Frequently Asked Colorado Child Support Questions Part 3
- My kid is 19 and still in high school. Does my child support stop?
No. Pursuant to C.R.S. 14-10-115 (13)(III), if a child over 19 is still in high school or an equivalent program, child support can continue until the end of the month following graduation. If the child drops out and then returns, child support can also continue. However, it cannot continue beyond age 21.
- My ex-husband is not letting me see the kids. Can I just quit paying child support?
No. Most Colorado family law courts loathe parties taking self-help measures to remedy situations. The old adage, “two wrongs don’t make a right,” comes to mind. If the other party in your case is violating custody or visitation orders, there are remedies for dealing with that. A court will not applaud your efforts to take matters into your own hand. Rather, if you quit paying your support, you may be subject to an array of trouble, including potentially jail. We can help you resolve your issues and enforce your orders in a proper legal fashion.
- Can I get interest on back child support owed to me?
Yes. Pursuant to C.R.S. 14-10-122, each child support payment not made automatically becomes an enforceable judgment as a matter of law. Additionally, statute indicates the interest shall accrue on the back child support at the rate of 12% per year, compounded monthly, on each payment. Our Denver divorce and custody attorneys have represented both payers and recipients in cases involving back child support and interest. We have seen cases in which the principal amount of child support owed might be $100,000. However, after many years of non-payment, the principal and interest total might be $300,000. It is important for payers to know that this interest is accruing on each missed payment. It is also important for Colorado child support recipients to know that they, or rather their children, are entitled to this interest. Parties to a child support case should be aware that most Child Support Enforcement Units will not deal with the establishment of interest, but will enforce orders or judgments that have interest already calculated.
- Can my employer charge me for garnishing child support from my pay check?
Yes. Pursuant to C.R.S. 14-14-111.5 (16.7), an employer may deduct a processing fee of up to $5.00 each month from a child support payer’s pay, after the support is taken out. It is our experience that these occasions are few and far between. Our experienced family law attorneys have probably seen roughly 5 instances in more than a decade in which a fee is charged as part of the garnishment process.
- My ex-husband is being garnished for child support. In some months, the full amount isn’t taken out. Why?
When child support is paid through an income assignment, it is common practice for the payments to be made on a per check/per year basis. For example, if a person is scheduled to pay $500 per month in child support and is paid on the 1st and 15th of the month (twice per month), then the payment with each check would be $250. However, if that same person is paid every other week, the per check calculation would be different. In that instance, the child support recipient would be paid based on the following calculation: $500 per month child support payment (x) 12 months equals $6000 total obligation for the year. That figure would then be divided by 26 pay periods (52 weeks per year divided by 2). In that instance, the per pay check amount of child support paid would be $230.77. In some months, the payee would be shorted, receiving only $461.54. However, there will be several months during the year in which three payments are received, for a total of $692.31. In essence, things will balance out such that the yearly total of $6000 is paid. Unfortunately, this is a double-edged sword for both the payer and payee in some months.
Main Child Support FAQs