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Colorado Child Support Questions & Answers
1 Answer | Asked in Child Support for Colorado on
Q: my son's dad wont agree to the child support calculator based upon his income wages will the judge tell him different?

we recently had mediation and we set a parenting plan he agreed to everything but when it came down to the child support I wanted it to go by the calculator based on his income wages and he didn't agree my son lives with me full time he would only have him weekends up until now with this new... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 31, 2018

The court will probably follow the child support guidelines, unless there is a very good reason to deviate from them. You should retain an attorney to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I recieved a JDF 1415, is this not a child support change?
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 6, 2018

JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

1 Answer | Asked in Child Support for Colorado on
Q: If a woman and her mother have legal custody of a child, can just the mother go after the father for child support

can they make you pay CS without proof you are the dad

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 5, 2018

I'm not sure about the mother pursuing cs. However, you do have the ability to contest paternity in a cs matter, unless it has already been determined-like in a divorce.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Colorado on
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.

Willing to compensate above norm rate for 11th hour notice.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 3, 2018

I may be available depending on location and type of case. You can call me to discuss it.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

See me? And does he still need to pay support?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 28, 2018

Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

2 Answers | Asked in Child Support and Tax Law for Colorado on
Q: I have a signed 8332 and divorce decree grants me to claim child on taxes. Can I still claim if I have arrears balance?

The 8332 is for all years and states the same in our divorce decree. I am in arrears from 2016 and 2017 that just got a judgement on it. I understand they will take my return, but can I still claim my child?

Chad Silver
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answered on Nov 17, 2018

The new Tax Code changes as a result of the Jobs Act removed your ability to claim a child as a dependent. You may still be eligible for child care tax credits. This is the first year for the new changes and you may be surprised (happy or mad) about the results.

Best,

Chad...
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1 Answer | Asked in Child Support for Colorado on
Q: What’s my interest on 42grand child support unpaid over 7 years. 12% interest per year compounding monthly $500 cs order

Also what would I have to pay per month on arrears so my principal debt will reduce whist the interest still accrues

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 29, 2018

In order to figure this out, you need to run a calculation with a program that will provide these numbers. Most divorce attorneys will have access to that program and can come up with the answers. It does take some work to do that.

1 Answer | Asked in Child Support for Colorado on
Q: How do I see my child support order and arrearages owed? How do I go about paying those if been 6 yrs

I’ve had licenses, addresses, jobs and filed taxes but haven’t had any wages garnished or taxes withheld or warrant for arrest. Xwife says I do have an active child support order, but is hard to believe. 5-6 years have passed since the divorce papers were filed. My parents had my kids for 18... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 24, 2018

You can check with the court to see if there is a case. Maybe your ex can provide some detail re which court supposedly issued the order.

1 Answer | Asked in Child Support for Colorado on
Q: In Co, was divorced w/2 kids. Was not served child support order/ court summons so I missed court . 5 yrs pass, help!

I missed the divorce court hearing and I’m assuming child support would be determined there. I was never served properly or at all to my knowledge. X wife had contact with me but never notified of such. I did sign divorce paperwork with her. 5-6 years have now passed and I’ve had no notice, no... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 24, 2018

We need to start by reviewing the court file to see if an order entered. You may have agreed to child support in the papers you signed. Those papers may substitute for service on you. Once we know that we can figure out how to proceed from there. It would help if your ex was agreeable.

1 Answer | Asked in Child Support for Colorado on
Q: 18 year old in high school has chosen to live solely with me. No standing child support in place. Can it be started now?
John Hyland Barrett III
John Hyland Barrett III
answered on Oct 15, 2018

Yes, parents have support obligations for their children until age 19 or graduation from high school, whichever last occurs (but not past 21). An attorney can help you with this.

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention

Pursuant 14-10-107.5 and 26-13-106 c.r.s

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 2, 2018

It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.

2 Answers | Asked in Child Support for Colorado on
Q: Is an estate a good set up for providing future child support payments upon death

He was diagnosed with cancer. He pays child support now. He won't designate the 100k come be disbursed through the trust he's setting up. He wants to designate it come from his estate. I think he's trying to pull a scam.

Ashley Dean Powell
Ashley Dean Powell
answered on Oct 2, 2018

Each of us has a significant amount of flexibility in preparing our estate plan (whether by will, trust, or otherwise) however we wish. The most notable exception is that Colorado protects current spouses from being completely left out. It is unlikely that he can prepare a trust in Colorado that... View More

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1 Answer | Asked in Child Support for Colorado on
Q: If your child lives with me and his mother full time are you still required to continue to pay support
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 6, 2018

Generally yes. The child support is determined by each parent's income and the number of overnights each parent has the child.

1 Answer | Asked in Child Support for Colorado on
Q: what is the colorado law about not working when baby is under 36 months old
John Hyland Barrett III
John Hyland Barrett III
answered on Sep 4, 2018

For child support calculation purposes, income will not be imputed for a custodial parent whose child is under 30 months of age.

1 Answer | Asked in Child Support for Colorado on
Q: can i get child support 7 years after a divorce even though i didn't enforce it?
John Hyland Barrett III
John Hyland Barrett III
answered on Aug 29, 2018

Yes, child support is for the benefit of the children. You can still enforce it now. You should retain an attorney to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: My sons are 22 and 20. Do I need to file a motion to officially stop child support payments or can I just stop paying?

Both of my sons are in college and I am paying for at least 1/2 of their college expenses. I have also continued to send child support checks to my ex wife up to now. Can I just stop paying without having to worry about anything legally speaking, or do I need to file a motion to officially being... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 27, 2018

Unless your orders provide for college expenses, you can just stop paying. Child support ends at age 19 in Colorado.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: No established custody, what are the possibilities?

My daughter is 10 years old. Her father and I have never been married. His name is not on the birth certificate. There has never been any custody established. I moved out of state 2 years ago. If I file for child support and a court order is granted, will my daughter's father have a say in... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 11, 2018

Missouri has jurisdiction over custody issues since the child has been there for at least the last 6 months. It is unlikely the court would order the child to return to Colorado. However, the father may get some visitation rights. The court could order some back support depending on the facts. You... View More

1 Answer | Asked in Child Support for Colorado on
Q: can you establish child support payments five years after a split?

No court orders in place. We share time, but he makes much more money than me. He does pay for her insurance and soccer

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 9, 2018

Yes, you can file for child support at this time. You should retain an attorney to help you with this to make sure you get what you need.

1 Answer | Asked in Child Support for Colorado on
Q: Should I contest a motion to terminate child support?

My 18 yr old daughter moved in with her dad and gave me a two day notice. I expected to receive child support until she is 19. I had no time to get a second job or roommate. She is going to college next month. He has filed a motion to terminate support immediately. When we originally divorced, I... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 2, 2018

You have 21 days from the date he filed the motion in which to file a response. The court should not do anything until then. You may be able to pursue collection of the other items you mention if he was supposed to pay part of them. That depends on what your court decree says about that.

1 Answer | Asked in Child Support for Colorado on
Q: Can I still get child support after 30 years if it’s in the divorce decree?

He is on disability now.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 18, 2018

You may be able to collect part of it. Generally, there is a 20-year limit. There are also limits on garnishing disability payments. You should retain an attorney to advise you.

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