Legal Question in Family Law in Colorado

Re: Child Support and Paternity Testing

The response from Mr. Johnson is accurate. To that I would add that the court will not likely recognize as valid an agreement between the parents that there will be no child support. The court considers child support the property of the child, not the parents and, therefore, adheres to the child support guidelines rather than an agreement between the parents. At this point, the state is helping to pay for what may be your boyfriend's children. The state wants its money back; therefore, it will pursue him for child support regardless of what the parents want. Additionally, the agreement is not likely enforceable as between the parents. While the mother may be saying at this point she does not want child support, she can always change her mind. There are cases of custodial parents seeking child support, including back child support, after many years of "agreement" not to (and even grown children seeking past support from non-custodial parents) who have received awards in the hundreds of thousands of dollars. Your boyfriend should address this issue sooner than later.

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Re: Child Support and Paternity Testing

He will not have to go to Colorado for the paternity test. His sample of DNA can be collected in California. When she applied for welfare she assigned her right to collect child support to the state. She has no control over the request that he pay child support. If he is the father he will have to pay some child support. The amount he pays will depend upon his income and the amount of contact he has with the children. He should get a hardship deduction for the the children he has with you. The amount of the hardship deduction will depend upon a number of factors. You should gather up income and expense information and consult with an attorney.