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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support for Colorado on
Q: I have a current child support order in Oregon. My ex is asking for a support order review. What happens?

What happens if I do not fill out information papers? She has over $20,000 in back payments and continuely hides from the state. I continue to provide the state with my up to date info and submitted paperwork to prove insurance coverage for the kids already this year. If they choose to adjust her... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 19, 2020

This depends on Oregon law. However, in Colorado, a modification would not affect the back payments due. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Hearing is in 6 days and my ex just now got a lawyer. We already had our pre hearing in April. Is that allowed?

We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... View More

Sabra M. Janko
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answered on May 7, 2020

A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA... View More

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1 Answer | Asked in Child Support for Colorado on
Q: I have a child turning 19 on 6/22/2020. When should I file the motion to remove her from child support order? Arap. cty.
Sabra M. Janko
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answered on May 5, 2020

You can file when she turns 19 which you will need to do if there are other children on the order as well.

1 Answer | Asked in Child Support for Colorado on
Q: I’m 49. Father ordered child support when I was 4. Never paid. Is it too late to sue for back support?
Sabra M. Janko
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answered on Apr 23, 2020

There is a doctrine called laches on Colorado that may prevent interest on support after so many years. The person who would have standing to bring a child support claim would be the parent to whom the support should have been paid rather than the child.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What do i do with my soon to be Ex husband refusing to give me my portion of the covid-19 stimulus money?

Our final divorce hearing is scheduled for 06/12.It's a high conflict divorce with a spouse who will not cooperate in anything.The funds were deposited into his account and he said he will not release them until the judge makes the divorce decision. With this corona situation my job shut down... View More

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

I think this should be resolved at your hearing. It is unlikely that the court will address this before then. Most courts are hearing only emergency matters-this would not qualify. You should get a lawyer if you don't have one already.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My child is severely allergic to cats n dogs and has bad asthma. She lives with my exwife in an 1 bedroom

My daughter has really bad asthma and they are always going to the dr. Can I call child protective services

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

I doubt CPS will view this as serious enough to intervene. You may want to pursue something in the divorce court requesting a change in the parenting time arrangement. You should get a lawyer for this.

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1 Answer | Asked in Child Support for Colorado on
Q: In 1999 My x wrote the court stating I was 4 months behind in child support. Morgan County colorado SS went back to 1995

original divorce signed by both attorneys and judge. I payed more than ordered from 95-98 but according to their figures I was 3500.00 behind the day all parties signed off i owed approx 5000 for the 4 months but got stuck 117,000 plus interest now my Social security is garnished how can they do... View More

Sabra M. Janko
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answered on Apr 9, 2020

I am sorry to hear about your situation. It is not clear what happened. If you dispute the debt you could discuss with the family support registry if you paid through that. Social security should not be garnished for debts.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: im unemployed and on child support with my oldest of 9 years old that wasn't around and got deducted taxes

They took half of the refund when I didn't owed them that much the receipt on page said they refund me so much when it didn't happen I wonder why I have 4 other little ones living with me and know they are taking my unemployment aS Well

Sabra M. Janko
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answered on Apr 9, 2020

I am sorry to hear about your situation. It looks like your tax return was garnished due to some debt owed to the government. You would have to find out what the garnishment is for and if you do not agree with the amount, take that up with the government agency involved.

1 Answer | Asked in Child Support for Colorado on
Q: How do. Find out how much child support I owe
Sabra M. Janko
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answered on Apr 9, 2020

It depends on how you pay - weather through the family support registry or not. The registry can let you know what you owe. If you pay directly, you can calculate the amount to be paid as specified in the last court order and subtract what you have paid. The obligee can ask for compounded interest... View More

2 Answers | Asked in Child Support and Divorce for Colorado on
Q: Can a dad modify alimony and child/sup on his own terms bc of own temporary salary reduction when other parent jobles
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 24, 2020

No. Only the court can modify court-ordered child support/alimony. A party wanting a modification has to file a motion to modify with the court.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Received bonus before divorce was final and was marital property. Can that be used as basis for child support re-eval?

My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last... View More

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

The court should use your current income. Sometimes, your prior years' income is considered a good indicator of your current income. You should run the child support calculations to see if it really makes much difference. Your contribution to your son's expenses will only matter if he is... View More

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: If I was sent chid support papers to file from CSS through CPS do I have to file through them or can I file by myself

Granted full custody of daughter and CPS cased closed recently. I recieved papers to file for cild support through CSS this week with a deadline to return them. Do I have to file these papers for child support through them with my payments coming from CPS, which my ex is still involved with or can... View More

Sabra M. Janko
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answered on Feb 25, 2020

It depends on what the paperwork says and whether there is any court order associated with the support. An attorney would have to review your paperwork and any court orders to advise you on your options.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Can my ex wife take me to court in an attempt to force me to give her half of my tax return?

It wasn’t stated in the divorce decree nor the child support hearing

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 11, 2020

This will depend on what is provided by the divorce decree. It may also depend on what year the refund is for and whether that was disclosed in your financial disclosures. You should consult with an attorney to review this and advise you how best to proceed.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If my ex agreed to let my child go on a family trip and now at the last minute said no

Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 6, 2020

This depends on whether you have a court-ordered/approved parenting plan. If so, you should comply with its terms. If there are no court orders on the matter, either parent is entitled to time with the child in state. If there is no agreement, you should probably not do it. It is hard to predict... View More

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1 Answer | Asked in Child Support and Divorce for Colorado on
Q: Good morning. I was divorced from my ex-wife in 2005 in the state of Georgia. We both currently live in Colorado.

Do we follow Georgia laws or Colorado's law on child support issues? Thank you.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 6, 2020

You should follow the current decree from Georgia. If you want to modify it, you may want to file in Colorado, especially if contested. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: i sent a modification to the courts because my child is 19 and not in school, mother got wind and is fighting it

mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 23, 2020

Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... View More

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Is a notarized parent plan considered legal in colorado?

I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... View More

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

Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Do i have to have a court ordered custody plan to file for child support?

I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 21, 2020

YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

1 Answer | Asked in Child Support for Colorado on
Q: How fast can I get child support?

My husband and I separated in may we have two kids I'm disabled and have no income.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2019

It will take some time after you file for divorce. There is an initial status conference that is scheduled within 45 days. The court can then schedule a temporary orders hearing for child support. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: I am an adult seeking owed child support from my father who was court ordered to pay it. What are my options
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 17, 2019

The best person to pursue a claim for unpaid support is your mother. I am not sure that you have the right to do so. Your mother should get a lawyer to help her with this.

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