Q: Was there a Colorado Court of Appeals decision stating that the father could not be held responsible for more than the state guide lines for child support if the child attends college? Does that decision take precident over all agreements for post secondary education prior to 1997? Thanks, Herman Heard

A: Good question and the answer is that it depends. It depends on the agreement that you have with your ex-wife. If you agreed to pay for college and it is in the court order, you might be able to reduce your obligation to the statutory maximum for child support. However, it depends on the law actually in effect at that time read in conjunction with the court order.

Q: My child is Married so my case is about Back Child Support, in the 'said' amount of 94,000. Do all the same rules apply, like Garnishments. Can my x-common-law wife Deliberately wait to come after me so she can get the interest and use this for her retierment ? Thanks, Signed 'I need help'

A: Dear I need help- Short answer to your question is yes, your x-wife can come after you. If she already has a judgment for that amount or any amount plus interest at the rate of 12% per MONTH, it is valid for 20 years in the state of Colorado. Once a judgment is obtained, all of the normal collection remedies such as garnishment would be available to her.

Q: Can a court choose to apply C.R.S. 14-10-115 regarding child support payments and not award the tax exemption pursuant to 14-10-115 (14.5)? We are being told by the court that even though it was granted in the first support order but not specifically mentioned in the permanent order that came 2 months later that he is not entitled to it. My husband has paid 70% (according the Social Services Financial Worksheet) of the minor child's support for the past 8 years and has never been late or delinquent. He has not been allowed by the custodial parent to claim him on taxes in any of the past 8 years by her own admission in court when this was presented during the most recent child support hearing. Can this be correct? Also, my husband has always paid his child support during the time when the minor child is with us for 2 1/2 months, or longer in some years during the summer. The court says that this is correct and is calculated into his total support payments. I have spoken with a number of other non-custodial parents and this doesn't seem to be the case with them even though they aren't paying 70% of the child's support. I believe this court has overstepped their authority and is not interpreting or applying Colorado law in these two instances. Please help, we are very frustrated and need to know if we have any further recourse with this court.

A: The Colorado court MUST order that your husband is entitled to the tax dependency exemption. By Colorado statute, he and the mother would split the exemption in proportion to their repective contributions to the support of their child. Your husband could take the exemption as awarded provided that he is current in child support at the end of those specific years. However, the ex-wife would need to fill out an IRS form consenting to your husband taking the tax dependency exemption. Otherwise, by federal tax law, the custodial parent presumptively takes the deduction.

Q: I am guilty of having an affair on my wife that has resulted in a baby. He is now 4 months old. I found out when he was 2 months old. My wife has stood by my side and we payed for the Paternity Test and have had joint physical custody with the mother of the baby for the last two months. I am trying to get her to make this parenting plan legal, by filling out the paper work and filing it with the courts. It has been a month and she has made up excuses on why she has not returned it to me so we can discuss the issues prior to filing. How do I get this process moving? What are my rights as a married man with a child outside my marriage, however I am willing to be in this childs life.

A: You are the father and have the same rights as though you had been married to the mother. The fact that you have never been married to the mother is irrelevant. You will need to file an Allocation of Parental Responsibility Action in the courts to protect your rights and obligations towards this baby. The court will establish "custody" in terms of decision making, parenting time and child support.

Q: How long must my ex be behind in child support before I can go after her legally? She is currently 13 months behind. I am sure I could have gone after her long ago, but each month she has kept telling me that she will start paying next month, and I've have wanted to give her the benefit of the doubt. After a year, though, I am begining to feel as though I have been patient long enough. What options do I have for recovering what she owes?

A: Technically, each missed payment becomes a money judgment. You can go after her even if she is only 1 month behind. Your options are to do a wage assignment if she has a job, file a contempt citation against her or file a motion to reduce arreages to judgment and garnish her wages, bank accounts or lien her house.

Q: I am trying to assist my son in Colorado with a child support modification and motion to enforce. My son pays his live-in girlfriend for day care for his two children of the marriage (they also have a son together) Will the court allow this amount to be included in the child support calculations? She was awarded an automobile in the separation agreement and was to take full responsibility of that auto. She has not obtained financing in her name nor changed the title. The financing is in his name and shows on his credit report.

A: If your son has proof that he pays his live-in girlfriend to baby sit he can include it in the child support calculation. However, it most likely will be challenged as most spouses/significant others don't charge their mates for daycare services.

Q: My husband is garnished for support for(2)children at this time. His daughter has been on her own since 16 (she's now 18) She is employed, rents her own apt. and claims her mother does not aide with any living expenses. Everything seems to be in her name also. She will be (19) Aug. 2006. Can we get the support modified at this time?

A: Yes. You can modify the child support on the daughter and ask that it be retroactive to the time that she moved out and began supporting herself. In any event, once she turns 19, the child support terminates. In either event, you will need to modify the child support to reflect that your husband only has 1 dependent child.

Q: My husband is court ordered to pay child support for two children that are not his biologically. He was leagally married to his ex-wife when she gave birth to the twins and with him being in the military at this time he was forced to sign the birth cirtificates. The children actually know who their biological father is and they spend time and recieve money from him as well. They live in Texas and the very little contact we have with them; they always let him (my husband) know that he is not their dad and they dont have to listen to what he says. We have went to court to try and cear this issue up on several occations, with no success. He has requested on several occations to be granted a judgement for a perternity test and has been denied. The twins are know 17 and we cannot continue to let this go on. To my understanding we have to take care of this before they turn 18 next year.What can be done in this situation to clear my husbands name from thier birth certificates and file a civil suite against their mother for knowingly haveing the court/DHS help her file this fraudulant case against my husband?

A: Your husband had 5 years after the twins were born to contest paternity as a defense to payment of child support. There is nothing that he can do now.

Q: My wife lost her job as a Bartender/ restrant manager to no fault of her own. She has now taken a job for less money out side of her industry. and with this job, will create $1200 a month in child support. Can she change her profession and make less money and ask for more child care?

A: No, your wife cannot voluntarily take a job paying less money. She would be considered voluntarily underemployed and the court could impute wages to her at her prior earnings level.

Q: If you get remarried and fall behind on your child support because you are not working can they garnish your new wife's wages.or her bank accounts.

A: No. Your new wife has no legal obligation to pay your child support. Neither her wages nor her bank accounts can be garnished unless you are jointly on her bank accounts. If so, the bank accounts can be garnished.

Q: I was divorced in 1989 and have been paying child support. My daughter turns 19 in Jan and is a full time student. I filed for termination of child support due to emancipation. My ex has filed for Post secondary education expenses. There is no mention of this in my original orders which have not been modified. Can I be ordered to pay.

A: If your separation agreement did NOT provide for payment of post secondary education expenses, and the decree was entered prior to 1997, then NO your wife cannot get a court order requiring you to contribute.

Q: I have gotten behind on my child support. Can my ex wife intercept my tax return and get the full amount?

A: If she is pursuing you through Child Support Enforcement, yes she can.

Q: What if it is proven that my ex wife has lied about her income and child care expenses? The documents she turned in to the atty prove that she makes more than the amount the child support was figured on and she has no proof that she pays child care.

A: Assuming that you are referring to a child support hearing which is a civil and not a criminal matter, nothing will happen to her except that the accurate income and child care expenses will be used in the calculation of child support.

Q: My husband has been divorced since October, 2000. There is one child involved, currently aged 12. The Court ordered my husband, to pay $430 in Child Support to the mother. The court ordered him to begin paying on March 01, 2000. CSE records show that he began paying in January of 2001. At the time, he was making about $43,000 and his ex-wife was paying for work-related child care. Her income was about the same. In August of 2001, he was laid off. He was unable to find work in IT and took a job installing security systems. He was a self-employed contractor making less than half what he was making when the original order was made. About 2 years later, he changed careers and became a Real Estate agent as this choice appeared to have a greater potential for higher income. It worked out as we had hoped, either. In 2004, we approached the mother requesting a decrease in the monthly support to $175. She agreed. We filed the appropriate papers. Unfortunately, the real estate market has still not become what we had hoped. My husband’s income, after expenses but before taxes as a self-employed Realtor, has not increased beyond about $25,000. He has been also applying, without success, for jobs in the IT field. We believe that the support obligation should reflect the current situation, per the State Child Support Worksheets. The mother disagrees. The mother is now accusing him of being intentionally under-employed and refusing to pay her what she deserves. Her current employment is as an Elementary School Principle in Jefferson County, which, based upon the information in the JeffCo web site, the low gross income is at least $71,000. The CO State worksheets indicate that the $175 we are currently paying, based upon her current income and lack of work-related child care, is roughly equivalent to my having a $50,000 per year income. Does she have a case?

A: Your question doesn't make sense. Your income has nothing to do with the child support calculation. Sounds like she is arguing that your husband is voluntarily underemployed or unemployed which is an issue of fact that the court would have to decide.

Q: My husband has been divorced since October, 2000. There is one child involved, currently aged 12. The Court ordered my husband, to pay $430 in Child Support to the mother. The court ordered him to begin paying on March 01, 2000. CSE records show that he began paying in January of 2001. At the time, he was making about $43,000 and his ex-wife was paying for work-related child care. Her income was about the same. In August of 2001, he was laid off. He was unable to find work in IT and took a job installing security systems. He was a self-employed contractor making less than half what he was making when the original order was made. About 2 years later, he changed careers and became a Real Estate agent as this choice appeared to have a greater potential for higher income. It worked out as we had hoped, either. In 2004, we approached the mother requesting a decrease in the monthly support to $175. She agreed. We filed the appropriate papers. Unfortunately, the real estate market has still not become what we had hoped. My husband’s income, after expenses but before taxes as a self-employed Realtor, has not increased beyond about $25,000. He has been also applying, without success, for jobs in the IT field. We believe that the support obligation should reflect the current situation, per the State Child Support Worksheets. The mother disagrees. The mother is now accusing him of being intentionally under-employed and refusing to pay her what she deserves. Her current employment is as an Elementary School Principle in Jefferson County, which, based upon the information in the JeffCo web site, the low gross income is at least $71,000. The CO State worksheets indicate that the $175 we are currently paying, based upon her current income and lack of work-related child care, is roughly equivalent to my having a $50,000 per year income. Does she have a case?

A: Your question makes no sense. Your income has absolutely nothing to do with the child support calculation. Your husband's ex-wife can argue that he is underemployed or unemployed, and it would be up to the judge to decide that factual issue. If the court determines that he is either voluntarily under or un employed, the court can and will impute income to him at a rate the court believes he is capable of making.

Q: I was the custodial parent of my 2 children for 5 1/2 years. Durning that time my e-wife paid no child support. I our divorce papers she was orderes to pay approx $210.00 a month, I agreed to not start child support at that time because she was going to provide work-related daycare. Sometimes she did provide the care and most times she did not, although my children were old enough to stay home alone. My children are now living with their mother full time, and spending about 30 to 40% of time with me. She has had the kids for approx. 6mo. and now wants child support, even though she never paid. Do I have any right to collect some of the past support she did not pay to offset the anticipated support I must pay. She also chooses not to work, and has gone on to have 3 more children, she is married and her husbands pay covers all of their bills. Thank you for your time and consideration of this issue.

A: Yes, if you have a court order for child support which has gone unpaid, you could file a motion for judgment against your ex-wife and collect back child support with interest at the rate of 12% per month.

Q: I know I do not live in your state, but your info is helpful. I recently got remarried, and pay child support to my daughters mother, we were never married. my suport payments are made as agreed by the court, and my attorney, they do how ever garnish my income tax refunds , both state and fed, for prior arrearages, my question is since my new spouses income is over 100k if we file our taxes jointly can the court tax the joint tax return? or what shld I do in this case?????

A: Good question. The answer is YES. If you and your new wife file joint returns, the IRS can and will seize the entire amount if it owed. The only way to protect yourself is to file separate tax returns or adjust your withholdings during the year so that you will not be entitled to a tax refund. Therefore, the IRS will not have anything to seize.

Q: MY BOYFRIEND IS GETTING A DIVORCE CAN U TELL ME IF AND WHEN AN ATTORNEY IS NEEDED IN A DIVORCE? AND HOW TO GO ABOUT FINDING A GOOD AND AFFORDABLE ATTORNEY HE DOSNT MAKE ALOT OF MONEY AND IS NOT SURE HOW MUCH CHILD SUPPORT IS A REASONABLE AMOUNT. SHOULD HE SEEK LEGAL ADVICE OR JUST ASSUME THE AMOUNT SHE HAS SET IS GOOD?

A: Your boyfriend needs an attorney. He obviously has kids so at a minimum child custody and child support are issues. He needs an attorney from the beginning. An attorney needs to review the specific facts of his case and both your boyfriend's and the wife's financial statements. This is a highly complex area and going it alone is like walking through a mine field. Not knowing your boyfriend's financial situation, all I can suggest is that he call around and talk to potential attorneys to obtain information about their fees, etc.

Q: My ex has been a realtor off and on (mostly on) since our divorce. I have, to this date, not been able to receive child support from ANY of the real estate companies he has worked for. Do these real estate companies have some kind of "exemption" to wage garnishments.

A: There are no exemptions from child support wage garnishments. The amount of the garnishment is simply limited to a percentage of his income. You'll need an attorney to proceed if you intend on garnishing his wages. If properly done, there is no problem as child support garnishments are routine. If he is self employed and owns these companies, he can evade the garnishment since he has control over the money. You might bring your child support order to Child Support Enforcement i the county where the divorce occurred. They do not charge for their services.

Q: My exhusband and I had our divorce finalized in April 2007 after being separated almost 7 years. We have 1 daughter 8 years of age. In our martial settlement we finally agreed he'd pay $200per month plus provide medical, dental and life insurance for her. In court I found out that he lied about the amount of money he makes, he claimed alot less then he actually does make, and he did not provide pay stubs nor any past tax returns so they just went by what he put in his financial affidavit. I was granted that amount but he still does not provide any of her insurances. Can I go back to court to up the amount since he has not provided for her as he has agreed? And if so do I need a lawyer?

A: If your x-husband lied about his income, you can and should take him back to court. Did either of you have attorneys at the time of the divorce? You certainly do need one now.

Q: DOES THIS QUESTION & ANSWER APPLY TO OREGON & WASHINGTON STATE? I AM THE NEW WIFE & DON'T WANT MY BANK ACCOUNT GARNISHED. Thank you. Q: If you get remarried and fall behind on your child support because you are not working can they garnish your new wife's wages.or her bank accounts. A: No. Your new wife has no legal obligation to pay your child support. Neither her wages nor her bank accounts can be garnished unless you are jointly on her bank accounts. If so, the bank accounts can be garnished.

A: Yes.

Q: My 18 year old cousin had a two year old child with his 17 year old girlfriend (who are now seperated) and is paying child support; however, she rarely lets him see the child. To add to this she's having another child that is his. When she told him about the unborn child she informed him that the doctor explained that the baby may have down syndrome. Fortunetly, my cousin decided to speak with the doctor and found that his exgirlfriend was lying to him and in fact his unborn child was very healthy. He thinks she may have said this just to get more money from him. In addition to this, his exgirlfriend does not have a job so I do not understand why she has custody of the child and why he has to pay child support if he should have primary custody of the child. Is there any way he can get primary custody of his 2 yr old and the unborn child when it is born and not have to pay child support? Any help would be helpful. Thank you, Aaron

A: If your cousin is the biological father, he will have an obligation to support his child until he/she is emancipated or turns 19, whichever first occurs. Obtaining custody is another issue independent of the child support matter.

Q: My husband has paid his child support faithfully and on time for 10 years. He recently has gotten a few months behind due to the economy and now his x-wife got an attorney and is threatening us. Question Can she put a lien on our house is the title is in both our names and the loan is in just my husbands? It is currently on the market for sale. Question Can she lien vacant property owned only by my husband? Thanks MH

A: If your husband is making less money now than he was at the time of the divorce and establishment of the child support amount, he needs to file a motion to modify child support immediately. Any order modifying support is retroactive to the date the motion is filed. Your husband's x-wife can obtain a judgment for all unpaid past due child support. She can lien the house since his name is on the title. She can lien vacant land or anything else which is titled in your husband's name.

Q: My husband is paying child support to his ex-wife for his children, his daughter has recently become pregnant he said he does not have to pay support for her anymore,because she is having a baby, is this true?

A: No, it is not true unless his daughter has moved out of the house and is now supporting herself. Otherwise, your husband's obligation continues until she is 19.

Q: My brother left his wife after 11 years together and 6 years of marriage. He took care of the children at night while she worked. My brother likes to drink occasionally and now she is trying to get where he has to go to rehab and have supervised visitation. He does not drink when he is with the kids. He is not asking to take them overnight just to see them on the weekends. Can she do this? Can she make it court ordered for him to do this in order to see the kids?

A: It depends on what facts are presented to the judge, if a child custody evaluator has been appointed, and what the child custody evaluator recommends after investigating the allegations. If the court determines that the allegations are true and that the children are not safe around your brother, the Judge can order supervised visits, and alcohol treatment if necessary.

Q: Two children, 15 and 19. If a motion to modify child support is filed 6/07, from the Petitioner. How many years would she be allowed to go back? If any, or is it from the time of filing? The petitioner requested 7 years of w2's to be sent to her personal address? Also, we have a 19 year old who I have requested emancipation for. He failed HS his senior year, should of graduated May of 06, he's a 5th year senior and is failing classes and attendence of less than a part time student, what is the guidelines? Petitioner does not make 19 accountable for these actions, and can you actual do a parenting plan for a 19 year old who has a job and self-supporting? This case is complicated. Also, the Petitioner only wants to use Fed Tax Income and not her gross, can she do that? Thanks.

A: It depends on whether or not the parents were married, and certain other facts which will determine whether or not the modification is retroactive to the date of filing or further back. If the parties were never married, and there is no prior support order, then YES the court can order child support retroactive to the date the kids were born. The obligation to pay child support terminates when a child turns 19

Q: denied retroactive child support because you name your son after another man. But the person the child name is after never in any way had communication, or was said to be the child father. The only father this child knew was the father who claim to use this as a scapegoat not to pay child support. How should I hande this case in this matter

A: The court cannot deny retroactive child support, if you are legally entitled to it regardless of whom you name your child after including naming him after the man in the moon. I don't know whether or not you were married to him. If you were married to him, you may not be eligible for retroactive support. If you were not married to him, absent other factors, you could be entitled to retroactive child support from the time the child was born. You should talk to Child Support Enforcement in the county where you live.

Q: Hello My Name is Jesse Frazee I am Emailing you so I can get my thoughts Strait. 8 months ago I was divorced and child support was assigned and she was to get the kids and pay medical. now my X-wife moved in with her boyfriends Father who lives in jefferson county. She begain filing paper work at Jeffco Human Servises and now they are garnishing my wages and telling me That "The People of the state of Colorado, By and threw the attorney for Jefferson county delegate child support enforcment unit, enter their appearance pursuant to 14-10-107.5 and/or 26.13.106(2), for the limited purpuse of establishing, enforcing, modifiying child support obligations and establishing and enforcing reimbursement of public assistance payments. I have 10 days to respond. I want you to Know i have never missed a child support payment and i am Stunned this is happening. Can you Help me? I am Barely making ends meet as it is. Thank you for you time Jesse Frazee

A: If you've never missed a child support payment, there may be another reason why your x-wife has contacted CSE. Amongst other reasons, she may be seeking to modify the child support to obtain an increase. You need to contact CSE and find out what is at issue.

Q: Thank you for your wonderful website! My wife receives child support from her ex, which by court order is due on the 15th of each month. Since October of last year he has been consistently late, sometimes not paying until the next month, and repeating the same again the following month However, as in years past, he is always able to come up with all of the money in full by the last day of the year (he pays it to the Support Registry, so we don't really know for sure what day he paid, but have assumed he made it under the wire) if it is a year he claims the 10 year old child on his taxes (He was awarded alternating years to claim her IF he is current on his child support). My question is, if he didn't pay in full by the 15th of December per the court order, IS he actually current by legal definition by supposedly paying in full at the end of the year? Along that same line, if he is consistently late, is there any recourse? He quit a full time job making 43k a year to go back to school and work only part time, and now has been fired from that job (because he was unwilling to work evenings and weekends) and is unemployed as far as we know (just student teaching supposedly for his teachers certificate, and therefore doesn't have an employer to garnish against anymore). Quite frankly, this guy is the typical “guard house” lawyer, interpreting the divorce decree and subsequent revisions in whatever way suits him. He is always careful to read the decree and look for loopholes (there are many) and do whatever he wants. We are constantly bombarded with new interpretations, and are tired of the battles. Please help us? Thank you again. from Colorado.

A: Good questions. The x-husband is smart enough to realize that if he is current in his child support on December 31st of the year in which he is entitled to the deduction, he gets to claim the deduction. The only way to guarantee regular payments from this guy would be to do a wage assignment. A wage assignment is sent directly to the employer and the employer is legally required to take a certain amount of money out of his paycheck on a regular basis. Since the child support payments are paid to FSR, the employer would do the same. Unfortunately, if the guy isn't working or only working sporadically, if at all, it is a waste of time to do a wage assignment. Since he seems to get caught up annually and doesn't carry an arreage after the end of the year, it would also be a waste of your money to hire an attorney to file a contempt citation. Litigation is like war and comes down to whether or not the battle is worth the cost it takes to fight. If he doesn't pay on time, given your circumstances, the best you can do is to make sure that he is charged interest on the arreages, which, is 12% compounded MONTHLY. Once he gets a real job, you should implement a wage assignment.

Q: Thank you for your wonderful website! My wife receives child support from her ex, which by court order is due on the 15th of each month. Since October of last year he has been consistently late, sometimes not paying until the next month, and repeating the same again the following month However, as in years past, he is always able to come up with all of the money in full by the last day of the year (he pays it to the Support Registry, so we don't really know for sure what day he paid, but have assumed he made it under the wire) if it is a year he claims the 10 year old child on his taxes (He was awarded alternating years to claim her IF he is current on his child support). My question is, if he didn't pay in full by the 15th of December per the court order, IS he actually current by legal definition by supposedly paying in full at the end of the year? Along that same line, if he is consistently late, is there any recourse? He quit a full time job making 43k a year to go back to school and work only part time, and now has been fired from that job (because he was unwilling to work evenings and weekends) and is unemployed as far as we know (just student teaching supposedly for his teachers certificate, and therefore doesn't have an employer to garnish against anymore). Quite frankly, this guy is the typical “guard house” lawyer, interpreting the divorce decree and subsequent revisions in whatever way suits him. He is always careful to read the decree and look for loopholes (there are many) and do whatever he wants. We are constantly bombarded with new interpretations, and are tired of the battles. Please help us? Thank you again. from Colorado.

A: If the x-husband has paid all child support due and owing by December 31st he is current for that taxable year, and thus, able to take the deduction. Although he is consistently late, if he eventually pays up, I wouldn't file a contempt, since it is costly and time consuming. If he is consistently late and that causes your wife hardship, it may be worth filing a contempt citation. If he is unemployed and doesn't have wages to garnish, you can garnish his bank accounts or lien his house, if he has these assets.

Q: can two seperate counties garnish my wages for child support at the same time

A: Good question. Answer is yes, up to a maximum amount depending on whether the garnishment is for current or past due child support.

Q: How is child support determined?

A: Child support is based on a statutory formula which takes into consideration several things such as the amount of money that you and your ex-spouse make on a combined basis, the number of children involved, the cost of health insurance, the cost of day care and other extraordinary expenses, and the number of overnights the children spend with each of you.

Q: Does the Court consider my living expenses and debts when ordering that I pay child support?

A: Unfortunately, no.

Q: I am paying child support directly to my ex-wife, but now she wants to garnish my wages. Can I stop her?

A: Unfortunately, no. The statute allows for a party to garnish wages for the payment of child support whether or not you are delinquent in your payments.

Q: Will I be thrown in jail if I can’t afford to pay my child support?

A: If you make a good faith effort to pay something each month, it is unlikely that the Court would hold you in contempt and throw you in jail. However, even if you are unemployed, the statute requires that you pay at least $50 per month for child support.

Q: I have my 2 children 100 hrs. a week, but only 4 overnights. My ex-wife is refusing to help with anything, including daycare expenses. What, if anything, can i do to change this?

A: Your ex-wife is required to contribute to day care expenses. This is usually added in to the child support calcuation. If it is not already included, you can do a motion to modify child support to reflect your actual day care expenses.

Q: If my ex wife takes me back to court to review child support, is my current wife's income considered?

A: No. Only your income is considered

Q: My minor son will be graduating high school early and wants to live with his mother full time. If he's working full time can his mother get an increase in child support even though he's out of school?

A: If your son is NOT emancipated and is under the age of 19, child support is applicable. Whether or not the mother can get an increase depends on both of your incomes and any income which can be attributable to your son. The Child Support Guidelines would have to be run to ascertain an amount.

Q: What is to be used for actual gross income, my husband's x wife's w2 is based on federal non taxable items, such as flex benefits. Her w2 which she provides is almost 12K different from her last pay stub. but, yet my husbands last pay stub is his w2. Her Actual gross income should be used and her last pay stub vs. last pay stub?

A: Gross income for child support purposes includes salary plus some benefits. If the benefits reduce expenses that an employee would ordinarily pay such as car expense, housing, meal subsidy, those benefits are considered income and added to the actual salary amount.

Q: Colorado law says that a parent can't claim a dependent on their taxes if it won't benefit them. My ex-wife hasn't worked all year and so a dependent would not benefit her individually. But she's filing jointly with her husband and it would benefit their joint tax return to claim the dependent. So, does her husbands income figure into if a dependent can be beneficial on her taxes?

A: Good question. C.R.S. 14-10-115 (14.5) states in relevant part that "A parent shall not be entitled to claim a child as a dependent ... if claiming the child as a dependent would not result in any tax benefit." I am presuming your x-wife is the primary caretaker and you pay child support. Given that assumption, my answer is since your x-wife would benefit by taking the dependency exemption by filing jointly with her husband, she would be entitled to the exemption.

Q: If paternity was recently established (child is 7) but father was never informed of pregnancy, what is the likelihood of a retroactive support order being issues?

A: It depends on the statute under which the case is filed. I am assuming that you were not married to the mother and the case would be filed under the Juvenile Code. Therefore, liklihood of retroactive support is 100% as the statute provides that child support may be retroactive to include the cost of the mother's pregnancy and child birth expenses.

Q: Hello! My ? Is.... I married my husband while he was in prison. He had 2 children prior to going to jail or before we became married. The mother's of the children has him on child support, but he doesn't know if these kids are biologically his. One of the kids is 5 & the other is 6 years of age. He didn't sign the birth certificates for either child. Is it too late for him to take paternity test and if he didn't father them, get off child support? Also, since he is in prison & we did get married after these kids were born, am I liable to pay his child support? Can the court garnish my wages even if these kids are not mine? Also, when we got married, the paperwork that we signed. His social security # was recorded wrong & it belongs to someone else..... Does that legally mean that I'm not really married to him?

A: Your husband had 5 years to contest paternity regarding the two children. Since that window has come and gone, he is stuck paying child support. You are not and never will be responsible for his child support. That is and will remain his sole debt. However, if you have jointly titled assets such as bank accounts or a house, the X could obtain a judgment and garnish the bank account or lien the house. Your husband's name must not be on any of your assets. If it is, you are at risk. You should file an amended application for marriage license which states your husband's true social security number. You marriage is still valid.

Q: I'm from arizona. i was wondering, that if the mother of my child and me were never married is it possible that she can make me pay her attorney fees.

A: If the matter is in Arizona, you will need to consult an Arizona attorney. Each state has different laws.

Q: Since being married to my husband of 2 years he has been making his child support payments to his ex-wife on time since having had gone back to court a year and a half ago. Although, he had been in the arrears for some time prior to that and since going to court is paying an additional $100 per month in hopes of someday catching up. He missed his January payment due to some unforseen financial strains we encountered and on Thursday child support enforcement garnished $900 from our joint account in which I'm the primary account holder and on Friday garnished my $1100 payroll direct deposit leaving us with nothing. The acount is majority funded by my payroll direct deposits with liitle contribution from him, so is there any way of filing an injured spouse claim and having my monies returned????

A: Unfortunately no. You must have a separate bank account with your name only. You are at risk if both you and your husband's name are on any bank account. If your husband's name is on any account, regardless of whether or not it is primarily your money, the account can be garnished.

Q: I currently reside in NY state. The obligation to pay child support terminates when a child turns 19 in Colorado. Does this also apply to a 19 year old with child that still lives with the custodial parent? Would I be able to file an emancipation motion?

A: I assume your child support order is from Colorado. If not, you will need a lawyer in the state which issued the child support order. In Colorado, child support terminates when the child reaches the age of 19 unless the child is disabled and unable to care for themselves, the separation agreement states otherwise, or some other reason which creates the need for continuing support. Unless your X petitions the court for an extension of child support, it will terminate at age 19.

Q: I'm order to pay child support for my daughter who lives in FL. She is now 16 and pregnant. Will my child support increase or stop because she has a dependent of her own now? Also should Social Service be involved if her babys father is 19 and she is 16?

A: I am assuming that the child support order is from a Colorado court. If not, you will need to consult an attorney in the state where the judgment was issued. If the 16 year old is out of the house and living on her own, you can petition the court to terminate the child support since she is most probably emancipated. If she is still living at home, and dependent on your X, your child support will continue until she turns 19. Unless your child is in danger, you are asking for problems by contacting social services.

Q: I have a child who is 15 and the biological father pays monthly child support. I am the sole custodial guardian of the my son and the father, by his own choice, has never met or spoken with my son. The father has recently requested for him to be able to claim my son on his tax returns until he is 18. Given that the father has never offered to see my son has never spent any time with him, does he have a legal right to claim my son as a tax dependent?

A: Your x-husband's right to claim your son as a dependent on his tax returns is independent of his exercising visitation with your son. If the Order of the court allows him to take the tax deduction, provided he is current on his child support, he can take the deduction. If their is no Order of the court, you have no obligation to allow him to take the tax deduction.

Q: I've been married to my husband since 2002 and have been dealing with his nasty ex-wife for 6 years. She lied and told the state there were arearages when there were not. I know how it is...you have to keep the receipts. My husband didn't think she would do that to him...wrong!! His support is set at $479 per month, plus $100 for arrearages. We had a little girl in March 2005. I have not received my taxes in three years (over ($9000) because my husbands ex is getting it for the One child they have together who is 10 years old. That is not fair, that money is part my daughter's and mine. How can they take that? It's not right. She also made the statement to my husband last summer she was going to tell the state there arent' any arrearages. My husband has had 2 back surgeries and his doctors are in the process of disability. He has not been able to work since January of this year and I only work, I just found out not only has she gotten our taxes again, there's a warrant out for my husband. She also has lied and said he talked mean about her in front of Dalton. That is absolutely not true, he doesnt' have a mean streak in his body. Anyway, can she take mine and my daughters part of our tax return, why and can she got our stimulus payment too? Thanks sorry so long...

A: If you sign joint tax returns with your husband, and the stimulous check is made out to both you and your husband, yes, the state can garnish both. You would need to file your own tax return, in order for you not to be garnished. If your husb and's name appears on anything with your name , the state has a right to garnish it.

Q: My ex-wife continues to hound me for payment of things like school registration expenses, school lunches, and other related fees. She is the custodial parent by a small percentage of time - and I faithfully pay the support order through FSR each month. There is an arrearage as a result of a court decision that was post-dated, but the arrearage is being paid down through FSR as well. I have reviewed the statute (14-10-115) to find ANY guidance that would describe a list of expenses that are expected to be paid by child support, but cannot find anything. Am I correct in my position that ALL normal and necessary expenses are to be paid by the custodial parent, and my contributions to that are paid via child support to FSR and then to her ?

A: You are completely correct. Unless the separation agreement or another court order specifically requires you to contribute to these ancillary expenses, you are not required to do so. Medical expenses are handled differently.

Q: I just under went a trial to modify child support payments brought about by my ex wife and feel I was treated unfairly. Can/should I appeal?

A: If you believe that the court either misapplied the law or abused his discretion, then you can appeal.

Q: I was awarded a citation for contempt against my husband. The case is in Colorado (Divorce). My ex lives in Texas. Which law governs the serving process? The state of Texas' laws or Colorado. Thanks!!!

A: The Colorado rules apply for service. However, you will have to get the Contempt citation registered in the state of Texas, and could have a Texas sheriff or Texas private process server serve him. Good service will be based on Colorado law.

Q: My wifes ex-husband keeps takeing her back to court to modify child support. He is re-married and has two new children with his new wife. Can he claim those children as a deduction towards his gross income?

A: Good question. The has recently changed in Colorado and YES your ex-husband can use as an offset his two new children.

Q: I currently pay $180 a week in child support for my two sons, which is taken directly out of my pay check. Does the amount paid automatically change when my eldest son turns 19? Or do I need to go back to court to determine the new amount?

A: Excellent question. You need to go back to court and have the child support recalculated.

 

TOPIC: CHILD SUPPORT

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