Legal Question in Family Law in Colorado

Re: Child Support / Restraining Order Parent vs. Parent

Technically, the child support payments you receive are to be applied toward the "smaller" monthly expenses, like co-pays, etc. However, you may be able to argue that such expenses are extraordinary medical expenses which increases the amount of child support your ex is supposed to pay. However, medical expenses in excess of $200 should be divided between the parties in some manner. If your final orders aren't clear on these issues, it's probably a good idea to get it modified so it is clear.

Your ex's wages can't be garnished unless there is a court order in effect, and a wage garnishment has been delivered to his employer. If the court determines that there are old amounts owing to you, the judge can order that it be repaid to you over a 24 month period.

As to the restraining order issue, you don't need to have it modified to contact him regarding mediation, but it would probably be better for a third party to do this, and to confirm that otherwise the restraining order remains in place. You could have an attorney do this, although you may be able to select a mediator and have them send your ex a letter requesting mediation - it just depends on the mediator. But, you shouldn't modify the restraining order - there are legitimate ways to contact him and for him to contact you regarding mediation.

Hope this helps!

Christine C. Nierenz, Esq.