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And we r married
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.
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?
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
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
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?
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
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
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
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
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
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.
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... View More
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
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
The judge told her she could not reapply for child support is this true
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.
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
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
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
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
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?
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
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?
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
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
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
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
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).
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?
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
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?
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
My children live out of state with an aunt because of drug use from the mother . I pay every week and it goes to the mother who doesn't have the kids childsupport said they couldn't do anything because there isn't an order stating the kids live else where. I am also not allowed to... View More
answered on Sep 29, 2016
You can pursue a custody/visitation modification. This would likely allow some contact with the children and may eliminate the support payment (or at least allow you to send the payments to the person who is actually caring for the children). DO NOT stop making payments until you are allowed by a... View More
he turns 18 in Dec.
answered on Sep 26, 2016
Until you are authorized by the court, you cannot stop child support payments. If the child is fully independent you may have grounds to seek a support payment modification (i.e. ending payments).
Non-custodial parent was paying $300 a month (this was voluntary there is no court ordered support) but very little of the money was going to the child; this resulted in most many of the everyday costs being paid by the non custodial parent in addition to the $300 per month. Complicating matters... View More
answered on Sep 23, 2016
Yes and no. A court order is required to formally enforce any and all terms of a custody and separation agreement. However, if the parties have reached an out-of-court agreement, the court MAY adopt the previously agreed upon terms. If the negotiation process has broken down, you may have a... View More
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