Divorce Frequently Asked Questions: Maintenance (Child Support)



  1. My husband and I have been separated for 5 years. Can I get child support back to when we separated?

    Pursuant to the main Colorado child support statute, C.R.S. 14-10-115, a court only has jurisdiction over a party to a divorce from either the date of filing a case (if that person files) or the date of service, for the other party. People often ask our experienced child support attorneys whether they can seek child support back to separation. The answer is, “no.” This differs from paternity cases filed pursuant to C.R.S. Title 19, in which a person can presumably seek child support back to the date of birth of the child. The legal rationale for this aspect of a divorce case is that paternity is known, parties are separated, and if the recipient really wanted to do something about support, he or she would have filed the case sooner. If separated, but not yet ready to file for divorce or legal separation, a married person can also file a separate child support case.
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When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation.
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I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
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At the end of the day he was able to produce a settlement that was fair to both parties.
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