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Colorado Child Support Questions & Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Can I take away my ex's rights and have my husband adopt my daughter

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can... Read more »

Courtney Edwards answered on Jan 17, 2019

Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it... Read more »

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1 Answer | Asked in Child Support for Colorado on

Q: Can unpaid health insurance reimbursement in support order, be included in Verified Entry of Support Judgment in CO?

Or can I only include unpaid Child Support? Support order states monthly support amount AND reimbursement of health insurance premium

John Hyland Barrett III answered on Dec 31, 2018

You may be able to do it IF the order states the amount of health insurance reimbursement. Otherwise, you can file a motion for entry of judgment. He can respond and the court may set a hearing. you should retain an attorney for this.

1 Answer | Asked in Child Support for Colorado on

Q: my son's dad wont agree to the child support calculator based upon his income wages will the judge tell him different?

we recently had mediation and we set a parenting plan he agreed to everything but when it came down to the child support I wanted it to go by the calculator based on his income wages and he didn't agree my son lives with me full time he would only have him weekends up until now with this new... Read more »

John Hyland Barrett III answered on Dec 31, 2018

The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: I recieved a JDF 1415, is this not a child support change?

John Hyland Barrett III answered on Dec 6, 2018

JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

1 Answer | Asked in Child Support for Colorado on

Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support

can they make you pay CS without proof you are the dad

John Hyland Barrett III answered on Dec 5, 2018

I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on

Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

Willing to compensate above norm rate for 11th hour notice.

John Hyland Barrett III answered on Dec 3, 2018

I may be available depending on location and type of case. You can call me to discuss it.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

See me? And does he still need to pay support?

John Hyland Barrett III answered on Nov 28, 2018

Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

2 Answers | Asked in Child Support and Tax Law for Colorado on

Q: I have a signed 8332 and divorce decree grants me to claim child on taxes. Can I still claim if I have arrears balance?

The 8332 is for all years and states the same in our divorce decree. I am in arrears from 2016 and 2017 that just got a judgement on it. I understand they will take my return, but can I still claim my child?

D. Mathew Blackburn answered on Nov 16, 2018

If the arrearages are for child support, no you can't claim the child. If it's for taxes then yes, but they'll apply any refund against the arrearages.

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1 Answer | Asked in Child Support for Colorado on

Q: What’s my interest on 42grand child support unpaid over 7 years. 12% interest per year compounding monthly $500 cs order

Also what would I have to pay per month on arrears so my principal debt will reduce whist the interest still accrues

John Hyland Barrett III answered on Oct 29, 2018

In order to figure this out, you need to run a calculation with a program that will provide these numbers. Most divorce attorneys will have access to that program and can come up with the answers. It does take some work to do that.

1 Answer | Asked in Child Support for Colorado on

Q: How do I see my child support order and arrearages owed? How do I go about paying those if been 6 yrs

I’ve had licenses, addresses, jobs and filed taxes but haven’t had any wages garnished or taxes withheld or warrant for arrest. Xwife says I do have an active child support order, but is hard to believe. 5-6 years have passed since the divorce papers were filed. My parents had my kids for 18... Read more »

John Hyland Barrett III answered on Oct 24, 2018

You can check with the court to see if there is a case. Maybe your ex can provide some detail re which court supposedly issued the order.

1 Answer | Asked in Child Support for Colorado on

Q: In Co, was divorced w/2 kids. Was not served child support order/ court summons so I missed court . 5 yrs pass, help!

I missed the divorce court hearing and I’m assuming child support would be determined there. I was never served properly or at all to my knowledge. X wife had contact with me but never notified of such. I did sign divorce paperwork with her. 5-6 years have now passed and I’ve had no notice, no... Read more »

John Hyland Barrett III answered on Oct 24, 2018

We need to start by reviewing the court file to see if an order entered. You may have agreed to child support in the papers you signed. Those papers may substitute for service on you. Once we know that we can figure out how to proceed from there. It would help if your ex was agreeable.

1 Answer | Asked in Child Support for Colorado on

Q: 18 year old in high school has chosen to live solely with me. No standing child support in place. Can it be started now?

John Hyland Barrett III answered on Oct 15, 2018

Yes, parents have support obligations for their children until age 19 or graduation from high school, whichever last occurs (but not past 21). An attorney can help you with this.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on

Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention

Pursuant 14-10-107.5 and 26-13-106 c.r.s

John Hyland Barrett III answered on Oct 2, 2018

It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.

2 Answers | Asked in Child Support for Colorado on

Q: Is an estate a good set up for providing future child support payments upon death

He was diagnosed with cancer. He pays child support now. He won't designate the 100k come be disbursed through the trust he's setting up. He wants to designate it come from his estate. I think he's trying to pull a scam.

Ashley Dean Powell answered on Oct 2, 2018

Each of us has a significant amount of flexibility in preparing our estate plan (whether by will, trust, or otherwise) however we wish. The most notable exception is that Colorado protects current spouses from being completely left out. It is unlikely that he can prepare a trust in Colorado that... Read more »

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1 Answer | Asked in Child Support for Colorado on

Q: If your child lives with me and his mother full time are you still required to continue to pay support

John Hyland Barrett III answered on Sep 6, 2018

Generally yes. The child support is determined by each parent's income and the number of overnights each parent has the child.

1 Answer | Asked in Child Support for Colorado on

Q: what is the colorado law about not working when baby is under 36 months old

John Hyland Barrett III answered on Sep 4, 2018

For child support calculation purposes, income will not be imputed for a custodial parent whose child is under 30 months of age.

1 Answer | Asked in Child Support for Colorado on

Q: can i get child support 7 years after a divorce even though i didn't enforce it?

John Hyland Barrett III answered on Aug 29, 2018

Yes, child support is for the benefit of the children. You can still enforce it now. You should retain an attorney to help you with this.

1 Answer | Asked in Child Support for Colorado on

Q: My sons are 22 and 20. Do I need to file a motion to officially stop child support payments or can I just stop paying?

Both of my sons are in college and I am paying for at least 1/2 of their college expenses. I have also continued to send child support checks to my ex wife up to now. Can I just stop paying without having to worry about anything legally speaking, or do I need to file a motion to officially being... Read more »

John Hyland Barrett III answered on Aug 27, 2018

Unless your orders provide for college expenses, you can just stop paying. Child support ends at age 19 in Colorado.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: No established custody, what are the possibilities?

My daughter is 10 years old. Her father and I have never been married. His name is not on the birth certificate. There has never been any custody established. I moved out of state 2 years ago. If I file for child support and a court order is granted, will my daughter's father have a say in whether... Read more »

John Hyland Barrett III answered on Jul 11, 2018

Missouri has jurisdiction over custody issues since the child has been there for at least the last 6 months. It is unlikely the court would order the child to return to Colorado. However, the father may get some visitation rights. The court could order some back support depending on the facts. You... Read more »

1 Answer | Asked in Child Support for Colorado on

Q: can you establish child support payments five years after a split?

No court orders in place. We share time, but he makes much more money than me. He does pay for her insurance and soccer

John Hyland Barrett III answered on Jul 9, 2018

Yes, you can file for child support at this time. You should retain an attorney to help you with this to make sure you get what you need.

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