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Taeleri

Guest
What is the name of your state?Colorado

I am in need of an attorney that will work on a reduced fee or installments. I have no money to retain an attorney and have either a civil or family law case. I will brief up what the situation is and hope someone in Arapahoe County, Colorado can help me.

10 years ago, I was divorced in Arapahoe County, Colorado. I now reside in Boulder County, Colorado. In the original order my exhusband was primary custodian over the two children. I was ordered to pay 890.10 per month that amount included day care for our children. In 1998, our oldest son, then 11 was arresed and charged with a felony in Arapahoe county. He had been left home alone with no parental supervision to play with his friends all day long. That order stated if a change in day care was to happen, he was to submit a motion to the court to change that order. He did not, and I went to Arapahoe County to have this case transferred in Boulder, County, Colorado where he was in counseling and on probation. He is currently on probation. According to that order, our daughter have visitation with me every other weekend, 1 week of spring break 1 week of winter break and live in Boulder Co with me during the summers. At this time, the order stands that each of the custodial parent will be responsible for the child in their home, unless it pertains to our son's probation where I would pay 58% and he would pay 42%. Effective June 2003, our daughter decided she did not want to live with him anymore and wanted to live with me. I went to my exhusband, told him I couldn't afford an attorney, do thru his attorney. This is where we are now. He and his attorney have been fighing child support and custody with me because they know I can't afford to retain an attorney. He is trying to pursuade our daughter to go back and live with him. She is visiting him for a week. He has also paid me $152.39 every two weeks since September 26, 2003 as a child support payment. There is no current oder as to how much he has to pay. There are many descrepancies in their motions they are submitting to Arapahoe County Court. In December 2003, I contacted Boulder County Child Support Enforcement Unit to assist me in collecting child support and retro child support from September 2003. They are third party. To date, I have been on the phone to every Legal Aid, Legal Service, Volunteer Service, County Bar Associations, DA's office etc. to help me and/or assist me in finding legal representation. No one will help me. I have told them I am a low-medium income individual and no one will take it without a $1,000 - $25,000 deposit retainer and $175 - $300/hr fee. I can't do this. There are so many holes in what has happend and what is happening.

In our original order it was ordered that I pay a certain amount of child support in that amount child care was to be provided and if there were changes in day care then my exhusband would need to make the change. As a result, he didn't and left our, at that time, 11 year old son home alone and he got into felony trouble. He was in contempt of a court order in my opinon and what other actions of child neglect and/or abuse can be taken.
I did not come forward before as I wanted my son to get thru his counseling before I decided to move on this. Now, I'm fighting my exhusband and his attorney for child support.

Can someone please help me. I am so desparate that my fears are I am going to loose my children again, if I do not have legal representation to help me kn this matter. I would request that I seek retro child support and child support, change in parental custody and/or if there is anything I can do for my exhusband being in contempt from 1998 child support orders.
 


VeronicaGia

Senior Member
You have several problems here.

1. If the custody order for your daughter was never modified, your ex still has legal custody and is under no obligation to send her back to you. Also, if he still has legal custody and you are still obligated to pay him child support, the state will enforce that support order. So if you haven't been paying him the court ordered amount, you are in arrears.

2. You cannot retroactively modify child support or child custody. It will only go back to the date of filing. Your best bet is, if you absolutely cannot afford an attorney, to read up on all your states family laws and procedures and file yourself.

3. To try to bring a contempt charge in 2004 from something that happened in 1998 isn't going to happen. You should have filed then.

4. No one will help you collect child support for a child when you do not have legal custody. Your first step is to file for a custody modification, then if you are awarded custody, file for child support. Your ex could stop sending that money at any time and insist you pay him what is court ordered.
 
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Taeleri

Guest
In need of Attorney, Pro Bono, Installments

Currently, the order is no child support is exchanged as of 1998. I am primary custodian of our son, he is primary of our daughter. June 2003, she made the decision to come live with me. Since I didn't have finances to retain an attorney to go to court and get this modified, I asked him if he would do it, this is where we are now. He and his attorney are stalling. Arapahoe County Court is from my understanding 2 years behind in family law cases. Boulder county Child Support Enforcement Unit is the third party collecting child support only, but since Arapahoe County is that behind, we wait. I thought after ten years of this and what I did in order to basically save my exhusband the humility of slapping him with a civil suit for leaving our son home alone, he would be civil and comply.

I'm just trying to get this changed like the order says to if there is a change. Also, Arapahoe County Court told me to do the same thing. Write a letter documenting a timeline from Separation to Now. Stating what I have done, as long as it's documented and notarized the court will look at that as a legal document and as representing myself. This whole thing scares me. Honestly, I don't even want his money for the children. That's how much I want this man out of my life. And he has continually done everything to stall and keep me from doing it. He has no involvement with the children, nor does he want to pay any child support, nor will he be accountable for his actions. He was in contempt of court in 1997 when he was receiving child support from me with day care to be provided for our children. I didn't go after him because my son got into trouble from being left home alone and the best interest at the time was getting him through this situation. Now, my son will not have anything to do with his father, he won't even see or call him.

I'm just trying to get it all on the books. I also told my exhusband that if an agreeable proposed child support amount was submitted to me we wouldn't need to go thru Family Register. Now, that he's stalling I am pushing for that now. I just need an attorney who has a soul and a heart with passion for this case. Guess I'm lookin for love in all the wrong places again.

Thanks for your response!
 

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