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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I have question about child support payments in the state of

Customer Question

I have question about child support payments in the state of colorado. We are due in a hearing on Wed. about establishing child support. My ex husband pays her health insurance per our divorce decree. He ONLY receives VA benefits( that I am aware of) of $ 1300.00.
I make roughly $ 1980.00 before taxes. Child spents about 65% of the time with me and the rest with her Dad. Every other Fri, sat. night and one night through out the week. About 8 nights per month total. I do not receive any kind of supportf from him? am I entitled to some or not?

Thank you

Nicole
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Is there a temporary order for child support?

Is this the hearing to determine the final amount to be paid?

Or, is the hearing to modify current child support?

Thanks
Customer: replied 1 year ago.


It is a hearing to modify current child support. and to let you know also that I have the Child Support enforcement unit involved in this case. There were the ones that sent me a letter. The notice of the hearing is callled the Obligors motion to modify child support. there is an intervenor for the for Arapahoe County dep. of human services present. Currently he is not paying anything and the la time he did so was in Sept 2012

Expert:  xavierjd replied 1 year ago.
Hi,

So is it the Department of Human Services who is bringing the Motion to Modify? Is it you? or is it your ex?

Thanks
Customer: replied 1 year ago.


I started the case on him, but he took it to court instead. I just heard from a friend of mine, that the state of Colorado is basing their chiod support decisions on the amount the child resides primarily? I am not sure however. THe intervenor is representing the State of Colorado I guess. I hope this helps.

Customer: replied 1 year ago.
Relist: Answer came too late.
Customer: replied 1 year ago.


Can you still help me please

Expert:  xavierjd replied 1 year ago.
Hi Nicole,

Yes. I can still help you. I was locked out of the question when you indicated that you didn't receive an answer quick enough.

I have to look up the information again.

I will be back shortly with an answer for you.

Thanks for you patience.
Customer: replied 1 year ago.


Thank you so much. Yes my computer locked me out and I couldnt get back to the screen. I thank you for helping me...


 

Expert:  xavierjd replied 1 year ago.
Hi Nicole,

VA benefits are considered "income" when determining child support.

Further, below please find the statute that determines how support is calculated and the factors that a court considers when determining child support.

http://www.brettwmartin.com/component/content/article/200-reference-material/787-crs-14-10-115-colorado-child-support-guidelines


The guidelines are VERY confusing. But, child support isn't just based on the amount of time spent with either parent. It is also based on the adjusted gross income of each parent.

When either the obligor’s monthly adjusted gross income, or the parents’s combined monthly adjusted gross income, is less than $850.00, the Guideline provides for a minimum order of $50.00. If the parent with the lesser number of overnights per year earns $850.00 or more, but less than $1,850.00 per month, he or she is eligible for a low income adjustment. The parent pays a basic minimum amount, depending on the number of children, and pays an additional 40% of every dollar between $900.00 and $1,850.00 of monthly income. If the low income adjustment results in a child support award that exceeds the amount in the schedule, the schedule amount should be entered.

Given the above, it is more likely than not that you should receive some type of child support. I cannot give you an amount, however. The guidelines are very fact specific.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 5 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Nicole,

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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