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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support for Colorado on
Q: Am I suppose to add my overtime hours on the child support modification worksheet?
John Hyland Barrett III
John Hyland Barrett III
answered on Nov 6, 2020

It depends. Overtime is not considered EXCEPT if required by your employer (mandatory overtime), or if so substantial that it is appropriate to consider it. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Sworn Financial Statement: Isn't the section on children's expenses limited to the children receiving the support?

My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 30, 2020

I think it is ok to list this on the SFS, just like you list your rent/mortgage. However, it should not be part of the actual child support calculation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am living in an emotionally abusive household, can I legally leave before I turn 18?

In my household I’ve been trying to do everything right and take care of myself and others. My parents are emotionally abusive, and gaslight me every time I get upset. I’m seventeen now and I have a place to go if I leave but my parents say they’ll call the police if I go through with... View More

Cindy Perusse
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Cindy Perusse
answered on Oct 28, 2020

I'm sorry to hear how you are feeling in your home. You are not "emancipated" or legally an adult in CO until you are 18 years of age. You can become emancipated before 18 if you enter the military, get married or if the court to grants you emancipation. Parents are legally... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 22, 2020

This depends on your child support order. You should have a lawyer review yours and advise you.

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1 Answer | Asked in Adoption, Child Custody and Child Support for Colorado on
Q: My daughter's father is required to pay child support and has never had a job in the 25 years of his life

His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 15, 2020

You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... View More

1 Answer | Asked in Child Support for Colorado on
Q: Child support question

Hi I live in Colorado and a year ago I found out I might have a 14-year-old son. He was being raised by his mom and his father but his mom decided to let me know that he could be mine now they are trying to get child support from me is this something I am legally responsible for?

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 14, 2020

You may be responsible if he is your biological child. The mother would have to bring a paternity case against you. Then there could be paternity testing done to determine if you are the father. If that happens, you should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my daughter gets her GED and moves in with me, do I still pay her father child support?

My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 22, 2020

Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Domestic Violence for Colorado on
Q: no custody arrangments, im now out of state my ex has child is reg. SO. what can i do to see that I get time with my son

i have no $ because it goes to child support

John Hyland Barrett III
John Hyland Barrett III
answered on Sep 16, 2020

You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: How do I file a motion based off this bill to see if I can get my daughter back. She has been in the system since 2012.

Rights we're terminated in 2015/2016 I believe. And she is still not been adopted. Given back to state 3 times. I have bettered myself got sober and regained custody of 2 other children. I don't have money for lawyer and I would like to try to file papers on my own. She is in custody of... View More

Sabra M. Janko
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answered on Aug 7, 2020

You would have to contact the Department of Human Services given that your rights have been terminated. They could initiate an action on your behalf if the determine that you have taken the steps that you need to parent effectively.

2 Answers | Asked in Child Support for Colorado on
Q: I'm so confused.... Is there a statute of limitations on back child support in Colorado? Ordered in 05, exp 12/2015
Sabra M. Janko
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answered on Aug 7, 2020

There is not. Back child support can be collected, however there may be a limitation on interest if collection action was not timely pursued.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: 2 days after my son was born my now husbamd was not ny hubby then signed a paternity acknolagement Now he's saying he

Did not apply for his parental right he only stated that he was the father, so now that we're married for 12 years now he says if we divorce he doesnpt uave to pay any thing on our son because he never applied for hos roghts he only aknolaged that he was his, he is also trying to say that... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 27, 2020

Your husband will be considered the legal father of your child because he signed an acknowledgment of paternity and took him into his house as his child. He will be responsible for child support and perhaps spousal support as well. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: Can I include GF's children who reside with me and I help support when completing the financial paperwork for support?

Question states: I am legally responsible for the following children not of this relationship who reside with me. Then asks for the birth certificates and proof of residence (Which I can provide)

Sabra M. Janko
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answered on Jul 17, 2020

Unless you are legally responsible for your girlfriend's children, which is not likely, then you would not be able to include them. This provision is generally intended for parents who have a legal responsibility to their children, but do not have a formal child support order.

1 Answer | Asked in Child Support for Colorado on
Q: I am paying child support and the other party states they are unemployed what is their financial responsibility?
Sabra M. Janko
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answered on Jul 7, 2020

You can ask to have income imputed to them for child support purposes if they are voluntarily unemployed.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Child 34, Father,I have not lived together since she was 1.abanded No divorce Does he still owe back child support

We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... View More

Sabra M. Janko
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answered on Jul 7, 2020

You are only eligible for child support from the time that you file a petition for it.

1 Answer | Asked in Child Support for Colorado on
Q: My sons fathers mother ( bio grandmother) has been seeking child support from me for two years. It’s an interstate case

Father also has interstate case I thought. The case worker told me today she had filed two years ago in Texas bc father has never been served and I’ve spent over 10k fighting this. I called Tx OAG and they told me there has never been an active case on either party.. I.e grandmother or fathers... View More

Sabra M. Janko
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answered on Jul 7, 2020

It would be important to know more details. The authoritative source would be the child support order and any judgment. That would set forth rights and obligations and any court order for compensation.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Support for Colorado on
Q: Can't find an attorney... Everyone I reach out to says "sorry, not my area of expertise". Child support property liens.

I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 2, 2020

I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... View More

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Can I dispute a custody jurisdiction change request if I still live in the state that has current jurisdiction?

My family was all living in Colorado. My ex-wife and I got a divorce in 2018 (Colorado Jurisdiction), and she moved back to Chicago, IL with our children. We have joint decision making on everything, and I am supposed to get them every 1st and 3rd weekend of the month, but I have not seen them... View More

Sabra M. Janko
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answered on Jun 1, 2020

The state where the child has lived for the last six months is the child's home state for jurisdiction.

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: Are there rights to a child as a step family?

A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... View More

Sabra M. Janko
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answered on May 28, 2020

If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: How do I go about a divorce with a child involved and a parent that doesn’t want to agree on anything?

My husband and I have been separated for 2 years now. We don’t have a custody agreement but child support was put into place before we were married. (He has never paid that so it’s come out of my taxes since we’ve been separated) so since we have separated we decided to have our son for two... View More

Sabra M. Janko
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answered on May 27, 2020

You can negotiate, mediate or ask the court to decide. You will each have the opportunity to present the parenting plan that you believe would be in the child's best interests and to present evidence to support your positions.

1 Answer | Asked in Divorce, Family Law, Child Support and Social Security for Colorado on
Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 20, 2020

This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... View More

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