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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support for Colorado on
Q: Can child support be amended by looking at the income of previous years?

I got divorced 4 years ago and was told to pay $108 a month child support, that's on top of me paying about $250 for health insurance. My ex-wife spoke to me before the hearing and told me that she forgot to include income to her child support worksheet but not to worry about it because she... View More

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

You can raise the issue if a claim for back support is filed. The courts will not review the matter unless you raise it. Knowingly omitting income is a big deal in Colorado. It may or may not impact the child support payments, but the court sanctions for an intentional omission can result in hefty... View More

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Can these lawyers here defend someone who's ex wants jail time for medical bills we cannot afford fly to Co in short tim

He was never given her financial records proving she has paid on them but yet wants him to pay on the bills we have no idea if she has. We were given 3 weeks to be in Colorado and can't afford rent and a airline ticket. She never let us know what to pay and we asked her repeatedly to put the... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2016

More information is needed to answer this question. If there are orders to pay bills and the bills were not paid, she has the right to seek relief from the court. If she never provided the bills and was required to do so before seeking payment, then he has a defense for not paying. You might... View More

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Is this deal possible?

I'm 18 and my dad hasn't payed child support in 15 years. He owes a lot of money but he has 3 other kids and doesn't pay for them either, he's been in prison quite a bit also.

I offered to stop the child support payments for myself if he paid for two medical things that... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 21, 2016

There is a difference between the technical rules and the unofficial rules. Technically, you (or more accurately your mother) is due the full amount PLUS interest PLUS penalties. Non-payment for 15 years+ will allow wage garnishment, garnishment of tax refunds, the freezing of ALL of his bank... View More

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2 Answers | Asked in Child Custody, Child Support and Criminal Law for Colorado on
Q: In colorado, if a 16 year old and 18 year old have sex (consensual) is it legal? What if the 16 year old gets pregnant?

Just from curiosity, if a 16 year old female and an 18 year old male have consensual sex, it is legal? What if the girl gets pregnant? And last part, what if the parents dont agree to this but the minor gave full consent?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 21, 2016

For a 16 year old, statutory rape requires that the other party be at least 10 years older. I cannot comment about the minor giving consent. Pregnancy is not an issue for rape, but a child can impact child support/custody. In other words, statutory rape should not apply, but the minor can always... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: can I get back child support after the child support enforcement has already made a child support order?

I was to;d that after the father was on the birth cirtificae I can not ask for back child support even though he was not on there til 6 months after he was born.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 26, 2016

Review your court order. Back child support is not usually granted automatically with a support order (unless requested). That said, you can go back to court and seek an modification to include back support. If you already have a valid (court approved) support order, seeking back support is a... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: im in colorado and my daughter is in texas with her dad. We never married and has had her 4 months and wont let me see

her, she is 6 its been 2 1/2 months since ive seen her. where is my first legal step and what else would help get her back

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 22, 2016

You should have some visitation rights with the child. You likely will need to file in Texas since Colorado likely will not have jurisdiction (power) over the child or father. If the child has lived in Colorado for at least 6 months of the past year (it does not need to be continuous), you can file... View More

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1 Answer | Asked in Child Support for Colorado on
Q: How long does an employer have to send out support checks after they are garnished

My ex husband is paying child support via a garnishment. He gets paid on the 5th and the 20th. How long after he gets paid does his employer have to send the money garnished to the family support registry, so they can send it on to me? In May they failed to send the two payments in until the... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 21, 2016

The garnishments should attach when a salary is paid. Usually, a valid garnishment is not an issue with employers since they have no interest in payment... Contact the child support office at your local courthouse for guidance. There are legal means to force payment, but these are best explored... View More

1 Answer | Asked in Child Support for Colorado on
Q: My daughter is 18 graduated from high school if she attends collage aam I obligated to pay any kind of child support
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 18, 2016

Review your custody agreement. In Colorado, it child support can continue until 19 under certain circumstances (like the child is still a full time student).

1 Answer | Asked in Child Support for Colorado on
Q: I filed a motion to modify child support from $0 to more. Can I ask for months prior to be included not just forward?

I filed for modification in December. Now I realize His income was significant nearly a year earlier. Can I ask for retroactive months previous to December? We live in Colorado

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 25, 2016

It depends. If your ex did not disclose the money, then yes you can seek retroactive support. If he did disclose the money, but you did not seek child support at the original hearing, then you may not be able to apply for retroactive support. Contact an attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Moving from 0 PT to split 50/50 PT with my two boys, however I live in a 1br apt with my fiancé. Will judge deny me?

(Note: I live 5 minutes from my ex-wife and currently keep the kids a couple nights a week even though I pay child support as if I spend zero time with them. Also, we are planning on moving to a 2 bedroom within the next 6 months)

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 19, 2016

Living conditions is generally not a factor in parenting time, unless there is a health/safety concern. As for what the judge will do, it is hard to say. There are too many unknowns to give an answer.

1 Answer | Asked in Child Support for Colorado on
Q: How do I find a sliding scale or pro bono lawyer?

My ex is a psychopath and very cunning he was extremely abusive to me and got away with it. I never kept him from seeing his daughter ever despite how he treated me. Fast forward to now I live in CO he moved to wy. I was in a car accident and didn't have a car. The judge said I didn't... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2016

Look on the internet for someone who might offer pro-bono services or call Colorado Legal Services.

1 Answer | Asked in Child Support for Colorado on
Q: Filed Motion to Compel under CRCP 16.2, waited for documents to be provided and still have not. Next step?
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2016

If court entered an order regarding your motion it would have set forth what would happen if not complied with. If court did not respond to motion you should contact court.

2 Answers | Asked in Child Support for Colorado on
Q: How do I collect past medical expenses for my daughter that is now 18 from my ex husband.

These expenses occurred before she turned 18. Our divorce decree stated that he pay for 50% of not covered medical expenses. I am still receiving past support payments. What are my options for collecting this money?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 4, 2015

You may want to contact an attorney for help, but self-help is also an option. As a general rule, expenses incurred while a child is a minor are usually shared between the parents. You have added strength to your claim because your separation agreement expressly states that your ex must pay 50%.... View More

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