- I have always made my child support payments on time, directly to my former spouse, but the district attorney is saying that I am thousands of dollars behind in making these payments. What can I do?
How you are supposed to make your child support payments will be specifically laid out by the court, and you should always follow the directive of the court. However, if you and your former spouse come up with a different arrangement more suitable to your situation, make sure that you get the new agreed upon payment arrangement in writing and that you submit it to the court so that is aware of the new payment method.
Additionally, to ensure that you have evidence of making child support payments, it’s always smart to get a receipt from your former spouse for each payment and/or make the payment by check (or some other method that is trace – i.e., not cash).
- Will I still have to make child support payments to my former spouse if I recently obtained joint custody of my child?
Just because you obtain joint custody of your child does not mean that you will get to stop paying child support to your former spouse. While you can petition to the court to have these payments lessened, as the amount of time the child is spending with the former spouse has decreased due to the new custody arrangement, it is highly unlikely that child support payments will be suspended when the custody agreement changes from sole to joint custody.
- If my former spouse is not allowing me to see or visit my child, am I still obligated to pay him or her child support?
Custody and visitation agreements are distinct from child support payment obligations, which means that you will still be legally obligated to make child support payments even when your former spouse is not abiding by the custody or visitation agreement approved by the courts. In these situations, you should petition the court regarding your former spouse’s breach of the custody or visitation agreement, and you should continue to make your child support payments until or unless the court orders otherwise. Failing to make these payments could have serious consequences for you – including jail time.
Given how complicated child support obligations and child custody agreements can be, as well as the fact that single parents often don’t have the time (or may not have the knowledge regarding how) to deal with the courts, it’s essential that they work with the Colorado family law attorneys at the Law Office of Mike Hulen. For years, we have been successful at helping our Clients negotiate their family law matters. If you are owed child support, are paying child support or are looking to enact a change to your child custody agreement, contact us at (303) 932-8666 to learn more about your rights and receive professional advice regarding the best manner in which to proceed with your case.