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Colorado Child Support Questions & Answers
2 Answers | Asked in Family Law and Child Support for Colorado on
Q: My daughter's father has failed to pay support by the 5th every month since stipulation orders were made over a year ago

States he has to pay by fifth and the arrears have also never been paid. He never sees her (five times last year and he lives 1/2 hour away) and even is being investigated by IRS for claiming her last year which is EIC fraud. Is it contempt of court since he has failed to pay on time and not... View More

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

This may be contempt of court if he is deliberately disobeying the court order. Also, you may want to implement an income assignment so the payment is deducted from his pay and sent to you via the family court registry. You should retain an attorney to help you with this.

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2 Answers | Asked in Child Support for Colorado on
Q: My ex received a lump sum capital gain last year, and want to exclude it from child support calculations

My ex received about 60k in capital gains last year, and used the proceeds to settle the divorce and pay taxes.

She wants to exclude this money from the child support calculation.

The capital gains happen periodically, but not every year. Maybe every 5-7 years.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 11, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Can a noncustodial parent challenge the current laws regarding that parent's inability to survive due to garnishment?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 7, 2017

You have a very low chance of success, but you are welcome to do so. The courts are not terribly sympathetic to a deadbeat parent, but if the garnishment includes both current payments and back payments you can request a reduction for the back support. For the current support, you will have to... View More

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1 Answer | Asked in Child Support for Colorado on
Q: My divorce was final about 2 weeks ago, and I just found out that my ex-husband is getting remarried.

He is presently unemployed, but a full time student and I have sole custody of our 3 kids. Once they are married, will I qualify for an increase in child support based on her income?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 7, 2017

No. However, when your ex has an increase in income you can (and should) seek modification of support. You can also request retroactive support to cover the year(s) that you ex had no income.

2 Answers | Asked in Child Support for Colorado on
Q: Does the child support percent age increase if the noncustodial parent owes back child support?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 7, 2017

No, but you will get interest on the back support amount.

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1 Answer | Asked in Child Support for Colorado on
Q: Is child support allowed to take money from two different employer if you can meet the court ordered amount due from one

There is a little back support due, from when noncustodial parent was laid off, but what is the total amount that can be taken from each employer? The percentage

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 7, 2017

The total cannot exceed the court awarded amount. You can garnish from more than 1 employer, but money is usually taken from a primary (greater income or "anchor") employer and the second employer only garnishes if the primary is expended. There is a certain amount of negotiation that can... View More

1 Answer | Asked in Child Support for Colorado on
Q: I got divorced in 2015 texas and have a divorse decree there for set child support amount. My x wife moved to California

About a 1 1/2 yrs ago. I moved to Colorado work in Colorado the case was never transfered. I'm paying my child support on time. If we need to modify the child support amount. Will they go by colorado calculator or California? Thanks in advance

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2017

Child support is based on the jurisdiction of the child(ren). The test is usually, which state have the children (each counted separately) permanently resided for over 6 months? Note, there are exceptions which can negate the 6 month requirement (e.g. when both parents and the children leave the... View More

1 Answer | Asked in Child Support for Colorado on
Q: Unknown child, and child support questions

I recently found out an ex of mine had a child. She broke up with me, and stopped talking to me. Now, she just messaged me saying She has a 2 week old child. She thinks it is mine but is only about 70% certain, as she has had relations with others at that time.

Her father provides... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 4, 2017

Yes, support can be retroactive. The living situation and income of the parties defines how support (if any) is granted, but you will need an attorney to review the specifics of the case to make a determination. Of course, prior to any child support, paternity must be established (if you are... View More

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Is there a way to get back child support dismissed if visitation was denied?

My husband divorced in 2002. Visitation and child support was agreed upon in court. We were to have his daughter every weekend, every summer, and every other holiday. When we were denied visitation, we stopped paying support. They child is almost 18; we have never had her for a single holiday, had... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 30, 2017

Non-compliance with visitation (or any other part of the custody agreement) does not excuse child support obligations. If a valid support order (including back support was entered), there a very limited means to appeal the determination (most relate to inability to pay or the child not residing... View More

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1 Answer | Asked in Child Support for Colorado on
Q: In colorado why is there still child support in a 50/50 child custody situation?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 24, 2017

First, most custody agreements are not usually exactly 50-50% with the parents having the same income. Second, a joint custody agreement is included in the child support calculation. This occurs via offsetting of support costs found in the Support form (at the end). Finally, the support calculation... View More

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My children's mother is claiming my kids at her house and at her mothers house. It is illegal to do so right?

I have 4 daughters by one mother. Two of them live with her, the other two live with her mother. I recently learned that both my ex and her mother are claiming all 4 of them at both locations. I have been paying child support for them for years and I am now paying arrears. How do I begin to fight... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 23, 2017

I am not sure what you mean by "claiming". For tax purposes? For support calculations for child support? Try resubmitting your question.

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: If I have a 20 year old 16 year old and 15 year old do I have to fight my husband for custody rights?

Could I move out of state?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 15, 2017

The 20 year is not a factor unless you want to negotiate partial payment of college expenses (allowed, but not required in Colorado). The 16 and 15 year olds will definitely be subject to custody agreements, visitation, and child support (until 19 in Colorado).

Turning to leaving the...
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1 Answer | Asked in Divorce and Child Support for Colorado on
Q: If you are giving money to the child instead of the mother does it count toward cs
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 10, 2017

No, it must go to the mother per a support order. Note, if the court order requires payment to another party on behalf of the child (e.g. a grandparent or other guardian), the money need to go to the other party. In other words, follow the court order on whom, when, and how much.

1 Answer | Asked in Child Support for Colorado on
Q: If I give my pay check every week to the mother does it go toward child support
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 10, 2017

Review the support agreement. If you are not required to pay directly to the state, giving a paycheck is at least partial payment (that is the paycheck is counted up to the support amount).

If this question relates to non-court required support, the answer gets murkier. You can make a...
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1 Answer | Asked in Child Support and Divorce for Colorado on
Q: If we already have an agreed upon amount for child support do we need to fill out the child support work sheets?

We have been separated (not legally) for 10yrs, and are now getting a divorce.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 6, 2017

Yes, the worksheet is required. Since the worksheets follow the mathematical formula of the applicable support statute, the support award granted under the worksheet is very important. The statutory (worksheet) amount is presumptively a fair award under Colorado law, so if your agreed upon amount... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I'm just now hearing about a 4 year old that could potentially be mine. Someone else is in the Birth Certificate.

He put himself on the Birth Certificate voluntarily claiming to be the fathers of the child. They were common law married to my knowledge and have two other children together. She now is apparently seeking child support. Am I liable for it? I was told to take a Paternity test before the court date... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2017

There is technically a 5 year statute of limitations to deny or disavow paternity. There is also a legal argument that when this guy put himself on the birth certificate he became the father. This doesn't necessarily mean you are out of the woods. If they were married, he is also presumed... View More

1 Answer | Asked in Child Support for Colorado on
Q: My son is turning 18, and lives in college dorms. Can I pay support directly to him?

His mom moved 35 miles further away and now is in a one bedroom apartment. She didn't notify me (required by the decree) or my son. She has contributed nothing to his college, clothes, or food and doesn't have a place for our son at her apartment. Can I just pay him directly? He could use... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 3, 2017

Technically, the mother should receive the check. You can file a motion to direct the payments to your son, but a judge may not grant the request because courts tend to view that a parent is providing partial support. However, your facts would be very strong evidence for the transfer (esp. if your... View More

1 Answer | Asked in Child Support for Colorado on
Q: I currently have 3 children. 2 girls twins. One boy. 2 seperate orders paying about 1500 in support for the 3.

I'm paying about $1500 in child support for 3 kids, 2 seperate orders in Colorado. And having trouble making full payments every month due to my pay every week/month fluxuaits. I found out I have another kid. With what I make I can't realistically afford to support 4 kids financially and... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2017

If the mother of the fourth child files for support you will get at least some sort of a break in that the orders from the other two cases should be factored in. If a situation arises in which there is a basis to modify the prior to orders, you may be able to get credit for other kids in those... View More

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I want to go back to college and finish my degree. Will my child support payments decrease?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 24, 2017

If you are the primary caregiver, your support will definitely not decrease. If you have joint or you are not the primary caregiver your support may decrease. The are a lot of potential factors, but the biggest is how much support you are currently paying. The courts will not reduce support payment... View More

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I have a support order from Colorado and it states that I have to pay child support until they are 19. They live in

Arizona now. I was told that the state they live in take president over the child support age. Which is 18? Is that true?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 24, 2017

Repeat question. See prior answer

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