers to your Child Support legal questions from lawyers in your area.
I was never married to my ex, we just have a child together that I am trying to get custody of.
answered on Aug 27, 2017
I assume that you are referring to a first-time custody application because a SFS (Sworn Financial Statesmen) is usually only required with a first time application. If you are only referring to a modification, than support does not necessarily (but often is) included in a modification request.... View More
answered on Aug 26, 2017
Yes, you are required to pay support until the court orders the payments stopped. If you want to stop payments you will need to petition the court. Based on your information the child may be "emancipated", but a full review of the situation is required to make a full assessment (note: the... View More
Mother has had children full time for over a year. Father has seen children only a handle full of times in that year. Yet mother receives a call saying her wages are being garnished 25% for child support. Parents have not had a legal court process and there is no mandatory child support on record.
answered on Aug 22, 2017
If there are no child support orders in place, then no, mother should not be garnished. It seems to me that there is some information missing and you should consult with a family law attorney. You should also look to which court the garnishment papers were filed in, call the court, ask for any... View More
I have a current order and an arrears payment. My daughter is moving out and getting her own apartment and her mother has moved out of state. Is my daughter considered emancipated?
answered on Aug 18, 2017
Termination of support requires court approval. If you incorrectly terminate support without court approval, you will be subject to interest and penalties like a normal non-paying parent. Based on your facts, the child MAY be emancipated (Justia's Q&A cannot provide legal determination... View More
answered on Aug 16, 2017
More information is needed to even begin to answer your question. As such, the answer at this point in time can only be maybe.
My ex-husband is an auditor. He made between $40,000 - $50,000 per year throughout our marriage. I was a stay-at-home mother. He claims to be unemployed but spent a few months working in a call center between December '16 and March '17 . He asked the state child support enforcement to... View More
answered on Aug 12, 2017
Child support is always subject to modification up to the end of the support at 18/19 years old. The operative term is "change in circumstances" (which has a legal definition that is far more restrictive than the lay definition). Based on your facts, it is reasonable that a decree in... View More
His mother my sister refuses to help and his father already pays my sister. I'm only asking because it would help him more.
answered on Aug 12, 2017
Requesting and receiving child support is conditional upon having a child support order and some amount custody must be granted by a court before support can be requested. A POA does not establish any custodial rights.
My father put my name on the house deed like 2-3 years ago it's still processing, but a few weeks ago he brought his girlfriend to live with us. She hates me and tries to make everything hers, if after a couple years or if my father pass will she be entitled to anything here? Or can I put her... View More
answered on Aug 10, 2017
Only people listed on the deed have a legal interest to the property.
Your father can gift his interest in the property to the GF. Similarly, your father can devise his portion of the home to the GF in a will.
If there are no wills intestate rules apply. For instate purposes, the... View More
My boyfriend Devins mother just passed away on May 7th. His father owed 10,000 in back pay and had been making payments twice a month I believe for a few months before his mother had passed away. Devin wanted me to help him find out if it were possible for him to sue his dad for the rest of the... View More
answered on Aug 9, 2017
The mother's estate can sue to collect debts owed to her.Devin should consult with the estate attorney to pursue this.
The court said he was responsible for 50% of 'extras' and this was explained to me as any added medical, dental, vision and extracurricular activity costs on top of the monthly support. How do I add these costs to the amount he owes?
answered on Aug 9, 2017
You can send the amounts to him. If he does not pay, you can file a motion to add those costs. You will have to verify the amounts.You should retain an attorney to assist with this.
Order was set in place 4 years ago and since then we have both changed jobs. How do I update the support order to reflect our changed incomes when he is unwilling to fill anything out or report his income? The order was set in place in CO, where I live with the kids 100% of the time, but he moved... View More
answered on Aug 9, 2017
You can file a motion to modify child support. That will require him to produce his income records.the court will set a new child support amount based on your respective incomes. That change can be retroactive to the date you filed the motion. You should retain an attorney to do this.
answered on Aug 7, 2017
Yes they can if your salary/wages justify an increase. Also, they may be able to impute income to you if it looks like you are being underpaid for the position.
answered on Aug 3, 2017
If you can effectively argue to the court that this is a financial circumstance reducing his/her financial needs a court might buy into that. I would not use the free room and board as a basis for filing a motion to modify. However, if you are headed to a hearing you could certainly give it a... View More
answered on Aug 3, 2017
Child support ordinally goes to age 19. However, it may be terminated before then if he is emancipated. Emancipation requires that he live on his own and be self-supporting, without financial help from his parents. It requires an order from the court to terminate the child support.you should retain... View More
Can my ex husband change child support if I move in with someone?
answered on Aug 1, 2017
Moving in with your boyfriend would not have an impact on child support. You should be fine.
answered on Jul 24, 2017
Contempt is one possible course of action. You can also motion to attach to the income from the second job or seek a modification based on the unreported income (including interest for retroactive support). You must petition and prove your claims to the court because the court will not investigate... View More
answered on Jul 24, 2017
Contact the Colorado department of revenue or the department of labor.
The arrears owed are the result of a judgement entered separate of the original Child support judgement.
answered on Jul 23, 2017
Assuming paternity has been established (which has occurred if a valid support order already exists), Colorado has no statute of limitations on back support plus interest (a court may reduce the back support if requested by the nonpaying parent AND case-specific facts support a reduction). These... View More
There are 5 children a house and a marriage of 16 yrs. The husband has been the sole wage earner.
answered on Jul 10, 2017
A legal separation functions just like a divorce, except that at the end the marriage is not dissolved (meaning that neither party can remarry). In other words, property/debts are divided, child support is calculated, and alimony is calculated. Legal separations--which are relatively... View More
continued.....and has lived here for approx 10 yrs, has 2 children, separated from husband.
answered on Jul 7, 2017
You can get a divorce here. You need to meet the residency requirements of the state where you live. In Colorado, you need to have lived here for at least the past 91 days.
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