Colorado Child Support Legal Questions

Chanel, if the court order has been violated, a Contempt of Court should have been filed on your side. Child Support is normally given to the custodial parent. Please discuss your situation and concerns with a family law specialist for clarification. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

If you decide outside of court, the court will not be able to 100% enforce the agreement as it may not be recognized by the court. You will and should settle the case in court so that it becomes binding until its modified in court. This might cost you a $1,000 - $3,000 but look at the benefits it will have. It will be a court binding agreement, enforceable in all 50 states, even if you or he decides to move. You are or were agreed to get $400/month, depending on the parent income and stuff you might be able to get more or less, but you will not know until you put him on child support through the legal system. So when he defaults it, not pay, it can build up, and he will eventually have to pay up or be arrested for contempt of court and you will get the money back he does not pay that way. So investing a small amount in a lawyer you can work with to me I feel can be beneficial for you. If you have further questions, don't hesitate to contact my office. Thanks. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

Child Support is usually calculated based on all income and expense of the parent. If you would like to modify the support payment, you will require the expertise of an experienced and competent Family Law attorney that will try to get your payments lowered and or a better deal from the custody/support case. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

You can file a motion to terminate child support if the daughter has moved out, since there are no longer any overnights to calculate child support from. The mother likely does not have to pay you back, but you could try, especially if you did not know and had no way of knowing or she was not honest about it. ... Read Answer

You would first appeal to the Appeals Court (you need to act quickly, as you have limited time to do so (if it was a magistrate, you have to file a magistrate review first, then appeal). You also might be able to file a CRCP 60b motion for fraud instead. Also, you can file a motion to compel to get the proof you want and then contempt if he is not cooperating. It migth be useful for you to have an attorney - the ROI on an attorney in child support cases is often very good. I hope this helps. ... Read Answer

You can do this yourself using the child support worksheet that the state mandates (and you should get comfortable with it) (http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=94). Child support is based primarily on income and number of overnights. If you have 1 overnight per week, you'd be at apx. $608 per month. The big jump is at 93 overnights (e.g., if you had 2 overnights per week or 104 overnights per year, your child support would be $314/month). You also need to pay attendtion to how expenses are paid - you'd want pro rata by income here, not 50/50. If she makes $75k, she also might be ordered to pay your attorney fees related to the case. I hope this helps. ... Read Answer

You definitely can ask for additional child support. The presumption is that you can ask to modify child support any time there would be more than a 10% change in child support (based on changes in income, overnight, expenses, etc.). We frequently deal with self-employed people in many fields. We usually prove their income by getting documentation of the expenses and go off their expenses (that is, their income presumably is at least equal to their expenses). One thing to keep in mind is that if he is employed 40 hours at his main job, his marijuana income may not be includable. Having a lawyer might help "encourage" him to just agree to an increase. I hope this helps. ... Read Answer

If you were current on your child support when she filed for contempt, then you would not be in contempt since you were not violating a court order at the time (and you could file a motion to dismiss the contempt). As well, if you were unable to pay, that would be an inability to comply with a court order, which is also a defense to contempt. Since you are caught up on child support, if you go to court, the court likely would just tell you to stay in compliance (i.e., maybe a slap on the wrist). If she is not allowing you to have your court-ordered parenting time, then she is in contempt - you can threaten her with contempt in that case. If you proceed with contempt, the court will almost always order the other party to pay your attorney fees if you want assistance (assuming the court finds that the party was in contempt). I hope this helps. ... Read Answer

If the father files a petition for paternity, the court can allocate the cost of the testing between the parties. It is up to the party asserting paternity to take action to determine paternity (the father here). If the father establishes paternity, the court then proceeds with an allocation of parental responsibilities, in which parenting time, decision making and child support are determined. If the father wants parenting time, he likely will get some parenting time. The amount of time will depend on the age of the parties, their work schedules, etc. The father is not likely to get a lot of time at first, but will get more time as the child gets older. Decision making usually is shared. The father can be ordered not only to pay child support from birth, but he also can be ordered to share in the cost of the birth. If you have further questions, I offer a free 15 minute initial consulation. I hope this helps. ... Read Answer

The child's portion that you pay should go on the child support worksheet. The kids portion is the difference you'd pay just for yourself and for yourself plus kids. Your employer's contribution does not count. Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

Do you have a court order (i.e., a parenting plan) providing you with parenting time? If not, she does not have to let you see the child. If you do not have court-ordered parenting time, you need to file a petition for allocation of parental responsibilities (assuming you were never married). If you do have a court order, you could file for contempt of court against her if she is not letting you see the child in violation of the parenting plan. Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

If a party fails to make a child support payment when due, each unpaid obligation becomes an enforceable judgment automatically by law.  C.R.S. 14-10-122(1)(c).  Therefore, if you owe arrears, you have an enforceable judgment against you which can be used to collect including garnishing wages, placing a lien on property, and/or repossessing property.  It's not clear if you are making payments on the vehicle or the child support arrears.  If it is the vehicle - the fact that you are making payments on the vehicle is irrelevant to whether or not it can be repossessed.  If you are making payments on your child support arrears - if you have an agreement regarding satisfaction of the arrears through a payment plan, the recipient cannot take other action against you.  However, if you do not have an agreement, it is as stated above, they have an enforceable judgment against you.  I would suggest you discuss with an attorney to better understand your obligations and rights and to protect your property going forward.... Read Answer

Colorado Revised Statutes 14-10-115 sets forth the guidelines for determining child support.  It contains all of the information you need to determine what is included.  You can find it at www.michie.com  Generally, gross income includes income from any source except for child support received, government assistance such as food stamps, income from additional jobs that result in more than 40 hours per week, social security received on behalf of the children, etc.  See 14-10-115(5)(a)(II).  Otherwise, gross income includes salaries, wages, tips, commissions, bonuses, dividends, severance, pensions and retirement benefits, royalties, rents, interest, trust income, annuities, capital gains, social security, worker's compensation, unemployment, disability, insurance income, monetary gifts and prizes, taxable distributions, expense reimbursements or in-kind payments, alimony or maintenance, and overtime if overtime is required by the employer as a condition of employment.  See 14-10-115(5)(a)(I). Bonuses can be tricky since they are not guaranteed.  If you have been in the job for a while, you will typically use your prior tax returns as a bench mark.  Only the children's parent's income is considered, not any new spouses. ... Read Answer

It depends on what it really means or what really happened when you say  you "signed [your] rights away."  If you voluntarily relinquished your parental rights and have a court order confirming such relinquishment, you cannot be held liable for child support.  You should supply that order to child support enforcement.  If you and the child's mother simply agreed amongst yourselves that you would not have anything to do with the child, that is different.  In that case, you are and have still been liable for child support.  If you have a written agreement between you and the child's mother, that may help your cause depending on what is included in the agreement.  Considering that you are facing $160,000 in payments, I would highly suggest you consult an attorney to discuss the specifics of your case and determine your options.... Read Answer

It is not exactly clear what your question is, but in general, your lawyer has an obligation to inform you of the law, including deadlines and your obligations and potential liability.  Where your lawyer fails to do so, or gives you improper advice, they have not met their obligation as a lawyer.  In this situation, particularly where you are facing a modification (likely increase) in child support, it would be wise for you to consult alternative counsel. ... Read Answer

Is this your only or youngest child, i.e. last of all of your children emancipate?  Was the support order entered after July 1, 1997?  If so, child support terminates automatically, without further action.  If you have other children for whom you owe support, child support does not terminate automatically.  Instead, you must file to modify and recalculate the total payment based on current circumstances, including your current income, ex's income, and the fact that you are now paying support for 1 less child.  Be prepared - this may or may not result in a lower payment depending on the circumstances.  See C.R.S. 14-10-115(13).... Read Answer

If the court did not order you to pay through the FSR, you are not required to do so.  However, FSR actually works to protect you by recording each payment.  That way, your ex cannot claim you didn't make any given (or multiple) payments.  It is much easier to use the FSR record to prove you DID make payments, then pull your bank records, check records, etc.  I definitely understand not wanting to be forced to do something, but in this situation, and considering your wife's unpredictable behavior, paying through FSR may in fact be in your best interest.  ... Read Answer

It depends on your situation.  If a child support obligation/order has existed for 25 years, each past due child support payment becomes an enforceable judgment, meaning you can collect it, plus interest, and can usually collect your costs incurred by having to go after it.  Child Support Enforcement can also help you free of charge.  If no child support obligation existed, you are most likely out of luck.  Child support cannot be modified retroactively; therefore, if there was no order, you can only obtain child support from the time you file to receive it.  However, child support terminates by law when the child reaches 19, so you cannot file to receive a new child support payment once the child is 19.  Paternity is not required to be proven before collecting child support.  The father has the right to request a paternity test if he chooses.  In essence, it is a defense, not a burden on you.  I suggest you consult an attorney regarding your situation.... Read Answer