You can explore this approach with an AZ lawyer. Be aware that court orders when transferred usually carry with them the existing laws from the original jurisdiction (meaning the support until 19 likely continues even if in AZ it ends at 18). I do not know why you would be contacting CPS. You can... View More

I cannot give advise regarding this as it would be dependent upon the laws in the state of Colorado. I suggest you consult with an attorney who practices es family law in that state.

Support is calculated by statute. If you look at the child support JDF 1822 form on the Colorado Judiciary webpage you can do your own calculation. The calculation is primarily based on the ability of one or both of the parents to pay support and the number of children. Additional financial needs... View More

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answered on Feb 21, 2017

You do not have to pay for college. Your only obligation would be to continue to pay for child support until she turns 19. If your ex-wife files a motion to modify child support based on changed income or parenting time, then you would have to deal with that, but nothing more. Statute actually... View More

Follow the date listed on letter the you received from the court. This should mean 2/17/17. The best advice is to pay the amount as soon as you are able. If you have to wait until the end of the month, one late payment is not catastrophic, but do not make a habit of paying late.

First try contacting your ex about the overpayment. If your ex refuses, you will need to seek a court order to either credit the overpayment for future payments to receive a refund.

Yes and no. You are required to maintain a minimum amount of contact as a condition of all court filings (all court motions require notification via VOICE prior to filing). However, you are not required to negotiate with the lawyer beyond mandatory mediation.

Some, less than professional,... View More

The issue of claiming a dependent is defined by federal tax law and not state family law directly. This causes a lot of confusion. One area that is clear is that your deadbeat dad status is NOT a factor in claiming a dependent. However, the court order granting you the right to claim a dependent is... View More

It depends on the nature of the case. If your parental responsibility also includes significant periods of the year in which you provide support to the minor and the minor resides at your residence, there is a realistic possibility for support. Situations can be harder to define if either or both... View More

If you have been deemed to be the father (even if not biological) by a court, you cannot post-judgment repudiate your parental status. Generally speaking you cannot collect previously paid funds from the real biological father. There are some exceptions, but all require that the non-biological... View More

You can have a private agreements, but without a court order there is no means of enforcement. That said, if you both agree on all terms you can file for divorce/legal separation in a non-contested manner (this means significantly lower costs and usually no court appearances).

I assume... View More

I know it may seem like the last thing that you should be doing, but you really should contact another lawyer. I am not aware of a specific rule for this type of situation, so here are the two basic arguments. For the lawyer, assuming that you agreed to the lawyer's engagement letter, you have... View More

It really depends on the nature of the custody agreement. If the mother is allowed some parenting time then, she has a right to see you. If she has not parenting time (visitation) either by loss of parental rights or sole custody being awarded to your father, then the answer gets complicated.... View More

You have some choices, but you do not have the option to stop paying support to the state account until you are relieved of the obligation by a court order. Since the state is collecting the money, they will know instantly that you are behind in payments and even if the money is never touched by... View More

Unfortunately, while your son is 16, it is not entirely up to him. The Colorado statute on point allows the court to consider his wishes if he is sufficiently mature enough to express an opinion about the parent he wants to live with, but the statute does not state an exact age for a child to be... View More

DV against a spouse charges are not considered in custody determination beyond the following situations:

(1) restraining orders (PO) may require the use of neutral 3rd party locations for child exchanges;

(2) the DV is related to one or all the children (or there is alleged sexual... View More

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answered on Jan 19, 2017

In a general sense you do not have to take the child support. However, as most courts feel it is their duty to go by the guidelines, absent a good reason, you will need to come up with a good reason to convince the court to deviate from those guidelines. More information would be helpful to full... View More

Family law is exclusively state law. There is limited international enforcement of custody, kidnapping, and other matters, but these are very rarely utilized. You can seek a court order in Colorado which can establish support if you ex ever re-enters the US or is a US citizen/resident. However, if... View More

There are several issues here, so I will discuss them individually.

(1) Leaving the state. All state require that you receive court approval to leave the state (or county) on a permanent basis with the child. While this may result in delays, the Colorado Supreme Court has made it very clear... View More

There are many issues here, so I will break these up into sections.

(1) Common law marriage. Colorado does recognize common law marriage, but this a judicial determination. This means that before a divorce (i.e. property division) can occur, the existence of a marriage must be shown. There... View More