Child Support Lawsuit by an Adult Child in Colorado

It is usually not possible for adult children to sue for back child support in Colorado. In some situations, however, there may be ways that an adult child can try and get the back child support amounts they are due.

It is common for parents to be required to pay child support in Colorado in order to help with the cost of raising a child. Child support payments are usually made monthly during or after legal separations or divorce cases.

If the custodial parent does not get the child support payments they are owed, those amounts will become back child support or arrears. If the parent fails to make their court-ordered payments, they will be in violation of the court order and can face negative legal consequences.

A parent who receives child support payments or who is owed back child support is legally entitled to receive the funds. Parents commonly file court cases to recover child support amounts that they are owed.

In the State of Colorado, a non-custodial parent is responsible for child support payments from the time that an application for child support payments was made to the time the child support order was issued. These amounts are called retroactive child support.

If a parent is owed back child support in the State of Colorado, then can ask the court handling their case to garnish the wages of the paying parent. If a court does order a garnishment, a paying parent’s employer has to deduct wages from that worker’s pay to cover the back child support amounts they owe.

If the garnished amount is not sufficient to fulfill the amount that is owed or if the paying parent loses their employment, the parent who receives payments may be able to use other methods for obtaining the child support funds they are due. An individual may also be able to place a lien on personal property of the paying parent.

Putting a lien on the property of a paying parent can provide the receiving parent with a security interest. What this means is that when the property of the paying parent is sold, the lienholder, or the receiving parent, will be entitled to receive proceeds from the sale.

To get more information about options that may be available to obtain back child support in Colorado, it is important to reach out to a local Colorado lawyer.

When Is Child Support Owed to an Adult Child?

Typically, a child is eligible to receive child support until they graduate high school or reach the age of majority in the state. Parents should know that they may be required to pay child support even after a child reaches adulthood if they have a disability that prevents them from being able to support themselves.

The specific disability is not usually a factor the court considers. The court will simply review whether the disability prevents the adult child from being able to care for themselves without supervision or financial assistance.

If an adult child is disabled, the court will follow the same formula it uses to calculate child support as it uses in a case that involves a minor child. Additionally, the court will find out if the adult child receives financial support from a government agency.

When a case involves an adult child, a court will still follow the child’s best interests standard when it makes any decisions. If the parents of the adult child do not pay child support as they were ordered, the adult child might have the ability to file a lawsuit against them.

For more information on how adult children can collect child support they are owed, an individual can consult an attorney.

What Is a Lawsuit for Child Support in Arrears?

As previously noted, arrears are child support amounts that are past due. In certain situations, the adult child can get the arrears they are due by filing a lawsuit against the parent who owes the money when they are the executor or representative of their custodial parent’s estate.

When a child support order was in place before the child became an adult, the custodial parent may be able to file a lawsuit against the non-custodial parent. If an arrears amount is due, it will be classified as unassigned arrears or assigned arrears.

If arrears are classified as unassigned, they are owed by a paying parent and will be paid to a custodial parent. If the custodial parent did not get any type of public assistance, the assigned arrears amount will go directly to that parent.

Custodial parents are allowed to waive their rights to those arrears by signing a child support waiver. If a waiver is signed, the parent making payments will no longer owe that past-due amount.

Back child support waivers can be signed in several situations, such as:

• The custodial parent of the child can care for the child themselves
• The custodial parent signing the waiver if the non-custodial parent pays part of the arrears amount they owe
• The parents of the child are back together, reside together, and share the expenses of raising the child

If the child support arrears are assigned, the amount is owed to the state. Assigned arrears usually accumulate if the state has made up for unpaid child support payments so the child’s basic needs can be met.

This category of arrears typically arise if a custodial parent gets public assistance because they did not receive their child support payments. A custodial parent will only receive funds from the assigned arrears if any remains after the state has been repaid.

What Are Some Issues With Lawsuits for Child Support in Arrears?

In addition to the amount of arrears, there are other issues that may arise in these types of lawsuits. One is how far back into the past a parent can claim they are owed child support.

There may also be statutes of limitations that apply in these types of cases. Parents have to provide their children with financial support until they reach adulthood in Colorado or 18 years of age.

Typically, child support arrears do not expire. In addition, they typically cannot be discharged in a bankruptcy.

An attorney can give an individual advice on any of the issues that may arise when they file a lawsuit for back child support in Colorado. Because there may be time limits in these types of cases, an individual should reach out to an attorney as soon as they can.

Do I Need To Hire a Lawyer for Help With Unpaid Child Support Issues?

If you are a Colorado parent concerned about unpaid child support amounts, whether you make payments or are owed arrears, a Colorado child support attorney can help you understand your options as well as the laws and statutes of limitations that will apply to your case.

You can use LegalMatch to find a lawyer in your area who will be able to help you by submitting your concern on the website. After you submit your concern, you will get responses from licensed attorneys in your area in around 24 hours who can help you understand your options to resolve your concerns.