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Colorado Child Support Questions & Answers
2 Answers | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: What are my options

What can I do?

My husband is in the UAE. We have a house in Florida. Me and our 2 kids have been living in Colorado for almost 2 years. He refuses to pay child support and our kids and I have gone through a major life style adjustment. He said in an email that if agree to his terms, which... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 18, 2017

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

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2 Answers | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I have full custody of my daughter. The father has not seen her for 3 years I have a protection order against him.

If I want to move out of state what do I have to do. I want to change my child's last name to only mine since he has a huge criminal background and my child only knows my last name and has lived with me her whole life 5 years. I do not want my child embarrassed or harrased due to the... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 8, 2017

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...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: What are my rights as primary caregiver of 2 infants during an impending "divorce" (common-law-marriage) from the dad?

The father has been in school & working P/T (he just graduated, so working more hours now) while I've been a stay-at-home mom for our boys, ages 6 mos & 32 mos.

Both names are on the lease for our condo, although he "moves out" for long periods at a time, then just... View More

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

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...
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1 Answer | Asked in Family Law, Child Support and Legal Malpractice for Colorado on
Q: How can I get them to reverse the order for child support when I've proven n court that I have and always have had my ki

And we r married

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 2, 2017

I am not sure what you are asking... If you have a ruling that you disagree with you can appeal.

If you resubmit this question with a little more background information, a better answer can be provided.

1 Answer | Asked in Child Support for Colorado on
Q: Can my ex husband collect support from me, if he owes me over $9,000 in arrears?

Hi, I have a 17 year old son that lives with my ex husband (only as of the last 8 months), and he is now trying to collect child support from me. The thing is, he owes me over $9,000 in child support arrears. Can my ex husband collect support from me, if he owes me?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 8, 2016

The support payments would only be transferred to the other parent if the custody modification was approved of by a court. If this has not occurred, a recalculation of support would also need to occur. That is, the support obligations can (and usually are) different between the parents because the... View More

1 Answer | Asked in Child Support for Colorado on
Q: I pay $240/month in child support in colorado. My ex wife only relieves $191. Where does the rest go?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2016

An attorney will need more information to properly answer your question. Based on what you are indicating, I would guess that your ex-wife is receiving some sort of public assistance and that the state is taking part of the $240 out to account for or compensate it for something tied into that. I... View More

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Can custodial parent cancel disabled child's ssi income to come after more child support in Colorado?

Custodial parent threatened saying if non custodial parent doesn't sell his home and move away she is cancelling ssi and modifying child support. There are emails with her stating this. Will the judge be OK with that?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 7, 2016

The custodial parent likely can terminate the SSI, but the voluntary termination would be counted against the custodial parent in the computation for child support. If the termination was the sole reason for the modification request, I think you already know how a judge would respond to this wholly... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Colorado on
Q: Does my ex husband have rights to my daughter after disappearing for 5 years?

We got 50/50 custody after our divorce he never made an attempt til now to want to see our now 9 year old daughter. We live in the same city in colorado and yet made no attempts. Can that be considered abandament? He also has never paid any child support

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 6, 2016

Child support and visitation (parenting time) are unrelated issues in Colorado. As a general rule, lack of contact for a long period of time should not impact whether he should have contact with the child. That said, you can seek a modification of the joint custody in favor of primary (be aware... View More

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1 Answer | Asked in Child Support for Colorado on
Q: If you went to court for a divorce and your ex spouse willingly declined child support can she reapply in Colorado

She is wanting to change our parenting agreement we have 50 50 now and I always have given her some money as well as paid for items my daughter needed when she felt the need to tell me usually only when she wanted to fight

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 1, 2016

Child support, unlike alimony, is not waived by not requesting in on the first petition. You ex can petition for a modification of the parenting plan and support payments. However, a petition does not necessarily mean that a judge will decide in your ex's favor. You may want to contact a... View More

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Our divorce was final in Nov. 2014, my x husband left Colorado without notice in Nov. 2015, did not pay child support

for 6 months, state of Colorado retrieved it, he has not paid the last 6 months either. Can I get full custody of the children, as I have them totally and he hasn't participated in any visits, child support is behind, he doesn't call the children.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 30, 2016

Custody is expressly unrelated to visitation in Colorado.

You can pursue collections against your ex (which it appears you did). Failure to pay with state collections will result in sever penalties (i.e. loss of all bank accounts, tax refunds, and most state licensing).

You can...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If a child has been living noncustodial parent 25 days with little to no contact from custodial parent what are my right

My daughter moved in with me 25 days ago and my ex-wife has not had a problem with it. She she hasn't kept in contact frequently we talk maybe 3 times I would like to know if I am not consider the custodial parent or what my rights are being I'm obligated to pay child support but now my... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 28, 2016

If you have assume a greater role in your child's life on a permanent basis, a custody modification is required. You may want to consider contacting a family law attorney. A simple, non-contested modification can also be done pro se (w/o an attorney) in some situations, but for contested... View More

1 Answer | Asked in Child Support for Colorado on
Q: I am wondering when my wife and I divorced in Colorado she told the court she did not want it in our decree can she r

The judge told her she could not reapply for child support is this true

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2016

Unfortunately, that is not true. If circumstances have changed financially since the decree entered, should could potentially seek to modify/establish child support pursuant to CRS 14-10-122.

1 Answer | Asked in Child Support for Colorado on
Q: Is there such a thing as getting child support forgiven in a 12 year old case? If so what is the process?

Bio father cannot pay child support never has paid. He can't hold a job. He is Bi-Polar. He doesn't have a drivers license and can't get one. He has been jailed 6 times and done time for non payment and driving under suspended license. Child adopted 12 years ago. This just keeps... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2016

There is a 20 year statute of limitations. If the child was adopted 12 years ago, then there should be no continuing duty of support, starting 12 years ago. I have to presume that we are talking about back child support from over 12 years ago. Under Colorado law, there is a 20 year statute of... View More

1 Answer | Asked in Child Support for Colorado on
Q: I am trying to get a rough idea on child support for Colorado. Here are the details:

We have 2 boys together 11 and 13. We share custody 50-50. He has 2 more biological children with his current wife (3 years old and 1 year old).

His gross monthly income is: $28667

His total monthly family medical cost are: $500

My gross monthly income is: $4400... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 9, 2016

This is a question that should be discussed under attorney-client privilege and not be publically available. Justia is for general legal questions. Here is a link to the software that attorneys (an the public) use for maintenance calculations.... View More

1 Answer | Asked in Child Support for Colorado on
Q: If an infant was adopted, how long does Colorado pay the adoptive parents support on a monthly basis and why?

Infants non married parents lost rights in court. Family member adopted infant. Family getting support from state for over 12 years. Is just real father responsible for paying support not mother?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 5, 2016

Colorado, like all states, provides support for foster and adopted children that would otherwise have to be supported by the State of Colorado. This support is between the adoptive/foster parents and the state/CPS. CPS can collect payments from parents with terminated rights under certain... View More

1 Answer | Asked in Child Support for Colorado on
Q: If bio parents lost rights, baby adopted by family, how many years does bio father have to pay child support?

The adoptive parents are getting payments from the state. The bio father is still getting charged monthly for child support. This has been going on for 12 years. Why would this be continuing for such a long time if the baby was adopted?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 5, 2016

Usually continued financial obligation end with the termination of parental rights. There is a large exception for unpaid support PRIOR to the termination date. In other words, financial obligations can continue after termination if there were unpaid balances (this will end when the deficiency is... View More

1 Answer | Asked in Child Support for Colorado on
Q: can i move up a court date if ive been having a case open for over a year? its a child support case

weve had numerous cases that never seen a judge claiming that she hasnt been served. today i got papers on a case & said it was a legal service on the other party. the last case we thought we had the child support payments stopped through the army & we didnt put it back on trying to figure... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 29, 2016

Moving a pre-scheduled court hearing earlier is theoretically possible if both the opposing party agrees and the court is not booked (very, very unlikely). If you do not have a firm date for a hearing, then you can file a motion for say a "temporary order hearing" or "permanent order... View More

1 Answer | Asked in Child Support for Colorado on
Q: do i have to pay child support if i am disabled and have two other children,and the only income get is from my husband

my exhusband and i have been divorced for 11 years plus he has custody of our two kids we both are remarried and i have two new kids i am disabled and can not work get some income from my new husband disabilty and we use that to care for my two new kids i am not allowed to see the kids from my... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 14, 2016

It seems odd that you have to pay support if you do not have any parental rights. Maybe try visiting your local courthouse's self-help section. Your local bar may have pro bono services available (a lawyer will be able to explain what is happening).

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Should I pay any child support for a non-biological child born by my wife in her previous relationship?

My wife has a child born in her previous marriage. I am NOT a biological father of the child. I have not ever legally applied for any kind of adoption in regard of the child in question. Should I pay child support in case of divorce?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 11, 2016

Colorado, like all states, does not necessarily require that the child be biological or legally adopted for child support to apply. There is a general provision that if a non-biological parent assumes the role of a parent for several years (whether or not he knew of the child's biological... View More

1 Answer | Asked in Child Support for Colorado on
Q: I currently pay child support for my daughter who is 17YrsOld.Will support fall to $0 automatically when she emancipates

The support order was filed in Colorado so 19 yrs would be the age of emancipation but I was wondering if I needed to petition the courts once she's of age or is it an automatic thing?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 3, 2016

A petition must be filed. This is usually required by the parent that is receiving the child support, but either parent can file. The courts will not automatically stop payments. The petition is easy to file and can be done without a lawyer. Your local courthouse will have information on this. This... View More

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