In Interest of EQ and JQ (Colorado 2020)
Only one court can set child support. The parents had two separate legal proceedings going on at the same time – one in juvenile court and a domestic relations proceeding. The juvenile court entered an order accepting the parents parenting responsibility agreement. Part of the stipulation was an agreement that child support would be addressed…
Read MorePeople in Interest of S.C.
The section of Colorado statute which adopted the Uniform Interstate Family Support Act (UIFSA) gives parties the right to testify by phone. The state of Missouri asked the state of Colorado to establish paternity with respect to the minor child. The father lived in Colorado. The mother had an outstanding warrant for her arrest in…
Read MoreMarriage of Weekes (Colorado 2020)
Statutes operate prospectively unless the language indicates otherwise. A law is unconstitutionally retrospective if it infringes on a vested right. The father filed to modify his child support based on a physical change of custody that happened without a court order. Current Colorado law limits retroactive modification of child support to the five years prior…
Read MoreIn re N.J.C. (Colorado 2019)
Deferred compensation isn’t income for child support when a parent doesn’t have the ability to use the money to pay expenses. The mother and father were unmarried and had a child. The father, a doctor, took a new job, and the mother filed to modify child support. The father’s income consisted of a base salary…
Read MoreMarriage of Alvis (Colorado 2019)
The child support guidelines account for the first $250 of unreimbursed medical expenses. Neither party can be ordered to pay this amount. The parents’ divorce decree ordered shared custody of three children and set support accordingly. Under the guideline calculation, the father paid his share to the mother. A few years later, the father filed…
Read MoreTooker v. Tooker (Colorado 2019)
Non-discretionary educational benefits, such as tuition assistance and a book stipend, are not income for child support. The value of potential income is not necessarily income for child support. The mother filed to modify the father’s child support obligation. The father, a veteran, was receiving tuition assistance and a book stipend from the Post-9/11 Veterans…
Read MoreIn re Aragon (Colorado 2019)
A worker’s compensation lump sum is income for child support. To factor the lump sum into the parent’s income, divide the lump sum payment by the number of weeks the parent didn’t work. The parents, who have five children, filed for divorce. The father received a lump sum workers’ compensation payment due to a work-related…
Read MoreIn re ACH (Colorado 2019)
An established psychological parent, who has sought and obtained an allocation of parental responsibilities, can be ordered to pay child support. In this case, the mother had a child from a previous relationship. The mother and father had their own child. The mother and father separated and shared equal parenting time with both children. In…
Read MoreIn re Marriage Heine (Colorado 2018)
When parents voluntarily agree to a change in custody, the statute allows support to be modified back to the date of the change. A court has discretion to terminate or modify support for the obligor and establish support for the new obligor. The parents in this case voluntarily changed custody of their children several times.…
Read MorePeople in the Interest of D.C.C. (Colorado 2018)
Once a juvenile court declares a child dependent or neglected, the juvenile court has jurisdiction over all matters pertaining to that child, including paternity. The father appealed a juvenile court order dismissing him from a dependency and neglect action. The juvenile court dismissed the father based on a child support court order for non-paternity. The…
Read MoreIn re Marriage of Boettcher (Colorado 2018)
The highest amount of child support on the income schedule is not a maximum presumptive amount. If the parents’ combined income is more than accounted for on the schedule, support may be more based on an application of the statutory factors. The father in this case appealed a modified support order arguing that the highest…
Read MoreIn re Marriage of Gross and Gross (Colorado 2016)
When a parent voluntarily relinquishes parental rights, the obligation to support the child does not end until a final order of relinquishment is entered.
Read MoreIn re Marriage of Lohman (Colorado 2015)
When enforcement of a judgment obtained in a foreign country is sought, the Colorado Court must determine if the foreign court had jurisdiction over the Colorado resident and also whether the exercise of jurisdiction is consistent with the Constitution and laws of the United States.
Read MoreIn re Marriage of Lohman (Colorado 2015)
When enforcement of a judgment obtained in a foreign country is sought, the Colorado Court must determine if the foreign court had jurisdiction over the Colorado resident and also whether the exercise of jurisdiction is consistent with the Constitution and laws of the United States.
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