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Does child support have to be paid in Colorado if there is…

Does child support have to...
Does child support have to be paid in Colorado if there is no court order, parenting plan in place, and the custodial parent is refusing to allow visitation even though there is a visitation order in place?
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Answered in 1 minute by:
9/26/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,004
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. I'm sorry I don't quite understand what you mean. To be clear, there's no court order or other order that says you have to pay a specific amount of money for child support? Or what do you mean "if there is no court order in place"?

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Did you see my follow up question to your issue?

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Customer reply replied 7 months ago
I'm asking for my son. Colorado is threating to terminate his parental rights for non payment of child support. The only court order states that it's either support or supervised visitation. Not both. His only income are his disability payments. In order for him to visit with his infant daughter he has supervised visitation. The childs mother has started refusing to take his daughter for scheduled supervised visitation.

Do you happen to have a copy of the order so that I can see the actual language (the either/or language that you're referencing)? And when you say "Colorado" is threatening to do this, do you mean the attorney general's office? Has he contacted them and shown them this order?

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Customer reply replied 7 months ago
I do not have a copy of the order. It's Arapahoe County that is threatening to take his rights away

Arapahoe County what? District attorney, county judge, CPS?

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Customer reply replied 7 months ago
CPS

What have they said in response to the court order?

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Customer reply replied 7 months ago
I don't know. I do know that the mother has pissed them off and I fear that since she hasn't brought their daughter to the scheduled supervised visitation that they are now trying to get child support from my son with no visitation at all

Understood. The reason I ask is that a court order trumps what CPS can do outside of court. CPS would have to go to court in the first place to do anything, so he would need to let CPS know this. Now often the points of contact that a parent have with CPS are not knowledgeable enough to know this, and so he might actually say "take this to your counsel (lawyer) to see that it would need to be changed". Note that I am assuming that it's being interpreted correctly here and that the obligation to pay support is contingent upon visitation.

If she is not complying with a court order, HE should contact the court clerk and ask how to file a "motion to show cause and for contempt". This is what needs to be filed to hold someone in contempt and force them to comply with the court order. Most of all, he needs to be able to show CPS that he's doing this so it's not assumed that he's simply dragging his feet, etc... but really trying to do what's best for the child.

Finally, if he has not already done so, he should check with legal aid in his area to see if he qualifies for services: https://www.justia.com/lawyers/colorado/arapahoe-county/legal-aid-and-pro-bono-services. This of course is the best bet if he can't afford an attorney himself.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,004
Experience: Licensed Texas General Practice Attorney
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