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Child Support

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C

casaderemington

Guest
Help! The state is Colorado. My husband divorced 8 years ago. Oldest child had already left home by then. The other 3 remained with father. The youngest child went to live with Mother for apx. 1 year. Father paid child support. Mother has NEVER paid anything. Now younget child went to live with Mom June 1999. Mother wants child support. Mother has no income. Goes to school full time and lives on grant money. Father goes to school full time and I support him. He has $0.00 income. My questions are: Do you have to pay child support when a child is 18 and will graduate this May from High School? What is secondary education? Is there a law that says we have to pay for college? Can my income be counted? X-wife wants child support based on fathers income of two years ago. Can they do that? How will they decide on what amount of child support will be if neither parent works? What about my assets? Can they touch them? Checking, Savings, House, income? Will they take into account that the Mother NEVER paid a single penny in support for any of the kids?
We live in New Mexico and have to go to court in Colorado. Also.....x-wife lied big time in the documents that she sent to the court! What do we do about that?
Helpless in New Mexico
 


J

jlblm

Guest
There are a couple of things I can answer for you since my husband had to deal with his ex through Colorado courts. We were quite surprised last year to find out that in Co. child support is paid until 19 not 18. As far as paying for college for the child, that would not be automatic, the court would have to order it. In all of our dealings with child support modifications, my income was never included with his to determine the child support amount. The courts will not consider what the mother paid or didn't pay in child support in the past as it pertains to what your husband is responsible for currently. If she was ordered to pay a specific amount and never did, he might be able to go after her for arrearages, but that would still not cancel out his current obligation. Doesn't sound like she has any money for him any more than he does for her anyway. Even an unemployed man is responsible for paying something and they have a state guideline to determine the amount. Hubby and his ex will both have to submit income info (or lack of income info) and the state will determine the amount based on the information provided. As far as having the support based on what he earned in the past, that is exactly what they did to my ex in Alaska.(Don't know how Co. feels about it though) They couldn't track my ex down for the current info, so they based it on what he had a habit of earning in his past. Sounds like they might say that since your hubby was capable of earning that amount 2 yrs ago, he should be able to now. They won't have a lot of sympathy for his trying to get an education. Their concern is with the well being of the child. Hope this helps you out a little.
 

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