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Colorado Child Support Questions & Answers
2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: Why is a sworn financial statement needed for a custody case if the child support is a different case?

I was never married to my ex, we just have a child together that I am trying to get custody of.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: If my son is at college out of state and all his expenses are paid for (529 acct), do I still pay his mom support?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

1 Answer | Asked in Child Support for Colorado on
Q: How can a parent be garnished for child support when they have 99% sole physical custody but no legal arrangements?

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.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Child Support and Family Law for Colorado on
Q: My daughter is 18 years old and has graduated high school, she starts college soon. Am I still obligated to pay support?

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?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

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1 Answer | Asked in Child Support for Colorado on
Q: Can the primary parent cancel child support?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn 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.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Child Support & Underemployment

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

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

2 Answers | Asked in Child Support for Colorado on
Q: If I have power of attorney of my nephew, am I able to try and get child support?

His mother my sister refuses to help and his father already pays my sister. I'm only asking because it would help him more.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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.

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1 Answer | Asked in Family Law, Child Support, Patents (Intellectual Property) and Probate for Colorado on
Q: If the house deed is on my name can my father's girlfriend be entitled to anything?

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

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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...
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1 Answer | Asked in Child Support for Colorado on
Q: How to sue for back child support as an adult child after the death of custodial parent?

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

John Hyland Barrett III
John Hyland Barrett III
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.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Part of my child support order includes 50% of the children's 'extras' on top of monthly support amount how do I add it?

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?

John Hyland Barrett III
John Hyland Barrett III
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.

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2 Answers | Asked in Child Support for Colorado on
Q: Our incomes have drastically changed since the support order in place over 4 years ago. How do I change the order?

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

John Hyland Barrett III
John Hyland Barrett III
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.

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2 Answers | Asked in Child Support for Colorado on
Q: If my fiancé opens a business and I work for her can they change my child support based on that?
John Hyland Barrett III
John Hyland Barrett III
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.

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1 Answer | Asked in Child Support for Colorado on
Q: My ex has free room and board, should this have any effect on how much I pay for child support?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Child Support for Colorado on
Q: My son is 18 living on his own, not in school, working, and on probation for two years, how much child support is due
John Hyland Barrett III
John Hyland Barrett III
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

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2 Answers | Asked in Child Support for Colorado on
Q: I would like to move in with my boyfriend. Can that effect my child support?

Can my ex husband change child support if I move in with someone?

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2017

Moving in with your boyfriend would not have an impact on child support. You should be fine.

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2 Answers | Asked in Child Support for Colorado on
Q: If I have child support from my son's dad and he doesn't report his second job will he be in contempt?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

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1 Answer | Asked in Child Support for Colorado on
Q: How do I report an employer knowingly paying an employee under the table to help him avoid child support?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2017

Contact the Colorado department of revenue or the department of labor.

3 Answers | Asked in Child Support for Colorado on
Q: Is there a statute of limitations on child support arrears in Colorado for a case in which only the state is owed

The arrears owed are the result of a judgement entered separate of the original Child support judgement.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

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4 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: If your husband is wanting a legal separation what should be covered in writing.

There are 5 children a house and a marriage of 16 yrs. The husband has been the sole wage earner.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

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1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: If an Indonesian woman marries an American in Indonesia, can she get a divorce in the USA where she has a green card

continued.....and has lived here for approx 10 yrs, has 2 children, separated from husband.

John Hyland Barrett III
John Hyland Barrett III
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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