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Paying Child Support If Spouse Withholds Parenting Time

Paying Child Support If Spouse Withholds Parenting Time

My ex sprung a child support payment after my daughters turned two. We broke up shortly after their first birthday, but I got stuck with back child support because I just gave her cash and bought everything myself. She quit letting me get my court ordered parenting time as we’ll as not let me have any say in their life. I’m worried the back child support which continues to rise will bury me. Is there any way I can get out of the hole without paying her a fortune? She has not followed any court orders with me.

Your obligation to pay child support is independent of your right to see your kids. If she is not letting you see your kids, you need to take her back to court. However, your child obligation does not cease just because you are not seeing your kids.

If your financial circumstances have changed (gotten worse) since the original child support order, you might be able to seek a modification. However, you need to pay her something every month. Failure to do so could land you in jail. At the very least she could get a judgment against you for past due child support which accrues interest at the rate of 12% per MONTH.

Terminating Child Support for Children Over the Age of 19

Terminating Child Support for Children Over the Age of 19

My older daughter is turning 19 on August 26th. So when can I file ‘Motion to Terminate Child Support’ paperwork? and get the decision from the court in time to stop September 1 2015?

Since you indicated that your “older” daughter turns 19 on August 26th, you obviously have additional children under the age of 19, and for whom child support is presumptively still owed. Thus, child support will not be terminated. You need to file a motion to modify child support as it will need to be recalculated due to your eldest daughter aging out.

Child Support Payments After Unemployment

Child Support Payments After Unemployment

Do I still receive child support if my ex loses his job?

Unless and until your ex files a motion to modify or reduce his child support, he still owes you child support . Whether or not he continues to pay is another issue

Paying Maintenance While Unemployed in Colorado

Paying Maintenance While Unemployed in Colorado

I live in Colorado and have recently become unemployed. Do I need to pay maintenance to my ex-wife while I’m unemployed?

It depends on what kind of maintenance you are paying. If you are paying “contractual, non-modifiable maintenance”, you cannot modify the maintenance amount for any reason.

If you are not paying “contractual, non-modifiable maintenance”, you can modify your maintenance both in amount and duration.

Consequences of Breaking a Temporary Protective Order (TPO)

Consequences of Breaking a Temporary Protective Order (TPO)

If I am served with a temporary protective order and within 24 hours of being served, I angrily break the order by making contact, and am subsequently arrested; does that automatically hurt my case at the return hearing and allow the judge to immediately make the order permanent?

Yes, violation of the TPO will certainly hurt your case, and you will have an uphill battle. However, that does not allow the court to automatically make it permanent. You are still entitled to your Due Process rights and have a right to a hearing on whether or not the TPO should be made permanent. At the hearing to make it permanent, the complaining party will have to prove that there was a basis for the issuance of the TPO, and that absent a permanent protection order, the conduct giving rise to the initial TPO will continue.