Monthly Archives: April 2011

Parental Kidnapping and How to Respond

My wife asked me to drive her to Idaho for a 1 week vacation 3 weeks ago. I left her with the car and flew home because of work. Now three weeks later she refuses to come home. She has stopped taking my calls and according to her mother has gone into hiding. I am very concerned about my two small sons. The environment is not ideal out there. They were staying with her mother and her mothers boyfriend. Both of them are alcoholics and do not work. Since they (the mom) and her boyfriend have no jobs they were all living at an uncles house, and she has been bleeding my bank account purchasing such things as alcohol and beauty products. I feel my sons are not in the best situation and think since she is no longer at the uncles house and is “in hiding” that this is parental kidnapping. I want to get emergency custody and get this matter handled through the courts the right way. My wife is originally from Idaho and since she wants to move back and I don’t she has chosen this path.

You will need to file an action for divorce, legal separation, or allocation of parental responsibilities in the state of Colorado and file an emergency motion asking the Court to order that your Wife return the children to the state of Colorado. Once you obtain an Order, you will have to have her served in Idaho. Seems like your biggest problem may be locating her. She cannot be served unless you know where to find her.

Health Concern for Daughter Taken by Wife

I need help. I’m lost. my wife of a little over a year left the state with my 8 month old. She has a heart murmur and is missing important appointments by leaving what can I do to make my wife bring her back? I’m concerned for her well being.

Unfortunately, since your baby has been residing in another state for over 6 months, pursuant to the UCCJEA, jurisdiction now rests with that state as it is now the home state. You will need to contact a lawyer and file an action in that state.

Should I pay for a car that was given to me?

My mother gave me a car when I was married with my wife and it was in both of our names on the title. It said E. Hurd or A. Atha-Hurd. She moved in with another man that had a car and I did not have a car so I went to the dmv and got the title in my name and got the car key and went and got it. Should I have to pay her for the car that my mother gave me? I pay her $100.00 a month for the car when it was given to me.

If there is no court order requiring you to pay her, don’t worry about it.

Late Child Support Payments

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.

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.

Wage Garnishment From 2 Counties For Child Support

Can two seperate counties garnish my wages for child support at the same time

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

What is Considered When Ordering Child Support?

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

Unfortunately, no.

Child Support and Wage Garnishment

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

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.

Consequences of Not Paying Child Support

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

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.

Active Parent Seeking Child Support

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?

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

Does New Spouse’s Income Affect Child Support?

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

No. Only your income is considered.

Child Support for Working Child

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?

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.

Filing Taxes and W-2s

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?

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.

Claiming Child on Joint Taxes

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?

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.

Retroactive Child Support for Uninformed Father

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?

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.

Child Support, Paternity Tests, and Liability Through Marriage

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?

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.

Attorney Fees for Unmarried Couple

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.

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

Child Support Forcing Financial Crisis

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 account is majority funded by my payroll direct deposits with little contribution from him, so is there any way of filing an injured spouse claim and having my monies returned?

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.

Child Support Termination Jurisdiction

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?

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.

Child Support, Tax Request from Absent Father

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?

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.

Child Support Payments Sapping Tax Returns

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 aren’t’ 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 doesn’t’ 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…

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.

What does Child Support Cover?

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 ?

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.

Appeal Child Support Ruling

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?

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

State Jurisdictions for Serving Contempt

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!!!

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.

Can Children from New Marriage Affect Child Support Payments?

My wife’s ex-husband keeps taking 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?

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

Child Support Termination at Age 19

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?

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

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